The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-04-01
HOOS is VICTOR,
Supreme Court Pronounces
the Term Extender Act
Unconstitutional.
A MANDAMUs GRANTED
No Appeal Can Be Heard Un-
til June and the Election
Will Go On.
1T MAS SPECIAL LEGISLATION
Republicans Want More Dilatory
Court Proceedings But Mr.. Nc
Dermott Will Not Consent.
Special q the Jerscy citg Ns.rs.


TRENTON, April 1, 1ss7.-There was a
long delay this morning in getting to
work in the case of the Jersey City and
Newark election extender. The hour
fixed for the hearing was II 80, but when
Justices Gummere and Garrison reached
the State House they went into confer
ence at once in the consultation room
of the Supreme Court.
In the meantime Charles L. Corbin
Chandler Riker. William Riker the new
ly appointed Clerk of the Supreme Court,
and the loquacious Carl Lentz, more
wordy than ever fingered about the court
room bantering with Senator Daily and
Allan l.. McDermott over the outcome of
the case. Charles L. Corbin was on
hand, but spent the time in the law Ii
brary.
1t was 1920 o'clock when the Justices
took their seats on the bench and there
was another delay while messenger ran
about looking for Mr.. Corbin Finally
he was found, and Judge Garrison said
1--WE will hear COUNSEL
Mr.. McDermott said that counsel for the
relator (Mr. Hoos) had prepared stipu-
lation in the line suggested by the Court
in that part of its memorandum filed on
Tuesday referring to the alternative writ,
so that the matter can be taken at once
to the Court of Errors and Appeals.
Mr. Corbin replied that counsel did not
object to the terms of the allowance of
an alternative writ to be argued at
special session of the Court of Errors. I
nave every reason to believe that the
court will meet on Monday A majority
of the Court and the Chancellor have
agreed to meet on that day His side
considered the question of such import
ance that it should have the Immediate
attention of the Court of Errors
The Court then went into consultation
and Judge Garrison began writing.
: Then Judge Garrison said
the shape in which the parties placed it
in their original stipulations upon the
case. Then the action of this Court,
which is to allow writ of mandamus,
will be final in that shape. But if the
parties desire under the statute, to take
writ of error, we leave it as optional
With the respondent (the supporters of
he extender act) to have it placed in
uch shape as will be necessary This
vill be by consenting that a return shall
e deemed to have been filed to an alter
ative writ, and that the demurrer which
he relator (Hoos) will then be deemed
have filed to that, will be joined in
his Court; so that instead of being
rit of mandamus it will take the form
judgment for the relator (IIoos)
gafnst the respondent
This means that Mr.. Hoos wins his
Sc, and unless the Court of Errors sets
ide this decision, there will be an cleo
n this month.
Both Judges filed in the Supreme Court
erk's Office lengthy opinions and both
hch the same result though by differ
routes. They declare the "extender
t" is unconstitutional because it is
scial and should apply to all cities.
The counsel for the relator have re-
to consent to allow the matter to
rgued by the Court of Errors on
PfHay, and it said that the latter court
mot consider the question until next
pc. This, Mr.. McDermott says, means
re will be an election.