The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-03-27
F|NESSE VS., RIGHT.
Argument on the Spring
Election Mandamus Be-
fore the Supreme
Court at Tren-
ton.
M'DERMoTT's GREAT ARGUMENT
immortality and Crudity Of the
Infamous Term Extender
Laid Bare Before
the Court.
WEARTS SUBTLE TECHEICALITIES
The Republicans Uphold the Law
Regardless of Its Con-
sequences to the
City.
specia. to the Jerscy Citv Ne,rs.

Special to the Jersey City Neius.
TRENTON, March 27 1Ss7-This morn
ing the argument in the return of the
rule to show cause why a writ of man
damus should not issue to compel City
Clerk O'Donnen to receive the nomina-
tion of Edward Hoos as Democratic can
didate for Mayor of Jersey City and pro-
vide ballots for the spring election, came
up for argument in the Supreme Court.
Justices Gummere and Garrison were
on the bench. Mr.. Allan l.. McDermott
and Senator w. D. Daily appeared for
Mfr. Hoos. Messrs. Charles Corbin and
Spencer Weart appeared for Mr.. O'Don-
nell as a city officer, and Counsellor John
Griffin represented him personally. Coun-
sellor Chandler Riker was there to de-
fend the Macarthur bill, and Carl Lentz
was general overseer.
Mr.. McDermott opened the case by
stating the facts. During the argument
Mr.. Corbin continually interrupted Mr..
McDermott by interfering comments and
replies to Mr.. McDermott's argument.
Finally Judge Garrison said that the
Court received no assistance by such in
terruption and requested Mr.. Corbin to
desst.
The following is the text of Allan L.
McDermott's argument
Before considering the constitutionality
of Chapter rs of the Laws of 1897 call
the attention of the~Ceurt to the fact
that it would be impossible. under the
election under this act. The first section
provides that. hereafter in all cities of
the first class in this State, all municipal
r1<F- rfr-of hka ofC fnd fhnrr
shall be voted for and elected on the first
Tuesday after the first Monday of No
vember, in each year, and upon the same
official ballots required by law for the
election of State and county officers, and
not otherwise This is the only section
of the act providing for, or regulating
the manner Of election of officers il.
cities of the first class and it is impos-
sble to carry it into effect without hold
ing that it repeals all provisions in the
Ballot Reform Law now governing
elections in cities having population of
over 100 000.
To entitle candidate for the Office of
Mayor of Jersey City to have his nama
printed on any official ballot, he must be
nominated, by a convention or by Pc
tition, and his certificate of nomination
or petition must be fled with the muni-
GERS are filed with the County Clerk.
(Sec. 1923. Election Act. General Statutes,
p. 134D- 1t is the duty of the City Clerk
to print the ballots for the municipal off,
GERS (Sec. $3.50. Neither clerk can print
any name upon any ballots when such
name was not included in any certificate
or petition filed with him at least eight
days before the election" tsec. s25l.
County and municipal clerks are forbid
den to print upon any ballots any names
not found n nominating pagers s9sa fled IN
not any provision of law which would
authorize the County Clerk of Hudson
county to receive any certificate or.peti-
of Jersey City, nor is there any provision
by which such County Clerk can obtain
knowledge of SUCH nomination. The
nominations of all parties for that office
must be filed with the City Clerk Of
He cannot send them to the COUNTY
certify the fact of nomination to the
County Clerk All certificates and peti-
tions of nomination when filed shall be
inspection. and the same shall be pre-
served for one year." tSec. 323). Now, if
the County Clerk is to print only the
papers are filed in his Office COR whose
nomination is certified by the Secretary
of State), and the City Clerk is to re-
ceive, file and keep the nominating pap
ers of candidates who are to be voted
for only within the city, how is the
County Clerk, who furnishes the official
BALLOTS required by law for the election
OF State and county officers, to know
what names of municipal candidates he
is to print on those same official ball
lots?'' Are the municipal clerks to print
the ballots for the State and county Off
GERS, or are the voters to write the names
county ballot? That it is not intended
beyond the provisions Of the aBailot RE Re
form Act is shown by the recognition Of
official ballots. The Ballot Reform
clared policy of the State, as expressed
in the preamble to the act of 1889. viz. =
Whereas. 1T is deemed for the best in
rafT
lions for local officers should not be
held on general election days. therefore
Sec. l. That no local or charter cleo
ton shall be held in this State on the
same day fixed for the holding Of GEN
eral election, or on the day when mem
bers of the general assembly are now
elected by law. QGen. Stat, p. 1881, See
IN short, there cannot under the act of
1897 be any election for municipal officers
held in Jersey City next November
Statutes SO ambiguous or defective in
their terms as to convey no definite or
certain meaning are invalid as is
statute directing the payment of money.
Eng. Enc, tit. Statutes, 4, vol 2S, q
22S. Acts Of Parliament that are impos-
sible to be performed are of no validity
The act is void, being special legislation
regulating the internal affairs of certain
cities not distinguished by any feature
also void because its title tells false
hood. Under the census of 1895, the city
of Paterson had 81 .SH population. Under
and become a city Of the first-class
Thereupon 1t will be excluded from the
State policy evidenced by the act of 1889
and is municipal officers will be elected
any relation between size of population
s and the mingling of general and municipal
Gupported upon the ground Of economy z