The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-04-02
n, % 4 rs Newark Ave, Through to 1913 Montgomery st, Jersey City

o~fficers; and unless the union of such cleo
tons bears a reasonable, relation to the
number of inhabitants of the cities in
winch they are united-if the statute does
not embrace every city, and exclude none,
whose condition and wants render. such
legislation equally necessary or appro-
priat to then1-it comes within the con-
st.tutional fnterdict.
Being keenly aware Of the great con-
Tuslon winch must result from a judicial
declaration that this act is special in its
character and therefore unconstitutional
l have striven to find some ground upon
which it could be brought within the
rule aid down down by the cases to
which l nave referred, but / have been
unable to perceive how the legislation, if
1T be a public necessity for cities having a
population over one Numbered thousand is
not equally a necessity for those having a
smaller number of inhabitants.
We are, indeed, told by counsel that
inns legislation is needed in cities of the
nrst-class because in those cities voters
are sometimes intimidated, votes are pur-
chased and fraudulent votes cast. and
that fraudulent returns are made of the
votes in the ballot box; but, unfortunate
~, these evils, as is we'll known. exist
also critics having a population of less
n one hundred thousand, although
perhaps not to the same extent, and If
the consolidation of municipal and State
elections will tend to do away with these
evils, surely the conditions and wants of
these smaller cities render the legislation
IN question equally appropriate to them.
We are also told that, in the cities of
the first-class, the places of business of
many of the voters are located at a long
distance from the places where they cast
their votes; and that, because of the fact
that the day for holding municipal cleo.
tons is not a legal holiday, they remain
away from the polls, with the result that
the total vote cast in those cities at such
elections is much smaller thar that cast
at the fall election; and it is urged that,
n ra soy A - Z - - - ~
such cities, the election should be con-
solidated, in order that the charter cleo
tons should be held on a legal holiday
and thus bring out a larger vote than can
now be obtained. But it is equally true
that in cities which are not of the first
class, the vote cast at charter elections
is usually much smaller than that cast
at the State and county elections and for
the reasons stated: and IL the union Of
the two elections and the holding Of the
JOINT election on q legal holiday will
benefit cities of the irst-c1ass by bring
ing out a larger vote for municipal Off
GERS, it will for the same reason be equal
ly beneficial to many Of the other cities
of this State.
Again, it is said, in cities Of the first
class, the expense of holding their mund-
clpal elections has grown to be so great
as to have become an intolerable burden,
and we are told that for this reason these
cities are properly classified for the pur-
pose Of this legislation. But it is UNI
L11dL lllC SApGISG u lOlQl0R
an election is, to a large degree, propor-
tionable to the population Of the NUM-
cipality in which 1t is held. and that the
larger cities, by reason of their richer
treasures are not less able to bear the
burden cast upon them than their weak
er and smaller sisters. And even if it be
true that the election expenses of a city
of the first class are proportionately
larger than those Of cities having fewer
inhabitants, still it is only a matter of
degree and, if it is to the interest of these
larger cities to be relieved from the ex-
pense of holding two elections In each
year, clearly 1t Is to the interest of the
smaller cities also to be relieved from
his burden.
The only other reason suggested by
counsel for constituting cities having a
population of over one hundred thousand
into a class for the purpose of this legis-
lation, is based upon the statement that
In those cities, property is generally rent
ed for terms which begin upon the first
of May, while in the smaller cities, leases
generally run from April 1. There is no
evidence before us, however, of any such
conditions of affairs. and the statement
is not justified by the fact. The begin
ming day of the term for which property
is rented in our various cities depends
much more upon their geographical To-
scality than upon the n Of their In
habitants. In those cities lying in the
neighborhood of New York the, commence
ment of the term is generally the first
and westerly part Of the State, April /
marks the beginning of the renting year.
Nothing else is suggested by counsel as
3-differentiatiisg cities having more than
hundred thousand inhabitants, from.
3 fion 70 ha tbs soaz aassS q 81 with g55ln, rsla1
with State elections, except that In those
cities the fiscal year c01amences In the.