The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-04-16


and won the suit. In the decision the
trusion has been conscienciously wrong
full part of the Judgment will be a fine
or a punishment The language of the
court which was uttered in June, 1883,
was: 1T is a settled law of this State
that usurpers of public Office may if they
receive the emoluments, retain them as
| their own property and it is obvious that
these profitable usurpations will be num-
erous unless the tendency to such miscon-
duct shall be restrained by the repressive
hand of this court There is apparently
but little if anything, in the facts of this
case as they are presented to the court to
the result of mistaken view of the law
on the part of the respondent, (Meehan)."
1t is this which has had considerable
to do with the hesitancy of many of the
| leaders to make the fight.
The lawyers who are advising the Re-
publicans pretend to give no weight what
ever to the Bownes-Meehan case. They
say that the Jersey City case is one of
altogether too much importance to be
finally decided by only two Judges of the
Supreme Court, and they are positive that
the Court of Appeals will decide the law
constitutional, which would authorize
Mayor Wanser, Reuben Simpson and the
others who were defeated, on Tuesday,
to retain their offices until January l, and
would order fall election.
There are mysterious hints around town
| to the effect that the muddle will be
settled in manner which will be devoid
of all dual governments and similar
complications. 1t embraces no ques-
tion of quo warranto, usurpation of
offices or any similar procedure. 1t in
wolves a civil suit to be brought by a
man against the city in which the ques-
tion of who is entitled to the Mayor s
and other offices balloted for on Tuesday.
This much is certain the Republican law
| yers are so sure that they are right that
some proceedings will be taken to get the
question before the Court of Errors and
Appeals.
Just what the Mayor will do relative
to handing over the administration to
Mr.. Hoos will be governed entirely by the
conclusion arrived at by the party lead
ers and their legal advisers.
The situation, it is claimed, is that if
the term extender" is declared uncon-
stitutional, many other laws affecting
the city will likewise be rendered invalid.
Charles Corbin has advised the Repub-
hcans that the Court of Errors and Ap-
peals has already committed itself con-
corning special classification of legisla-
ton. He has also cited the case of the
change of time of electing Freeholders
from spring until fall, which, as
every one familiar with politics in this
county knows, extended the terms of
the then sitting Democratic Freeholders.
That act provided for the change in coun-
ties of the first class, and even went
further and provided that in cities of
the first class members to the Board
should be elected from wards; in second
class cities at large, and in towns and so
on on basis of population.
The act when tested was pronounced
quite constitutional. In the decision of
the Court in that case the Republicans
will make their fight for the upholding of
the term extender'' Mr.. Corbin is salts
fed that he will be able to carry the day
and he has practically agreed, it is said,
to assume the entire responsibility of
Mayor Wanser and the other officials
holding on despite the result of Tuesday S
election.
All the members of the other depart
ments are anxious to fight. Mayor Wan
ser alone being anxious to turn the man
agement of the city over to the Demo-
Gratis. The Mayor is making converts
daily and some of the Republican workers
entertain the idea that the scheme to
hold on to the reins of the government
will be abandoned. For some reason,
which everyone on the inside declines to
make known, it will not be finally de-
cided what is to be done before next
Monday night. BetweenA Atonight and then
people are to be seen. conferences held,
arrangements made, and SO on. If ar
rangements contemplated are completed
in satisfactory manner the flag will be
dropped, the race started and Mr.. Hoos
will have to hustle to get into office.
If necessary the doors of the public
Offices will be barred against him. If he
attempts to get possession by force the
police department will be called upon to
preserve peace and order. Lively times
all around are looked for
What is puzzling and worrying the
Democratic leaders most is that the FL
nance Commissioners will, until the
Mayoralty dispute is settled, decline to
| approve the official bonds of Messrs.
Anthony Hauck and James Nolan Until
those gentlemen are seated the little
| patronage that was won by Tuesday S
victory will remain beyond reach.
| Leader Robert Davis was not at ali
worried today about what turn affairs
| will take. He says that Mayor Wanser
if allowed to exercise his own judgment
| viii net attempt to defy the wishes OF
the people. Mr.. Davis contends that on
May 4 Edward Hoos will have full and
undisputed possession of the Mayors of
| flee.
Republicans not closely allied with the
machine are opposed to the proposed
Police Murphy is one Of that class
Samuel d. Dickinson, the Republican
leader, declines absolutely to discuss the
| situation. It is said it is immaterial to
| him what is done. He is to be reap
pointed.
The following is the true text Of Nc
Arthur's term extender:-
CHAPTER 2s.
| An Act relating to cities of the first
class in this State, and providing fol
the holding of municipal or charter cleo
| tions therein, and regulating the terms
OF elective and appointive officers there
! in.
Be it enacted by the Senate and Gen
eral Assembly of the State Of New Jer.
| sey:-
/. Hereafter in all cities of the first