The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-11-07
POLLS OPEN TOMORROW 6 4. NJ.
POLLS CLOSE z P. N.
AGAINST The DUNN ACT.
Examiners Want the Supreme
Court to Make the Ex-
animation Harder.
Especial to .vrhe Jersey city News.,,1

TRENTON, NOV. Z, 189S.-This was
opinion day in the Supreme Court and a
large number of decisions were given. All
the members of the Court were present
excepting Justice Gummere who is still
confined to his home. by Illness.
After the decisions had been announced
Prosecutor Nelson G. DUNCAN of Somerset
appeared before the Court and on behalf
examining applicants for admission as at
torneys, presented a report recommending
that some rule be made requiring all cam
dldates coming up in the future under the
five counselor act to undergo a special ex-
animation and not be given the same ex-
aminations as students who have spent a
full term in some law office
Mr.. Dugan said tina out of a class OF
forty-three applicants for admission as
attorneys at this term. twenty-five came
up under the five counsellor act which re-
quires a certificate that the applicant has
special aptitude for the law. The action
was further prompted by the fact h
nine of the applicants failed on the writ
ten examination. For some time past the
older lawyers have been viewing with
alarm the wholesale admission of attor-
neys, and there is a general feeling among
the profession that action should be
taken looking to an abolition of the law.
HE Justice Magic announced that the
Court would consider the matter and If
thought desirable would make some rule
in regard to 1t. The Court upholds the
constitutionality of the act providing for
the creation of a District Court in At
- l. tIo& - la xr
when passed was made general enough
to apply to any city having a population
of less han 10000 inhabitants.
The Court gave the reformers in Cam
den three more set backs today by de-
claring that Thadden Varney, the old
City Clerk, was entitled to nave held the
office from March IL last to May II, during
which time it was held by Henry c..
Kramer, a reformer; that William D.
Brown was entitled to be clerk of the
Camden School Board for the same period,
which office was held during the time by
George M. Cline. and reinstates one Ho-
finger, a veteran, who was dismissed
from service in the water department. 1t
will be recalled that Varney was elected
from his office by physical force and
= Al "a ASV CNttt 10lhANt Stt
moniously by the reformers. varney and
months they should have held the re-
spective Offices.
A new trial was awarded in the case OF
Joseph Kelly, who was thrown from a
trolley car in Bayenne. The Consolidated
Traction Company was granted a non-suit
in the Hudson Court. Kelly is but twelve
years of age and got on the wrong side OF
the car and the Court below refused to
admit testimony showing that the con-
ductor was negligent in giving the signal
for the car to proceed when he knew the
boy was in danger. The application for
a writ of certiorari made by Lehman
against the Hudson County Republican
Committee to nave set aside a change
made in the constitution is dismissed.
The Court says
This was a dispute in the committee.
1t was attempted to change the Consti-
tuition and the Prosecutor alleges that
there was ir~regularity in that proceeding.
The change cannot go into effect until
it has been submitted to the county con-
~vention, under the bylaws. This court
will not interfere by eertiorari to set
aside a proceeding until the remedy
within the organization is exhausted, if
in any event 1t could do So"
The Court holds in the case of the New
Jersey Junction Railroad Company
against Jersey City wherein certain lands
been assessed by the State Board OF
Assessors and Jersey City that the taxes
assessed by the city hould be ct aside and
those imposed by the State Board are
affirmed. The tax levied against the
'Hoboken Railroad Warehouse and Steam
ship Company by the State Board of As
SCISSORS is decided to be a tax only upon
the railroad so far as it is constructed in
Hoboken. and not a tax upon the land.
The work is at present tied up with a writ,
of eertiorari.
The rule to show cause Is dismissed
in the case of Simon & Co against
Henry & co. The former claimed that
the walls of their factory in the town
Of Union We're cracked by the dynamite
blasting Of Henry Geo, who were lay
ing q sewer in the town Of Union. The
Court holds that Henry & Co. exercised
reasonable care IN the use of the ex-
plosivc and are therefore not responsible
for the damages alleged.