The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-06-21
THE QUO WARRANT TO
Argument on the Mayoralty
Election in the Court
of Errors Today.
coRBIN ON TIE M'ARTHUR ACT
Defence Of the Measure Aban-
doned Except on the Mar
rowest Technical
Grounds.
Allan |. McDermott's Mastery At
tack on the Unconstitutional
and Revolutionary Law.

Especial to 'The Jersey City NewsnJ
TRENTON, June q, 1S97-It was hall
past twelve when Chief Justice Magic as
Presiding Judge of the Court of Errors
and Appeals called the Jersey City quo
warranto cases. Four Judges were
, absent -ChancellorMcGill and Judges
Krueger. Garrison and Gummere Thai
made the court who will hear the argu-
nent stand seven Republicans to five
Democrats.
Charles Corbin responded for Mayor
Wanser for Commissioners Harding and
Weastell in the contest for membership
IN the Street and Water Board. Corpora
tlon Counsel Blair appeared for the city
IN the collusive case of the Evening
JournaL Allan L. McDermott represent
ed Mayor Hoos and Charles Thompson
appeared for Leonard whose election as
constable Is contested by Williams
Mr. Corbin presented his case by giving
history of the controversy and read ex-
tracts from The decisions of Justice Gum
mere and Garrison who as a branch of
the Supreme Court declared the Nc
Arthur election statue unconstitutional.
The case he said represented only one
issue and that was whether the Macarthur
bill was constitutional and to that ques-
tion he would direct his argument. He
then presented some of the arguments
which had been raised by the Republicans
on the argument before the Supreme
Court
Mr.. Blair then presented the case of the
Evening Journal" association against
the city showing how it arose out of a
suit brought by the association against
the city for advertising the notices OF the
election.
When he had finished Mr. Corbin began
his argument. The first point he took up
was whether the statute of 1897, the Nc
Arthur act. regulated the internal affairs
of towns. He quoted from the opinions
OF Justices Gummere and Garrison to
show the reasoning by which they ar
rived at that conclusion. He quoted au-
thoritieS to show that judges have held
the contrary opinion.
Next he declared that 1t did not inn
pugn the validity of the Macarthur Act
to show tnat it was equally appropriate
to other cities. The inquiry, he said was
appropriate to another class. Such an IN
Quiry became mere discussion of the
wisdom OF the law. Nevertheless, for
arguments sake, ne would meet the Su-
preme Court on It's own ground. He then
proceeded to show that more was gained
by holding the municipal and State and
National elections together.
The next point raised by Mr.. Corbin
was that the Court cannot impute to the
Legislature motives and purposes not ex-
acts relating to the structure and ma
chinery of municipal government may be
limited to first class cities The act he
declared, applied to all first-class cities
and then he argued to show that the pro-;
visions for the extension OF terms was
valid. The act, he declared, was not in
the election and closed by claiming that
the act embraced only one object and
that was expressed in its title
Mr. McDermott followed Mr.. Corbin.
His argument was as follows:-
Before considering the constitutionality
OF Chapter Is of the Laws of 1897. call
the attention of the court to the fact that
il would be impossible to hold an election
under this act
The first section provides that there
after in all cities OF the first class in this
State, all municipal officers required to
be elected therein shall be voted for and
elected on the first Tuesday after the
first Monday of November, in each year.
and upon the same official ballots required
by law for the election of State and coun-
ty officers, and not otherwise" This is
the only section of the act providing for.
or regulating the manner of the election
of officers in cities of the first class, and
1t is impossible to carry it into effect
visions in the ballot Reform Law now
governing elections in cities having a
population of over 100000.
Mayor Of Jersey City to have his name
printed on any official ballot. he must be
nominated by convention or by pc
or petition must be filed with the munich
pal clerk. Nominations for county officers
are filed with the County Clerk 1t is
the duty of the City Clerk to print the
ballots for the municipal officers Neither
clerk can print any name upon any bal
lots when such name was not included
in any certificate or petition filed with
him at least eight days before the cleo
tion." County and municipal clerks are
forbidden to print upon any ballots any
names not found in nominating papers,
filed in their respective offices Sec. 325).
There is not any provision of law which
would authorize the County Clerk of Hud-
petition of nomination for the office of
Mayor of Jersey City, nor is there any
provision by which such County Clerk
of
tion. The nominations of all parties for
that office must be filed with the City
fe CLERK % OF tss Jefsey ety Sitg He cannot send
official weightacertify the fact of a noni-
nation to the County Clerk All certificates
and s petitions OF noInination when filed
shall be open, under proper regulations
for public inspection, and the same shall
be preserved for one year. Now, if the
County Clerk is to print only the names
of candidates whose nominating papers
are filed in his Office (or whose nomina-
tons are certified by the Secretary of
State). and the City Clerk is to receive.
candidates who are to be voted for only
within the city, how is the County Clerk.
Suped 81 aW o for the e1ecton 6ets o
and county officers to know what names
Of municipal candidates he is to print on
muns-ipsi clerks to- fo print the ballots for for
the State and county officers, or are the
voters to write the names Of the muni-
It is not intended to put cities of the first
class beyond the provisions of the Ballot
Reform Act is shown by the recognition
not. under the act of 1Sois be be any s election
for municipal officers held in Jersey City
next November.
sections of this act can apply only to
Newark and Jersey City In an opinion
published By counsel for relator the
last ADril were advised that If was their.