The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-04-10
WOULD Be USURPA7IOF
Law Bearing on the Rumoree
Design to Ignore the De-
eision Of Judges Gum
mere and Garrison.

This is a quiet, friendly tip for Mayor
Wanser and for any other city officia;
who contemplates hplding on to his Office
in the event of the Democrats winning
next Tuesday. That the Democrats vii
win is foregone conclusion
1t has been publicly and repeatedly as
serted, and the assertion remains uncon
tradicted that if the people elect Edward
Hoos Mayor next Tuesday, Mayor Wan
ser will refuse to surrender the office tc
him until the Court of Errors and APP
peals has passed upon the constitution
allty of the Macarthur act, the act which
has been declared unconstitutional by the
Supreme Court. 1t maS be only a bluff,
but If any official should carry the idea
into execution he becomes usurper and
makes himself liable to the law. His re-
fuSal to surrender Office to his successor
would be a usurpation of office, a misde
meanor indictable and punishable under
the law.
"A decision of the Supreme Court said
noted lawyer yesterday SIS to be con
sidered the law of the State until revers-
ed by the Court of Errors This is fact
which every lawyer knows or should
know. An opinion in point was delivered
at the November term of the Supreme
Court in 1898. 1t was in the case of
Flaucher against the city of Camden and
can be found in 9th Vroorn. Flaucher
was prosecuted for selling liquor under a
license granted by an excise board which
had been created by an act passed March
20, 1881 He was convicted and carried the
case to the Supreme Court The State
contended that the act creating the ex-
else board was unconstitutional and the
Supreme Court so declared it. That
made Flaucher's license valueless, but he
continued to sell under 1t pending the re-
suit of an appeal to the Court of Errors.
That is precisely what Mayor Wanser is
said to propose to do, not sell liquor, of
course, but do something of far greater
importance-hold the high office of Mayor
under a law which has been declared un-
Constitutional
The lawyer quoted drew attention to the
conclusion of the Court in the Flaucher
case The Court says
The decision of the Supreme Court in
this matter involves the construction OF
statute and the construction given to
the statute by this Court until reversed
by the Court of Errors, is to be consid-
cred the law of the State So long as il
stands unreversed every court and judge
must so accept it whenever the same
question again arises in any other pro-
ceeding. The notion that deliberate
opinion of the Supreme Court in one case
could be disregarded in any other cause
arising in the same court or in any in
ferior court and involving the same prin-
ciple would be opposed to all settled rules
which control judicial Conduct
That is plain enough the lawyer went
on The opinion of the Court is the
law Of the State until reversed and every
Court and judge must so accept it. So
also must every Mayor and every citi-
zen and every inhabitant of the State.
Now the Supreme Court has declared the
law known as the Macarthur act uncon-
stitutional, and consequently it has no
existence until the Court of Error re-
verses that decision, if It ever does
Should Mayor Wanser, therefore, ATTEMPT
to hold the office under a law which has
no existence he would be usurper. The
Criminal law classifies usurpation Of pub
lie office as misdemeanor and provides
for the Indictment of the usurper and
his punishment on conviction. Nobody
wants to see Mayor Wanser in trouble
and it will be well for him to give this
matter his most thoughtful consider