The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-04-24
Everyone Pleased That the SOUR
nars'' Disreputabie Scheme
Has Been kebuked BY
she Judges.
Especial to ..The Jersey city News."1

J
TRENTON, April a. 1S97-The special
session of the Court of Errors and APP
pea.s, at Trenton. this morning, was not
altogether useless True the special pur-
pose for which it was called turned out
to be political farce comedy, but Gott-
fried Kruger and Frederick Adams had
an opportunity to take the oath of Office
as Lay Judges a month or more sooner
than they otherwise would
The Court was convened to pull the
Republican officeholders out of the nire
into which they have been cast by their
desire to hold on. But they are still in
the mud, as the Court refused to render
she least assistance. 1t quickly and en-
Shatically, without listening to word of
argument, said that it would not hear
the collusive suit of the Evening Jour-
naf' to get a decision on the validity of
she Macarthur Extension Act 1t added
that the suit was in form an action to
collect a debt, and that it would not con-
slider the question of title to office when
the parties interested in the title were
not before the Court.
The technical form of the application
was motion to advance the hearing on
the writ of error to the Supreme Court
to review the decision of Justices Garri-
son and Gummere, affirming the Jour
nails" judgment against Jersey City for
q printing bill of $261. The Appellate
Court evidently could see nothing more
in this than in any of the thousand and
one other judgments for simple debt re-
Gently rendered in this State that should
call for urgent consideration by the Court
of last resort.
What brought the matter formally to
the attention of the Court was the fol-
lowing brief, prepared by Mr. John A.
Blair, counsel for the city, and Messrs.
Corbin & Corbin, associate counsel
The counsel for the city respectfully ap-
ply for an immediate hearing of this
case. 1t involves the validity of the
election law of 1897, changing the charter
election from April to November in first
class cities. This suit is brought by a
publisher of an official newspaper for ad-
vertising the April election, and the dec
laration is tested by demurrer. de-
murrer does not admit conclusion of
law, and the power of a city to contract
a debt for such services is a question of
statute law.
This case is a genuine one, arising nat
urally from the situation, and we think
fairly presents the question of the law
fulness of the Act of 1897. The Mayor
elect who was the relator who applied
for a mandamus to compel an election,
was notified by counsel for defendant in
error that he might appear by counsel
for defendant in this case. A decision
will prevent disorder in the city govern
ment and consequent injury to the credit
Of the two largest cities of the State.
If the statute changing the election is
held void, we can answer for the city
officers that they will cheerfully surren-
der their offices, and it is clear that if
the Act is held valid, no one else can
set I'D a claim to them.
In the present situation these officers
are placed in position where they will
be called upon to decide whether to sur
render the public property, and the
offices of the city in defiance of a stat
ute OF plain terms, without any decisive
adjudication to guide them. The Supreme
Court in the side branch ordered a man
q idamus TO the City Clerk to print ballots
Tor the April election, but the city was
IT . party: no order was ever entered,