The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-10-27
STILL UNDECIDED.
Justice Lippincott Refuses
to Settle the Labor So
cialistio Middle.

Justice Iippincott handed down his
decision this morning in the controversy
between the Kraft and Jacob factions of
the wrangIing Socialist Labor Union
party Lawyer George j McEwan. rep
resenting the Kraft faction, had applied
for rule to show cause why the County
Clerks decision recognizing the Jacob
faction should not be set aside and an
order made requiring to provide the Kraft
faction with official ballots. Justice Lip
pincott said he had reached the conclusion
that no order should be made in the mat
ter by Justice of the Supreme Court
and therefore the application was denied.
He said he had found many difficulties
and contradictions in Section 46. In his
decision the Justice said
Under the 40th section Of the act of
1898, standing alone, I am clear that ]
have no jurisdiction to determine whether
the County Clerk has performed his du-
ties under this section or to make any
order thereon. If I have any jurisdiction
at all to interfere it exists under section
46. Under this latter section there is no
Jurisdiction conferred upon the Justice
the authority of any court. The statute
it refers to the Justice of the Supreme
Court, and the designation under this
section so far as power is concerned,
might just as well have been of SUI
preme Court Commissioner, a Master in
Chancery, or any other person under any
appointment whatever might say as a
suggestion that 1t is a serious question
whether section 46 is not so imperfect and
incomplete with respect to the power con-
ferred upon the Justice of the Supreme
Court as a person designated to decide
the controversies arising hereunder as to
render its provisions entirely nugatory.
It seems to me that this section is In
congruous with our frame of popular gov
ernment that any person not in curia
should be possessed of the power to de-
termine which faction of political party
represents the regular party, and also
upon the question of what names should
be given to either faction or to different
factions each nominating according to
its different forms and claiming to be reg
ular. or what ticket should be printed,
and what names of the candidates should
be printed thereon.
'T shall not attempt to determine which
Of the parties to this proceeding now be-
fore me represents the Socialist Labor
Party I think, under the circumstances
of this matter and by the fair construc-
ton of section 46, 1 am not empowered
or required to do so. My conclusion is
that this matter is not here in a shape
which allows me to determine 1t or to
determine whether the certificate Of nonl-
nation which is here contested is the
ha tn ma
of the Socialist Labor Party or not. I
am not at all answerable for the defects
or the imperfections of the statute I
only look to see whether ! have power
IN any given case to determine the ques-
tion presented to make order therein upon
the County Clerk.
81 may also say that I do not believe
that I have the right to exercise any
powers or to determine any matters un-
less such power is expressly conferred by
this section. / do not think that there
are any implied powers conferred or in
tended to be conferred"
1.-THE certificate of nomination here on
this proceeding assailed was filed in the
Office of the County Clerk on August z,
| 1899. No objection to 1t nor anything
which could be considered as an objection
to it has ever been filed with the County
Clerk In some shape or other, the OBJ
lection necessary, in order to give the
Justice jurisdiction must be In writing
and must be filed with the County Clerk.
Consequently the Justice of the Supreme
Court has no jurisdiction whatever to
make any order whatever in the premises.
because of the want of this objection 70,
and fled with the County Clerk.
In every case in which have assumed
to determine any matter arising in rela-
tion to nominations there has been an
objection duly filed under this section to
the certificate or petition of nominations.
think in some matters there has existed
no question upon this subject by arrange
rneht of parties. but in every matter. so
far as my memory now serves me, have
been careful to see that the jurisdiction
was conferred upon the justice of the SUI
preme Court by reason of an objection
having been filed with the County Clerk
under section 46 of the act and a deter
mination by the County Clerk in some
form or other made, before proceedings
could be a matter of consideration by the