New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-03-28
NW;JRS!H NFN\
~ 80 ~
rur 4yTI-SPRTNG ELECTIONS ACT.
.pauMENT ON ITS coNsT1TUTIoNAL1TY
BEFORE TWO JUSTICES OF THE
sr-PREME COURT.

SUPREME COURT.
.o, March e Observation-Disclosures 0ummere
Garrison to-day heard argument on the con-
,,,,Oual.ty OF the Anti-Spring Elections act.
,sssed the Legislature few days ago. The
ras brought on by an application for q rule
law cause why q mandamus should not be
w NJ the relation Of Edward Hoos. OF Jersey
~v commanding City Clerk Michael J. ODonnol
,rs,a-e booths ballots. etc. for the election Of
yavo- for that city April lS next. Mr.. Hoos.
=, relator would IKE to head the Democratic
municipal ticket Allen L. McDermott. Senator
N n Daily ana Counsellor John Griffin represented
NJ uoos. while City Clerk ODonnens interests
rare cared FOR by Charles L. Corbn and Spencer
vsart Jersey City. and c. w. Riker. OF Newark.
N,,or Carl Lentz contending for the castitutonal-
,,v Of the law. Mr.. McDermott made The argument
Gov the relator. opening with the assurance to the
Court that there politics in the case. He
o,,,ended that. under the Consolidation Elections
act elections could not be held In Jersey City and
Newark because OF q serious defect in the pre-
.cription regulating the elections. unless the act
4. construed TO repeal the Ealot-Reform law In 30
far as I; applies 10 cities having population OF
more than 10000 Mr. McDermott entered upon
minute description OF the procedure. from the pri
mary elections up the printing OF the ballot IN
municipal elections, to show that the counties nj
large would have 10 pay for the ballots used IN tho
city elections. and that municipal clerks are pro-
hbited by law from printing the official ballot and
certifying 10 the nomination OF candida ties for ONCE
He also insisted that the act was unconstitu-
tioral because it special. and likewise because
its title not sufficiently explicit 70 satisfy The
law His strong points were against the method
OF classification by population. and the defectve-
ness or the registration laws and the election ma
chineTy where election precincts We're consolidated
when any attempt IS made TO apply them under
the Anti-Spring Election act. Corporation Attorney
Weart pointed out that the extension OF the term
o, TIRE Mayor Of Jersey City affected no ofhcial ap-
pointed by the city executive except those whose
Terms expired or before the first Monday IN May:
He held that the Legislature had ample power 10
regulate municipal affairs. and rdiculed me propo-
siioa that the election machinery was inappNcapIe
10 the consolidation OF the spring and fan elections
TIE title. he argued, was as explicit as couio De.
The Republican party had recognized the Jaw, as
ever statute is presumed TO be constitutional I'M
M legally declared otherwise. and they mad made
no effort toward preparing for the spring eiection
N jersey City Therefore, the issuance OF the
mardarus would leave the opponents practically
a. uncontested field. :, 49,
Mr. Weart argued al length 10 show the new law
70 be general one, and insisted that all us pro
visions met the constitutional requirements. MY.
Corbin replied 10 Mr. McDermotts argument IN a
similar vein quoting copiously from decisions bear.
ing upon similar issues. The necessity OF an carry
decision was urged upon the Court. i Is expected
mat a determination will be reached early next
week