The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-03-12
DECISION At ONCE
Constitutionality Of Anti
Spring Election Law
Argued Yesterday.
CAMDEN BEFORE SUPREME COURT
Ruling Will Probably Be Made
Today and Court of Ap-
peals Will Then Take It.
CAMDEN BEFORE SUPREME COURT
Especial to ..rhe Jersey city News."l

Especial to 'aThe Jersey City News."1
TRENTON, March Il, 1901.--A decision
as to the constitutionality of the anti
spring election law will likely be given by
the Supreme Court tomorrow. Justice
Van Sickel. Garrison and Garretson, sit
ting as the main branch of the Supreme
Court, heard argument yesterday on the
order granted Saturday and directing the
Camden City Clerk to show cause why
preliminary writ OF mandamus should
not issue to force him to proceed with ar
rangements for holding an election today.
John j. Crandall, representing William
E. Hancock and James Godfrey, the
Democratic petitioners in the action, was
allowed by the court to present brief
and argument in favor of the issuance of
a peremptory mandamus and after hear
ing him Justice Van Sickel who presided
announced that a decision might be given
Wednesday in order that the case could
be taken to the Court of Errors and Ap-
peals during the present term.
County Prosecutor Frank T. Lloyd
City Attorney Bleakly and Henry NJ.
Snyder of Camden were on hand to de-
fend the law and the City Clerk refusal
to prepare for the election. Senator
Thomas N. McCarter of Newark announc-
ed that he was present il the interests of
the City Clerk of Newark and also repre-
sented Jersey City people who want the
Meeker law to stand
Mr.. Snyder urged that whatever action
was taken by the court nothing should be
done to compel the holding of Camden's
election today, as it would be a physical
impossibility to get ready for such an
election. The law abolishing the election
was passed February 27, he maintained.
but it's opponents had taken no steps until
Saturday to compel an election or contest
the act. No harm would be done to any
one by not having the election, as under
any circumstances the present city Off
cials would hold over until their success
ors were elected or appointed. The city
clerk had obeyed the law, and should not
be placed in a difficult position because
of that fact
In explaining his connection with the
case, Senator McCarter said that Jersey
City was ignoring the Meeker act and
preparing for an election in April, while
in Newark nothing was being done pre-
liminary to an election. He urged that a
decision should be given as early as pos
sible. so that the case might be carried
TO the Court of Errors and Appeals at the
present term.
Il don't expect, of course, that the
court will pass upon the constitutionality
of the act today remarked the Senator.
'sWhy not?" asked Justice Garretson.
well, I didn't suppose the court would
want to give a hasty judgment in mat
ter of such Importance" explained Mr..
McCarter.
Mr.. Crandall urged immediate action,
and insisted there was no reason why an
election should rot be held in Camden to-
day.
''This is all political game,'' declared
the Camden lawyer. 81 believe the tick
cts are already printed for the election,
but I am not in the secret and can't show
it up. There is no physical impossbility
about getting ready for the election. All
they have got to do is to hire lot of
carpenters to put up the booths and set
the printers to work This is a plain
case. The court is all ready for it, and
there is no reason for delay. Camden
wants a peremptory mandamus to compel
the clerk to print tickets. The court has
issued a rule to show cause. and we now
come to the point of judgment.
.This new rule is only part of the
Legislatures antics,'' continued Mr..
Crandall. "The county clerk Simply has
not performed his duty, and his only ex-
cuse is a senseless statute that encumbers
the records of the State
Justice Van Syckel announced that the
court was willing to hear argument, but
he didn't think the justices would decide
in one day to set aside an act of the Leg
islature.
Mr.. Crandall submitted list of the
communities that are affected by the
Meeker act and also of those that are not
and declared that the law was the great
est blow ever dealt at the constitutional
provision against special legislation.
This can be decided as well in five
minutes as in five years" declared the
Camden man. tThe courts has threshed
the matter over so thoroughly that there
IS nothing to hesitate about. When Moses
struck the rock the water gushed forth
Immediately. This, think, is so plain
that it should be visible to the court i'm
mediately.''
Lavallette City, with twenty one inhab-
itants, and amenable to the law, and
West Hoboken, town with over 10000
population, which is not affected by the
law were referred to by Mr.. Crandall as
exhibiting the grotesque features of the
law BY making boroughs of places with
a population of from five to 50,000 and
cities from one to 100000 population, it
would be possible, If the Meeker law al
lowing for distinction between such clas-
sihcations was upheld, to provide diff
erent scheme Of government for each
class. az utterly destroy the uniformity
that w4s neces ary to preserve the con-
stitution.
Justice Garretson pointed out that the
courts were deprived of jurisdiction te
pass upon the CLASSIFICATION of municipaH-
ties where the classification was recog-
nized by the constitution.
In answer to question of Justice Var
Syckel. as to whether he questioned this
constitutionality of the borough law, Mr.
Crandall replied that he did not but sim
ply wanted to show the possible results
Of allowing different schemes of govern
x,,arz4 ~, ise established in different rIasses