The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-03-06
The Term Extender Unoons.itntions

The Term Extender Demonstrations.
The Republican papers are engaged ii
a dastardly attempt to blacken the De
mocracy of Hudson county in respect tt
its action on the Term Extender bill
now in the Senate. The howl is goins
up that the party is threatening to hold
an election in defiance of law. Quite the
contrary is the case. The party seeks,
by holding an election. to maintain the
dignity of the law and the Constitution
against a wholly unjustifable partisan
attempt to subyert them.
There are two Constitutional points in
volved.
The Macarthur bill is made applicable
only to first-class cities. It is claimed
that this makes it special legislation
because there is no appreciable distinc-
tion between one class of cities and an
other in the matter of holding charter
elections. Indeed, any argument which
can be devised to support the single cleo
ton scheme for frst-class cities applies
with even greater cogeney to s~second-class
ones. Thus in the matter of economy,
for instance: If hrst-ciasss cities cannot
afford the expense of two selections a
year. how can smaller ones afford it? 1t
is conceded that if the bill were extended
to all the cities in the State this argu-
ment would not apply. But it impresses
many good lawyers of both parties as
being unanswerable in view of the pres
ent shape of the measure. setting up, as
it does. a classification which does not
classify.
The second Constitutional objection to
the bill is also founded on Article W,
Section VII, Paragraph 5. of the Con-
stitution, which says
The Legislature shall not pass private.
lowing enumerated cases. that is to say
Regulating the internal affairs of towns
and counties; appointing local offices or
fairs.
The Democratic claim is that the ex-
tension of the terms of the municipal
officers from May 1 to January /, 1898, is
virtually an appointment of the bene-
fciaries for a term of eight months. This
certainly appeals to common sense as a
correct construction of the situation. 1t
is not without the support of law. too.
In New York if not in this State. The
point was raised in what is known as the
Leroy case in New York. Tt is to be
found in Vol. las of the New York Re
ports. The Court of Appeals of tina
State. Judge Finch reading the opinion,
held that it was not competent for the
Legislature to extend an officials tenure
of Office even for a single day, such ex-
tension being in the nature of an APP
pointment and so forbidden by a Consti-
tutional provision similar in spirit to ours.
No fair7minded person can find fault
with the Democracy for resolving to test
these important points in the courts. if
the Macarthur bill shonld pass. 1t would,
indeed, be culDable not 10 do so. But
there is, in fact, only enc way to make
the test. To mandamus the Republican
police system to do their part, and then,
when the votes are counted to test the
title Of the rival officials in the courts.
There is nothing violent or subversive in
this. 1t is the legal, orderlywa y to pro-
coed. Ali the violence, in the case is on
the part of the. partisan legislative com
bination, which is striving to put an out
rageous statute on the books in viola
ton of the Constitution.
chances of the bill passing the Senate are
worse tina slim. AsiA s
THE immoral excuses to which the
New York Journals evening edition is
running in exploiting it's fake heroine,
Edith Behr, seem to call for some rebuke.
The Subscriptions sheet is not content
with representing the ugilistic, p~rofane,
foul-mouthed, perjured mink as a suffer
ing angel; it goes on to heap odium upon
the heads of the Bloy brothers. whom
she assaulted. These young men ought
to bring suit for libel with great prompti-
tude. The paper itself furnishes ample
evidence in the letters from various per-
sons, which it publishes, all filled with
abuse Of the Bloys, and thus showing
that the series of fake publications has
resulted in bringing them into considera-
BILE public hatred and contempt.
The New York Press prints the fol-
lowing
To the Legislature:-
Pass the Constitutional amendments.
Pass the Equal Taxation measure.
Pass the Railroad Commission bill.
Pass the Bicycle Baggage bill.
Confirm Governor Griggs' appointments.
And then adjourn.
Are we to understand from this that
the Press recommends the abandonment
Of the annual appropriation bill7 Does
It give the party away to the voters too
badly?
THE Constitutional amendment fake
appears to be played out.
'pne way to down the Sugar Trust,e
L-,xG. esrt.x. r-1a+