The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-08-18
NEWARK TAX RECEIVER
Officials Are in Doubt as to
the Rightful Occupant
Of the Chair.
Nspeclal 70 "The jersey CITY News..'l

Especial to THE Jersey City News'l
NEWARK, Aug. Is, 1900-Though no de-
cision has yet been filed in the suit
brought by Edward H. Uffert to oust DIR.
A. G. Vogt from the tax receivership,
local Republican leaders have not lost
faith in the rumors spread a few days ago
that Mr. Uffert's title to the Office would
soon be made good. The report that a
decision would soon be announced gained
currency at the time Mr. Uffert arrived
home from his European trip. Then those
who were predicting the outcome of the
suit were sanguine that Mr.. Uffert would
win.
As the days roll by, however, Republi-
cans. and even Democrats, who are in
terested in the controversy, are beginning
to grow skeptical about the value of the
earlier reports for it is intimated that
the decision, if favorable, would have been
filed before this. That there might have
been misunderstanding of the facts or
that a false alarm was sounded, was sug-
gested to a man who has been credited
with having heard something definite
about the case He said:-
Perhaps it was only false alarm, but
I'm inclined to think not, as the informa-
sion, however, that the publication of the
story may possibly have had something to
do with delaying the decision
Senator McCarter Mr.. Uffert's counsel,
has gone out of town. to be away until
September l. Before leaving he said he
had not heard anything about the decision
and had not the slightest intimation as to
when it would be fled
A nay v,ho hoe
versy by the raising of the question of
Mr.. Uffert's title to the office under the
provisions of the city laws, even though
the Supreme Court should decide the
questions at issue in the court in his
favor
Mr.. Uffert was appointed by the major
ity of the present Common Council on
Monday, May Z, and the next day Mr.
Vogt secured a writ of certiorari, which
acted as a stay, and sent the Common
Councils action to the Supreme Court for
review. In the mean time no attempt was
made by the appointee to qualify for the
office by fling the required bonds and
taking the prescribed oath, as Mr.. Uffert
desired to go abroad and, as he knew the
fight would be made. he was content to
let counsel conduct his battle while he
was on the outside.
There is a provision in the city charter,
however. which fixes a time limit within
which persons elected or appointed to
Office must qualify or forfeit their claims
to the office. Chapter two of the revised
city ordinance relates to s'city officers
generally and after designating the
amount Of bonds required of a tax re-
ceiver as well as other officers, it says
'sAnd such officers shall execute such
bonds respectively before they enter upon
the discharge of the duties of their said
Offices respectively, and if any officer
shall neglect to execute the bonds herein
required of him, within twenty days after
the date of his election, appointment, or
of the confirmation of such appointment
by the Common Council, if such appoint
ment be made by the Mayor, his Office
shall be declared vacant by the Common
Council.''
In Mr.. Uffert's case no bond has yet
been executed, and though more than five
times twenty days have passed since the
appointment was made the injunction that
the office s'shan be declared vacant by the
Common Council has not been carried
out 1t is generally admitted by those
VINO discuss the situation that matters
are somewhat complicated and the claim
is made that in the event of Mr.. Uffert
winning in the courts he would have to be
reappointed by Common Council before
he could take the office.
The situation as it stands is that Mr..
Uffert neglected to qualify within the
specified time, and the council has not
taken official cognizance of that fact.
What effect the writ of certiorari might
have in the unravelling of the tangle is
question for the city law department to
decide, and as the matter has not reached
the point where the issue has to be met
no opinions on the subject have been
volunteered. Meanwhile, all those inter-
ested are kept guessing as to when the
Supreme Court will give its decision, and
speculating what that decision will be-