The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-06-28
EXCISE TEST.
Argument Yesterday on
Special Legislation Of
Last Winter.
.M'DERMOTTs STRONG PLEA
Congressman Cites Previous
Election Laws to Show
Effect Of G. o. P.
Scheme.
STRONG P LEA

Allan Z. McDermott of Jersey City assam
ed the action of the last Legislature in an
arGumant before. the Court of Errors and
| Appeals yesterday, attacking the constf-
tutionality of the act by which the Re-
publicans sought to secure representation
on the Excise Board of Jersey City. BY
this act. whose viciousness has been at
tackled from end to end of the State, the
Republicans attempted to establish excise
boards in Jersey City and Newark of four
members, only two of whom should be
voted for by citizens. The effect of this
act which was whipped through both
Houses by the Republican leaders, would
be to take the selection of the Board out
of the hands of the people and leaving
the choice to the party primaries.
The power to grant licenses in Jersey
City is now vested in the Board of Alder
men, subject to the approval of the Mayor
the license year beginning July l. The act
of last winter provides that on and after
January 1, 1902, licenses shall be GRANTED
by the Excise Board, for which the act
makes provision.
The Jersey City authorities decided to
ignore the act and resolved to grant Ii
censes for the year beginning July L,
1901, and that no application for a license
would be considered unless accompanied
by deposit Of the full amount of the an
nual license fee.
tackled this resolution, and Samuel d.
Dickinson, the Republican leader, joined
in the suit. A pro forma Judgment was
entered in the Supreme Court sustaining
the act of last winter.
Mr.. McDermot appeared for Jersey City
and in the course of his argument against
the act said
1.-THE act of 1901 seeks to engraft upon
the elective system of New Jersey what
is known as minority representation.
The tyranny of the majority has been de-
nounced in prose and poem. and if the
act under review is allowable New Jer-
sey may become an experimental station
toward which the eyes of the world will
be directed.
1.-THE Legislature may allow the farm
ers, the manufacturers and the mer-
chants to have representation, according
to their numbers. while ballot devoted
exclusively to the owners of real estate
| would have good claim to be, in part,
sure of success at the polls"
Following this sarcastic sally, Mr.. Nc
Dermot discussed at length the constitu-
tions of other States, containing express
sions on the right to vote. Only six of
them, ne found, contained a provision
similar to that adopted in New Jersey.
Prior to 1874 a Jerseyman could not
vote for members of the Legislature un-
less he was worth fifty pounds, but he
could vote for township officers if he
rented tenement of the yearly value
of s5
The convention of 1874, Mr.. McDermott
said, presented two great reforms, abol-
ishing the religious test and property
qualifications as essential to right to
vote Together with this came the re-
claration that every (whitel male cfti-
zen should be entitled to vote for all
officers which then or thereafter might be
elective by the people. These two sec
tions Mr. McDermott contended secure
to the citizens of New Jersey certain
rights that are absolutely beyond legisla-
tive subtraction.
"The act of 1907 he continued, PRO
vides that the excise commissioners shall
be elected at large in each city. Here the
Constitution intervenes. If the commits
sioners are to be elected every qualified
citizen is entitled to vote for every COM
missioner to be elected. Legislation could
no more say that each elector could vote
for only two or four commissioners than
it could say that the persons receiving
the lowest number of votes should be
chosen. The Constitution means not only
that every qualified voter may vote for
every officer to be elected, but that the
candidate receiving the largest vote shall
be elected
Mr.. McDermott quoted from opinions
of the late Chief Justice Beasley and
Chief Justice Depue in support of his ar
gument ana in closing his case said in
part:
1T may be that non-partisan govern
ment would be cure for all civic Ills,
or that minority representation would
prove municipal blessing, but it is to be
noted that in all the attempts to reform
the constitution of New Jersey none has
included the proposition to take from the
people the right to elect by voting for
every office to be filed by popular elec-
ton
when the people desire to surrender
this right they will do so, but until thar
day the constitution says to those who
would elect by the voice of the minority:
Draw not hither; put off thy shoes from.
thy feet for the place whereon thou
standest is holy ground .
James B. Vredenburgh representing
Colonel Samuel ID. Dickinson, made a
brief argument in reply to Mr.. AIeDer-
mott counsa1 for McArdle. submitted his
case on brief.
MIR. yredenburgh made the following
contentious: That those parts of the act
Of 1901 which take from the Mayor and
Aldermen Of Jersey City the power to
pass the resolution in question are con-
stitutiona1; that the act is not local and
special, regulating the internal affairs of
towns and counties; that The act does
not violate article 2 of the constitution.
Mr.. yrdenburgh argued that liquor in
its nature. was dangerous to the morals,
good order, health and safety Of the peo-
Pile; that the police power Of the State
was fully competent to regulate the bust
ness or to suppress it entirely, and that
in the State the Legislature possessed this
power.
Assuming these facts to be true he
contended that The manner and extent