New-York tribune., 1900-01-23
NEW-JERSEY NEWS.
LAW HELD TO BE INVALID
THE ACT ABOLIsHING THE ENGROssING
DEPARTMENT UNCONSTITUTIONAL.

MCARTER's BILL FOR THE ABOLITION OF GRADE
CROSSINGS -sCHENcK APPOINTED JUDGE
FOR SOMERSET COUNTY.
Trenton Jan. p (speciaD-The legislature ad-
iourned early tonight out OF respect to the mem
ory of ex-Attorney-GeneraI John P Stockton. who
died in New-York to-day IN the House con-
current resolution offered by Mr.. wakeIee. the He
publican leader was adopted By rising vote. pro-
viding for adjournment until tomorrow morning
and the appointment Of committee consisting OF
two Senators and three Assemblynen 70 draft ap-
propriate resolutions. Speaker Jones appointed as
the House committee Messrs- Wakelee, Dexheimer
and Albeit. The Senate had adjourned before this
resolution reached the chamber.
A mild sensation was created before the adjourn
ment by spreading OF the news that Attorney
General Grey's opinion was ready for submission
TO the Legislature touching the constitutiOuaty OF
last winters law creating the Office OF Supervisor
OF Bills, and that he had decided that the act IS
unconstitutional and therefore void The opinion
will be presented TO the House tomorrow. II
under the law in question that Governor voorhees,
appointed Jesse r, Salmon. OF Essex County, as
Supervisor Of Bills The act abolished the engross-
ing department OF the Legislature, and provided
official copies Of the bills should be printed
instead Of written The supervision OF these printed
bills for both houses conferred upon the Super
visor OF Bills
THE ATTORNEY- GENERALS REASONS
In his opinion il the matter Of the Supervisor
Of Bills the Attorney General among other things
says:
The Constitution article ". Section . declares
that each house shall choose its own officers de-
rGaInbeTs for izordtrIv cen5Ucf and with the
viii be seen that all OF these powers are OF equal
conceive of the exercise Of any OF these powers by
each house, If any or all Of them is or are pos
the supreme law, and the Legislature can exercise
power. such. which is conferred upon each
house separately. and not upon both houses as a
Legislature. The provisions OF the Constitution
Legislature whose acts are void whenever they
transcSnd 6ne llIniTs PRESCRIBED by the Sonst5L1 @
succeeding Legislature OF the powers which II pos
sesses-
Where the Constitution prescribes the manner in
which an otrcer shall be appointed or elected the
not competent for the Legislature 10 provide any
The necessity that Aecb houss. sbOHId retain
and exclusively exercise the power 10 choose it's
functions as one of The se{z7afiI-a hc{iaa IN the
opnio1 Of leaned II ide ere are csrtaf5 mat
ters which each house determines for itself and in
chooses its own officers. except where BY Constitu-
ton or statute II Is otherwise provided. II de-
upon the election and qualification OF its own mem
It would seem quite clear from the provision IN
the CONSTITUTION Of New-Jersey and the authorities
house in view of the organic Law Of the state
which confers upon each house the power 10
choose its own officers
EXTRAORDINARY POWERS CONFERRED
The act Of 1899 is an attempt to provide an Of
hcer with equal power in each House. whose duties
upon the engrossing clerks. But the act goes fur-
ther- II attempts 70 confer upon the Supervisor OF
Bills the power 10 receive examine and correct all
bills and resolutions introduced at each session OF
the legislature And the very extra ordinary ad-
ditional power. when bills are passed 10 a third
Amendment or auandrnents thereto 70 Te+srrrT1a
that they are in all respects correct for reprint
1t viii be seen that this act s an attempt to con-
fer upon the Supervisor Of Bills an office utterly
unknown to the Constitution. and in my iudg-
ment incapable Of creation under the Constitution
stance any bin which NAV be presented for leg
isattve action, but the power, which seems 10 Be
any power upon him 10 examine" all bills or
resolutions on ~ their a third IeadiPg with their
all respects correct for reprinting. The power %
lature TO any one
THE CONSTITUTION EXPLICIT.
o An0theE objection to the he act act upon GoPsttgtl2aa @
to confer upon the Governor the power to select
an of1Ger the choice OF whom IS conferred upon
OF the Constitution is quite explicit IN the division
Iegisiatfva executive and judicial daoar1r1a--s
and It Is expressly declared that no person
persons belonging TO or constituting one Of those
depair5ments shan exercise The powers beongtng
seeks TO confer upon the Governor OF the State a
power clearly legislative which Is vested as here
the Legissture # the gisature can confer 5 upon
the Governor the power 70 appoint supervisor OF
the houses II can make provision for some execu-
officer exercise the functions Of each OF the
officers Of each House.
There is no likelihood that the Legislature will
go back TO the old system OF engrossing the bills
Mr.. Salmon will probably be made engrossing clerk
OF the Senate until this matter IS Strengthened out
and a bill win probably be passed substituting
printed bills for written and providing for a
Supervisor OF Bills for each House
NOMINATIONS CONFIRMED.
The Senate IN executive session confirmed the
following nominations made by the Governor:
Supervisor OF State Prison. Edward J. Anderson
Commissioner OF Banking and Insurance, William
President Judge OF the Essex County courts. J.
Trustees of the Industrial school for Girls
These nominations sent in by the Governor were
referred:
President Judge OF the Somerset County courts.
Prosecutor. of the Pleas for Somerset County.
Prosecutor for Salem County J. Farman sinnick-
son
BILL To ABOLISH GRADE CROSSINGS.
Senator NIcCarter introduced his bill providing
for the abolition OF grade crossings Jersey City
and Newark. The bill is elaborate. and covers the
matter with considerable detail. II provides that
a city may by petition apply to the Supreme Court
to appoint commissioners ten days r.otice OF the
application having been given the railroad com
pany- The Court Is then to designate three com
mi ssioners. one of whom az least shall be a resi-
dent. and these commissioners shall decide which
II of the crossings ought to be abolished. re-
located otherwise changed The commissioners
fected what streets shall be opened or closed
what land or Other property shall be taken, within
what time the work IL 10 be completed. and which
party shall DO the work