New-York tribune., 1900-01-20
TO VOTE on THE WATER CONTRACT
MAYOR HOOs FIXES FEBRUARY 1s FOR THE
LECTION-VALIDITY OF THE ACT OF
APRIL / 1896 QUESTIONED.

Mayor Hoos Of Jersey City issued the proclama-
ton yesterday for the special election on February
g. when the voters will accept or reject the propo-
stion TO purchase the 500000O0 gallon water plant
The election will be held under the law Of April
l. 1895. which Corporation Counsel McDermott holds
10 be constitutional though he has not supplied
the Mayor with any brief showing how he has
reached such an opinion. on the other hand. Leb
beus B. Ward attacks the act in the following
letter:
of 1885. which provides for the submission TO
to purchase waterworks. together with the issuing
of 2onos OF me city roI tnaL PuTposeLLhs& & opeTs
i in the nature OF special legislation affecting the
Single point Of the pToPTiey Of the classification
Of cities for this purpose on the basis Of population
A valid election cannot be held under an act OF
the Legislature which is itself invalid because local
The opinion of the Court Of Errors in the Trenton
recently printed in The Evening Journal holds
reasonable relation 10 the subject matter Of the
only when such legislation deals with the structure
or machinery OF municipal government" This is
reiteraJiOn OF the conclusion reached the same
court in Wanser agt- Hoos decided in 1897 (3S Att
The opinion Of the Court delivered by Judge
Depuee IN that case reviews all the decisions pre-
been favorable 70 the constitutonahty Of discrim-
The results Of that examination are thus summed
4
classification the ratio OF population were sIs-
tatued such legislative acts were directed
immediately to the structure of the municipality
itself or TO the machinery OF municipal govern
ment'
Judge Gummere in the opinion already cited saws:
"Ihe purchase. construction and maintenance OF
school property by a municipality has no rela-
uon whatever to the governmental apparatus OF
such municipality. and classification on the basis
or populatio for such purpose is entirely with
out legal Justification This statement would be
equally true II Il read waterworks property in
stead OF school property.
That the power to Issue bonds and to provide for
the rundIng of special debts may not be conferred
by legislation based upon nothing more pertinent
than population seems TO have been expressly de-
cided IN Anderson agt. City OF Trenton C42 y !
Law. 4S5)- In the opinion delivered in that cas-
MI Justice Dixon says: Il am unable 10 see any
natural connection between the number Of peoDia
IN city and its right 10 fund its floating debt
4he decisions IN Wanser agt. HOOs and in Auder-
son agt. Trenton We're expressly followed By the
supreme Court in Foley agt City OF Hoboken
(3S Atl Rep, SD decided December 1887 In that
case an act comforting certain powers upon cit
les or the second class held 70 be special legfs
latiOn - '07'
The rule adopted by the Court OF Errors for itz
guidance and Incorporated in the syllabus 10 Wan
ser agt HOOs. is that when Law in terms Is n
operate only IN specified localities Of the state sat
lSractory reasons must be found 10 exclude III from
the constitutional prohibition against local laws