The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-03-29
UNFOLDING 4 WRONG
Charles 1. Corhin Argues
for the Validity of the
Election Extend
ing Act.
J. .sAYSlTs CONSTITUTIONAL
Chan" Riker Contends That
the Change Will Benefit
the Workingman.
Allan McDermott Exposes the Soph-
istry Of the Newark Man
Decision to Be Given in
Time for an Election.
spscfa. to the Jerssu cstu Ns,as.

special to the jersey City Neics
TRENTON, March %. 1S97.-The argu-
ment in the return of the rule to show
cause why mandamus should not issue
compelling Michael j. O'Donnell, City
Clerk of Jersey City, to receive and file
the certificate of nomination of Edward
Hoos for Mayor. was continued Saturday
afternoon before Justices Gummere and
Garrison of the Supreme Court Mr.
Charles L. Corbin, for the defense. was
the first speaker. He claimed that the
act was valid, as it embraced only one
object: the fixing a date for election and
changes appropriate thereto. The title
embraces this purpose and is not vitiated
by its redundance. The act deals with
the machinery for regulating and con-
Quoting municipal affairs and therefore
the classification is sound. Mr.. Corbin
then quoted numerous authorities to sub
stantiate his points, He then went on to
argue that the generality of a statute
was not tested by the uniformity of the
results.
The next point that he raised was that
the election was sufficiently provided for
In the act. If there was failure to
provide any machinery for the electlon,' .
ne said. 1T would form no ground to dis
regard the act. If the powers conferred
are inadequate subsequent legislation
must remedy the defect. 1t was expressly
held that Bloomfield city act was not
void by reason of failure to provide a
system of government. Another act was
passed for that end.''
Next Mr.. Corbir contended that the
election procedure was fully provided. He
said
The election law as found in the gen.
eral statutes makes ample prov an for
the municipal election, no mattel when
held.
IS. s1s, the governing body of the city
appoints election board in September
senate 257, municipal ballots are made
IS, 3SS-S3s. nominations are to be filed
with County Clerk or City Clerk.
;. 326 and S. 318 the County or City
Clerk shall provide the official ballots
IS; 2s7, in all elections the County Clerk
shall deliver the ballots printed by him
to City Clerk for distribution.
1t will be seen that the election ma
chinery is complete and contemplates CO.
Clerk.
The new act changes the duty of print
Ing the ballots on the County Clerk. 1t
is objected that municipal nominations
are certified to City Clerk only; but it is
Wen settled that powers granted by
statute imply all other powers necessary
TO exercise granted powers.
The County Clerk being required to
print the ballots. it is implied that he
snail ascertain the proper nominees from
the public records thereof in the office of
the City Clerk. Such is the course in
election of Freeholders. whose nominal
the City Clerk (Gen. Stat 354 Sec. 3as).
because they are officers of wards and
townships (P. 1: 1884, p 1861; but they are
chosen at the fall election and the County
Clerks of Essex and Hudson obtain their
information from the officers of the city
by"
Then Mr.. Corbin argued that the extern
sion of terms of officers provided for by
the act was valid. He said:-
1.-THE question here is whether the
change of date of election is valid. 1t is
of the terms is valid. If not valid, the
inability to hold lawful election in
April simply leaves the Mayor and other
officers to hold over by. virtue. of the act
cessorS shall qualify.
The extension of terms of office by the
statute is valid. The Constitution not
only provides that the Legislature shall
pass no local or special laws appoint
ing local officers or commissions to regu-
late municipal affairs but also provides
laws providing for the cases enumerated
In this paragraph. If it be true that the
extension in question is in effect an ap
po1ntment, the question still remains, is
It such an appointment by general law?
II this is not a general law for appoint
Ing local officers, what is?
Whenever an election date is changed,
official terms must be either shortened or
heightened. The New York Constitution
OF 1915, still In force, IS radically different
and New York cases do not apply Legis-
latlv9 extension nf or a nh
OF Gate OF election took place as to Free
holders In many cases.
lSss. ?; ls5. Secs. and 8; election
changed and terms extended till fall.
1881, p. 461, Sec. 3, election changed and
terms oas extended tin spring:
1883 p. 25S, Director-at-L Large election
changed and terms extended till fall
See also p. L. 1894, .. 24S, and P. L.
in Mortland '. Christian, % vr. 521,
the Court of Errors and Appeals directly
affirmed the title by legislative extension
against title by popular election:-the
election, too. being regular and prior to
The point was directly in issue {2s
vr. 528)
son denial Of the mandamus the re-
present term of the Court of Errors and
Appeals. which we will facilitate.
Gen Stat. p. 1000. s. 10 and s. Il.
has no remedy, but the incumbents must
test the right by holding the Office against
luo warranto.
venience an election should not be or
aered over this act without the order of
the Court Of Errors and Appeals, who
can have it Monday.
The writ is discretionary, and may be
Venience.' =
Mr.. Corbin was followed by Mr.. Chan
Her Riker, of Newark, who concluded the
trgument in favor of the act. After argu-