New-York tribune., 1899-02-28
SUPREME COURT DECISIONS.
A JERSEY CITY GRADE CROSSING ORDI-
NANCE SET ASIDE

A JERSEY CITY GRADE CROSSING ORDl-
NANCE SET ASIDE
Trenton. Feb - lspeciau The Supreme Court
handed down q large number OF decisions to-day.
I'm ONE 10 set aside The ordinance o. the Street and
Water Commissioners of Jersey CIty allowing The
GrscnvIl- and Hudson Railway Company 70 lay
four tracks q. grade across Communi paw-ave,
holding that the ordinance had rot been legally
enacted. because when il was passed over the veto
OF Mayor H0os one ~ the four necessary votes
was cast by colonel Robert q. Smith, who was
az the same time officer IN the United states
military service. y statute forbds members OF the
Board 10 question 70 hold any other public Office
In setting aside the ordinance the Court said that
t was not necessary 10 take into consideration the
rilnts OF thl-d parties ir connection with an act
done ih Eoo- iii.H' as Ln,Ie "elr ~ -. ii tbe
90 the case lh- ordinance was cell a. 1i ~ ~
same day that it was passed ana no WORK 1850 We e,el
undertaken under f. To proceed with the improve
mcrr viii require the passage or q ne" oruliie"0e
GREENBACKs AND CERTIFICATES TAXABLE
Justice Depue rendered decision in the case Of
The Howard Savings Institution against the Mayor
and Common Council Of Newark. holding that gold
aul silver certificates. as well as greenoacks, are
subject 20 taxation Inc bank neId thaL my ~ -
by the local authorities bur the Court pointed & Guy
AN act Of Congress. passed hVe years aso MIiCn ii
expressly includes such securities IN the 'aAaO'e
WENDELL REINsTATED
The effect Of an opinion in the case Of Lewis J.
Wendell against the Mayor and Common Council
Of Newark is that Wendell is entitled to hold the
office Of city Clerk Of Newark for lie. conditioned
upon the proper performance OF his duties. Wen
dell is q veteran Il the Civil War, and when an
effort was frs, made 10 remove him he took refuge
veterans from office for political reasons, he was
sustained 10y the courts. which decided that no
ferm of ofice is fixed for the Clty Clerk OF New
ark Then other tactics were resorted 10 py the
cfarreS y.itn derand.,e a fee OF s. Tor furnishing
..-rs H.IT rIrI b.
purchaser Of CITY bonds. and IN this action the
6rt ts Inv Justice collins says that the testimony
shows that all the CRY Clerks had been accus-
rnerts certifed and ~ cents for each certificate
under seal The only question oi proprety P9sstDle
20 raise in this case whether the iulnlSnhs 20
srccessful bidders for city bonds the evidence 70
the title 70 be made 10 them might not fairly be
not But as the City clerk had already furnished
for the bidders full set or tne documents wentst
the Court could nor see why he had not me r.sn. @
go make the reasonable charge he did when new
ones were requested But even II u be assumed 81. @
thar he should have turnshel them as par, " ~ lls
Official dury there seems 10 be not the shghtest
ground SAYS the Court. 10 find him guilty OF cor
rupton. which is the essence OF the charse.
TWO OTHER DECISIONS
The Court held 20 be- constitutional the act en-
powcring court on petition in damage cases 10
appoint q physician TO make an examination OF the
person alleged TO have been injured. and to give
testimony on the trial 10 what injuries the per
son examined was found % be suHerinB rom, ne
that t violated personal rights. The Court IN sus-
tanning tAe act. said that similar acts nae oeei
utheld In other States and that persons who 20
into court with damage suits impliedy consent TO
any investigation that may lead to the ascertain
mems of trutA. --. l., -. ,.-.1o-
The Court quasaed an Indictment by me camden
County Grand Jury against George spear, VINO
Win others was charged with transmitting by te.e-
phone Information relative 70 horseraShS 10, s,s
D., 81, selde on the ground that II did not sci out
win sufficient clearutss and certainty the onence
,,i.b y-rich spear was charged. The indictment
w." w." .h. CONT must contain description OF the
crime ~ which the defendant Is accused s, anI "a a
~ .t.,,enr of the facts by which II is constituted
a. r1rr 10 Identify the accusation. so that me nc
~1u.ed may prepare his defence. and that ne may
be enabled 10 plead previous cohN'e'ioh vi S'-
qulttal OF the same offence.