The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-01-07

FREEH0LDHRS RBBUKBD.
If They Do Not Proceed in
an Orderly Way, the
Grand Jury May
Take Notice.
JUDGE LIpPINooTT's WARNING.
Writ of certiorari Will Be Issued
but No Stay Granted Looks
Bad for Clayton.
JUDGE LIpPINcoTT's WARNING.

Justice Lippincott gave his decision this
morning on the application made on be-
half of Freeholder Clayton for a rule to
show cause why a writ of certiorari
should not issue to remove the proceed
ings of ruling combination of the Board
of Freeholders to the Supreme Court for
review. The decision leaves matters just
as they are. The Court decided that the
plaintiffs can have rule to show cause
If they want it, but if it is granted it will
be without stay, so that the majority
can go right along and do as they please
The Court took occasion to criticise the
Board for the disorderly manner in which
they have been conducting their pro-
ceedings and strongly intimated that if
better order was not preserved and the
business of the county properly attended
to the matter would be brought to the
attention of another tribunal. The Court
evidently meant the Grand Jury.
There was large attendance in court
when Justice Lippincott began to, read
his decision. Many politicians were pres
ent. Freeholder Piercy was the only rep
resentative of the outs The combine
was represented by Director Green and
= cStfttdciS 1eiOiNleti, I1elilSy,f SittueiitS,
Nicely and McNally. In opening Justice
Lippincott said that the manner in which
the Board had been acting was not con-
ducive to good government. 1t lays itself
liable to public criticism and stigma
has been placed upon the Board In or
Ger to secure public confidence the mem
bers should have confidence ir,seach 9TH
er- Their actions SO far seen to have
been only scramble for patronage. The
Court. he said. has no power to correct
this condition of affairs, but there is an
other tribunal which could investigate
and apply a remedy and its interference
will be invoked unless matters are mend
ed.
In regard to the resolution providing
for one standing committee to be known
as the Committee on County Affairs, the
Court said it involved the power of the
Director of the Board under the statute.
There was a time when the power of the
Direetor-at-Large, elected by the people,
was almost supreme and in certain in
stances beyond review His veto power
in some cases was absolute and in others
a two-third vote was required to over
come veto These statutes have all
been repealed and the Director has no
veto power now. His duty is to preside
at the meetings and enforce the rules.
He is virtually the nlouthpsece of the
Board and must abide by the vote of the
Board. He mas no right to refuse to pre-
side or perform his duty. When he does
refuse the statute provides for the cleo
tic1 of a temporary Director. There is
no doubt that the Board has the right
to pass resolution providing for a
standing committee. It has the authority
to designate what committees there shall
be and IT is obligatory upon the Director
to name the committees so designated.
It is discretionary with the Board to pro-
vide for sub-confmlttees or not, as they
see fit. The statute says that the Direc-
tor shall appoint all the committees but
If the Board chooses it can transact busi-
ness without any committees at ALL AS
there is a question as to the right of the
Director to name the members of the
subcommittee, Justice Lippincott said re
was inclined to grant a writ to have that
question reviewed. but 1t woald be with
out a stay. He would do it in order that
the business of the county might be ex-
pedited.
Referring then to the ousting of Direc-
tor Clayton and the appointment of Free
holder Green, the Court said that outside
of the special duty of presiding the Dsrec-
tor has no special power more than any
oLher member. It is alleged that Director
Clayton presided in an arbitrary manner,
that he was disposed to set up his person.
al opinion against the wishes of the ma
j8rity of the Board, and that he arbitrarily
adhered to that opinion. He insisted that
the members were acting contrary to law
in passing resolutions which the law did
not authorize. He presided at the organi-
zation meeting and at the meeting of De-
cember 3Q There was trouble at both
meetings. A resolution was introduced
summarily removing Director Clayton
from the chair. He declared 1t out of or
der, but the Clerk took the vote and de-
elared it adopted. A resolution appoint
ing William Green Director was adopted
in the same way. Green assumed the Of
ff.<s q nj raarfQrr1a1 the 6tItiaS ar. oc
he was able. Clayton also performed the
duties so far as he was able. They both
put. resolutions and announced the re-
suit. Two men trying to hold the same
office is situation of affairs requiring the
intervention of some court of competent
jurisdiction to determine. He would not,
say which was entitled to perform the
duties of the Office He would not
say that the Board cannot remove its
presiding officer at any time, although the
elected annually. The Court was of the
opinion, judging from the case of Bill
ings against Fielder and a Bayonne case
in which two men attempted to perform
the duties Of collector, that the proceed
ingS to determine the title to the office
should be by rnandalnus and not be GER
tiorari: The majority. OF the Freeholders
decided that Clayton had refused to per-
form his duty and removed him. His
proper remedy then was by nandamus
to compel the Board to recognize him.
f
that in what he said he was not express
ing any opinion on tho merits of the
case and the Roard is not bound to obey
his behests. The County Collector can
only make payments on the signature of
the Director, but the courts have decided
that the acts of de facto body are as
good in law as the acts Of a de jure body.
If q certiorari was the proper method of
proceeding the Court would have no hesi-
fation in granting it. The title to the
office must be determined by QUO war
ranto. # counsel had ID any ny doubt about
the posatlon tase 81 caa ~ T. une s,c hoars sne
that it could be determined. Counsel
may take writ of certiorari If they de-
sire it. but 1t will be without stay.
The Court will not grant writ and
make it have its absolute common law
operation. Lawyer Albeit said it was too
COON to determine what he would do.
The Board will meet this afternoon and
as Director Green Is backed by strong
majority he viii doubtless preside with
out any physical opposition.