The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-03-16
FAGAN'S BLUFF.
City Treasurer Smith Not a
Bit Scared by Hob o.
ken'S First Person
Singular.
ASPHALT AND POLITICS
How the Constitutional Whip
Night Be Made a Lash for
the Mayors Own Back.

Mayor Pagan, of Hoboken, has not
made any further effort to GUST CITY
Treasurer James Smith from office, until
Corporation Attorney James F. Minturn
renders a legal opinion to the Board OF
Council, whether or not the term OF the
Treasurer expires May l.
1t is understood that Mr.. Minturn Will
instruct the Council that the law under
which the term of office of the CITY
Treasurer was extended from two to nve
five years is unconstitutional and Will
suggest that the Council begin proceed
ingsS in the Supreme Court to contest the
constitutionality of the law.
Corporation Attorney Minturn was "out
of town. yesterday and is not expected
to return until the latter part of the
week. He will not submit his opinion TO
the Council until the meeting night,
March 80.
CITY Clerk Martin v. McDermott denied
Yesterday the report that Mayor Pagan
had requested him to advertise Tor .ne
election. of a City Treasurer at the cnaf-
ter election on April Il. He stated tnal
he had already issued his election procla-
nation. and that as far as he knew no
vacancy existed in the office OF Clty
Treasurer and therefore he did not
advertise it. -
He said he did not intend to inter-
fere in the fight between Mayor Pagan anu
City Treasurer Smith, and would not pe
used as a catspaw by anybody. he aiSo
said he would not order an elecllon lor
City Treasurer unless directed to 90 SO ny
Judge Lippincott.
CITY Clerk McDermott is placed in a pc
culiar position owing to the night between
Mayor Pagan and Treasurer Smith. He
has known both men Tor many gtdIS
and has been considered their trleno.
While the Mayor is confident that NC
Dermott will decide TO advertise the elecs
ton of a City Treasurer, the lrlenas u
Treasurer Smith are equally contiaent
that he will not undertake sucn a rlsh.
Treasurer Smiths friends threaten 10
make it warm for McDermott II ne az
tempts to carry out the Mayors alleged
instructions, and even go so lar as u
threaten him with Indictment 80
what steps, if any. he had taken 70 oust
Treasurer Smith from office, replled-
sIhaven't done anything yet. put may
later on. 1 claim the City Treasurer-s
term expires May /, and that a new
election. because the aw under Whlcn
the term of the present treasurer was
extended from two to hve years IS uicoh-
stitutional. That is my contention.
civ Treasurer Smith said that the
Mayors contention was absurd.
1.-THE Mayor claims that the law u y
or class legislation, which the supreme
Court decided in the case OF the McA Leaf
thur act was ~ne ems Wavor's confen-
4inn is ridic1Ilous. and he is being badly
advised by his supposed friends; pro-
pose 10 retain the office until the suprenae
Tonrt decides that the term extender law
is unconstitutional. l will then seek re-
election and 1 feel confident that the PEG
pie will ~re-elect ms as have Taltnluls
performed the duties of my once.
81 propose to retain my once, eoh-
4inued Treasurer Smith, notwithstanding
the Corporation Attorneys rumoreo opih-
l. IN n a r A n
term extender law. 1t will take aDout
two years before a final decision is
reached in the courts.
TT looks to me as If this was only spite
work on the Mayors part. l served two
years when I was first elected ana pnen
served a ive-year term. The mayor
never questioned the legality OF the Jaw
which extended my term until receltl5,
when l opposed the obnoxious asphall
legislation which he fathered- l served
two years of my present term ana nave
denly occurred to the Mayor, for reasons
best known to himself, that the law
which extended my term was unconsti-
t~utionai and for that reason ne is no"
seeking to turn me out of office.
What would the Mayor say If l ques-
toned the constitutionality of the law
which extended the term of Mayor from
one to two years; the law which IN
creased the Mayors salary from 1920 to
81. 400 per annum; the increase OF the
police department from fifty to seventy
men. the creation OF commissioners ol
Assessment of Taxes, who were appointed
by Mayor Pagan; the creation of the
Board of Commissioners of Public In
structiOn, who We're appointed by Mayor
Pagan; the creation of the Fire Depart
ment; the law extending the term of
the City Clerk, Street Commissioners and
Poormaster.
81 don't think the Mayor would like it
very much if l undertook to question the
constitutionality of the law in these in
stances. If the law which extended my
term from two to five years is uncon-
stitutional, then the law which created
these various Offices and term extensions
that which increased the Mayors salary
are also unconstitutional.
81 hold the upper hand in the light.
When Mayor Pagan attempts to question
the legality of the law under which | hold
Office / can retaliate by questioning the
legality of the law under which his pet
office holders are now holding office. AS
City Treasurer / could refuse to pay these
Office holders their monthly warrants until
the legality of the law under which they
were appointed was decided by the
Supreme Court.
Il am not making any threats, but
merely wish to show what / could do II
/ was forced. If the Mayor desires to
force an issue / am prepared
City Treasurer Smith is confident that
Mayor Pagan will make no further effort
TO GUST him. He thinks the Mayor is
bIuffing to brighten him and force him
to withdraw in his fight against the
pending in the Legislature.