The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-06-04
BRON WINGS VICTORY.
Supreme Court Decides His Ap.
poin tment Was Legal
Other Important De-
eisions.
Especial to .The Jersey city News."1

Especial to 1.-THE Jersey City News."1
TRENTON, June A, 1S97.-The Supreme
Court read opinions yesterday in the
cases which were argued at the February
term.
Justice Van Syckel endered a decision
In the case of Graham against the Con-
solidated Traction Company. Graham
had a little four-year-old hild killed by
an electric car, and recovered $1,000 dam
ages. Justice Van Syckel said this was
an excessive sum for a child, and Graham
should either take 81, 900 or the rule bring
ing the case to the Supreme Court would
be made absolute. This means that
Graham must AXE 81, 900 or nothing.
A ~perelnptory writ of mandamus is is
sued directing City Clerk O,Donnelf Of
Jersey City to give William H. Browning
a place in the Office of City Clerk. Under
the charter of Jersey City it is provided
that the Board of Finance and Taxation
of Jersey City may appoint a clerk in the
office Of the City Clerk in addition to the
three provided for by the charter, as
necessity may demand. In 1884 the Board
of Finance appointed Jarvis P. Wanser to
be such clerk, and he occupied the posi-
ton up to the time of his death, in 1896.
ADAOWAA4is5 was tltl appointed by the
Board of Finance to fill the vacancy, but
City Clerk O'Donnel refused to assign
him to duty, and now the Court orders
that Browning shall be put to work.
Browning also asked for a mandamus
compelling the City Clerk to draw war
rants for his past and future salary. This
the Supreme Court refuses to allow, hold
ing that at best it is doubtful whether
Browning is entitled to a salary for the
time passed, during which he has not per-
formed duty. AS to the future salary, the
opinion holds that it cannot be assumed
that City Clerk O'Donnell will refuse to
sign proper warrants during the future
when Browning is actually on duty.
A writ of mandamus was allowed giving
James N. Matthews a seat in the Board
of Chosen Freeholders of Hudson county.
The matter was before the Supreme Court
on a petition for mandanus filed by Mat
thews against the Hudson County Board
Of Canvassers and T. G. Fisher, clerk of
the Board. Matthews was elected a Free
holder from the Township of Kearny.
The question arose as to whether Kearny
was entitled to two member on the
Board and the canvassers refused to is
sue a certificate. The mandamus allowed
yesterday compels the issuance Of a GER
tif1cate Of election to Matthews.
The Judgment is affirmed in the case of
Frederick H. Spengeman ads. The Pales-
tine Building Association of Hudson
county. which judgment was In favor of
the Building Association. Spengeman
agreed with the Building Association that
If it would purchase a piece of land
which the owner had employed him to
sell, he would allow his commission to the
ompan thus reducing the price by SO
much; tnereupon the eompan purchased
the property and paid the full stipulated
price to the owner, who afterwards paid
the commission to Spengeman. Judg-
IN the City District Court of Jersey City.
It was claimed at the trial before the
supreme that the Palestine Com
Dany could not maintain an action at law
against Spengeman. The opinion holds
that the plaintiff could, at common law,
maintain an action against Spengeman
for the amount of the commission.
In the matter of Samuel ]. Meyers ct
Al. against the Hudson County Electric
C g M and the city Of Bayonne, on
the act Of April q, 1896 Up. L.. 1896, o.. 322).
electric light companies cannot lawfully
erect poies In any street of a city for
first obtaining from the city a particular
designation of the streets in which the
same are to be placed. This sets aside
dated January Is, iss5, e grsnfine thsy e Fms.
son County Electric Company the right to
erect poles and string wires in the streets
has been acted upon by the electric rail-
way with the acquiescence of the city
a I e, the owners Of the property affected.
4. also aeclares Illegal the resolution of
which also gives the electric compan
power to erect poles without specifying
the streets on which they may be erected.