The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-03-23
COURT INTERYENES.
Rule for a Mandamus to
Compel the City Clerk
to Print Ballots.
JUSTICE LIPPINC0TT'S ORDER
Arguments Will Be Heard In
Trenton on Thursday-What
the Lawyers Say.

the Lawyers Say.
At late hour last night Justice job
II. Lippincott of the Supreme Court
signed rule to show cause why writ
OF mandamus should not be issued COM
manding City Clerk Michael j. O'Donnen
to receive the certificate of Edward Hoos
for nomination as Mayor of Jersey City
and provide ballots for an election to he
held on the second Tuesday in April next.
The rule was granted on the application
of Messrs. Allan L. McDermott and w.
D. Daily. counsel for Mr.. Hoos, the Demo-
cratic candidate, and reads as follows
NEW JERSEY SUPREME COURT.
The State ex rel. Edward Hoos vss
Michael j. O'Donnell
I On application for mandamus. Rule.
Upon reading and filing the afidavits
presented in the above entitled applica-
ton, 1t Is, on this twenty-second day OF
March, eighteen hundred and ninety
seven. ordered that Michael J. O'Donnell.
City Clerk of the City of Jersey City,
show cause before the Supreme Court
OF the State of New Jersey, at the State
House in the City Of Trenton, on Thurs
at the hour of ten o'clock in the fore
noon of that day. why a writ of mani
damus should not issue out of said
SOully COullLdIlQ1nS the SAID hdlclacI d.
O'Donnell as such City Clerk, to receive
and file the certificate of nomination of
the said Edward Hoos. for the office OF
distribute ballots for the election of a
Mayor of said city at an election to he
held on the second Tuesday in April
eighteen hundred and ninety-seyen:
JOB H. sLIPPINCOTT,
J. S. G.
Justices Garrison and Gummere will
hear the arguments on Thursday.
The City Clerk will be represented by
Counsellor John Griffin, and Mr.. SpenceF
Weart, Corporation Attorney, will look af-
ter the city's interests. Mr.. McDermott.
with Senator Daily, will be counsel for
Mr.. Hoos.
The application for the rule was the
result of the City Clerks refusal to re-
cefve Mr.. Hoos' certificate or print and
provide ballots on the ground that the
LEGISLATURE had passed, and the Governor
had signed, the bill abolishiRg the spRing
elections Messrs. McDermott and Daily
contend that the act is unconstitutional,
and on this plane will the fight be made
on Tuesday In the Supreme Court.
THE act is clearly unconstitutional"
said Mr.. McDermott to News re-
porter, land am convinced that after
| hearing arguments the Courts will order
| the City Clerk to proceed with the spring
elections. This act is the worst piece of
| legislation passed in many years"
There is some doubt that the Supreme
Court will not have time in which to
give its opinion before the time for the
election is past, but the lawyers say that
| the case will take precedence OF others
by reason of It's peculiar nature, and
| there is plenty of time for decision.
AS to the result of the decision many
Republicans say that the Bewfg case of
| Hoboken will shape the Court in its opin-
| ion. That case is as follows
At the spring election in Hoboken n
| year ago City Clerk Martin ". McDer-
mott rejected petition presented by
| Captain Al gust Bewig, who was an as
pirant for Councilman in the First ward.
Mr.. Bewig was nominated on an inde-
pendent ticket. When his petition was
handed in City Clerk McDermott refused
| to print the ballots on the grounds that
| the other candidates mentioned had not
given their signatures of acceptance, on
| the petition. The only candidate who
had signed the petition was Mr.. Bewig.
| The law requires each candidate to give
\
ticket can be voted at the polls.
| Mr. Rewig disnuted Mr.. McDermott.s
r;ebt to ratect his netition and he bro,,p,t
nts casa into the co,rts His counsel was
AR Auan T, McDermott Ex-Senator
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Many Republicans this morning wanted
| the county Doalu - eeli gu eiie esis.ls,
but Secretary Coyae refused, decia1sns 1nat