The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-03-13
WRIT DENIED
Proceedings in the Election
Mandamus Rule in
Trenton Today
WRIT TO COURT OF ERRORS
Kalisch's Sharp Move In the
Hearing = Camden Case
Takes Same Course.

Especial to 1.-The Jersey City News.'o
TRENTON, March 13, 1901.-Supreme
Court Justice A. L. Garretson. setting IN
the branch of the Supreme Court here,
this morning discussed the rule to show
cause why a writ of mandamus should
not issue to compel the holding of the
spring election. A judgment pro forma
was entered and a writ at once sued out
to the Court of Errors and Appeals
which body will sit on Monday next to
hear the appeal.
The suit is technically that of Cornelius
V. Boorum, member of the Board OF
Registry and Elections, in the Fifth dis
trict of the Fourth ward of the city OF
Newark, VS.. James F. Connolly, clerk of
the city of Newark, to compel the latter
to issue the necessary poll books, etc, for
the holding of an election. The rule to
show cause was granted a few days ago
and returnable this morning.
On the bench in the Court of Chancery
where the hearing took place, the Court
of Errors being in session across the way,
there were justices Van Syckel, Charles
Garrison and A Q. Garretson. Repro
senting Boorum was Lawyer Kalisch, half
hidden behind huge bench of violets,
which he wore in his coat; and Senator
Thomas N. McCarter, Jr., of Essex, rep
resenting Newark's City Clerk.
A score of curious people were in the
room, among whom were E. w. Woolley,
chairman of the Hudson County Republic
can County Committee; his henchman,
Edward T. MITCHELL; Col e. L. Price,
Chairman of the Essex County Democrat
lc Committee; Lawyer J. j. Crandall, rep
resenting the Democrats of Camden, and
lawyer for Elizabeth Democrats, both
of whom had similar suits.
Senator McCarter, in opening the mat
ter, said that he would prefer the argu-
ment shouldn't take place today because
he wasn't ready He suggested that some
arrangements might be made by which
the matter should be taken at once to
the Court of Errors
Lawyer Kalisch said he didn't object
provided it was heard before that body
as speedily as possible
Justice Van Syckel, interposing read
the practice in relation to the issuance
of the writ of mandamus, and pointed out
that if counsel should agree one of the
court could sit and hear the case If the
writ were denied, then judgment could be
entered pro forIna and the matter taken
right over to the Court of Errors The
uneonstitutionality of the act was the
main question, he added and it was a
matter which should be settled at once
Lawyer Kalisch deftly impressed on his
learned brother the advisability of agree
ing on the withdrawal of two of the JUS
tices and the stipulations of the judg-
ment could be agreed upon. Senator Nc
Carter assented and Justices Van Syckel
and Garrison retired.
"Where do 1 come in?' shouted Law
yer Crandall excitedly.
Justice Garrison blandly assured the
Camden lawyer that Justice Garretson
would look after his rights. Mr.. Gram
dali subsidized. The lawyers then got
their heads together and fixed up the
stipulations and the matter of judg-
ment being arranged by the Court, the
incident closed.
Those who listened to the proceedings,
said that Lawyer Kalisch had neatly out
generated Mr.. McCarter by having JUS
tices Van Syckel and Garrison retire from
the bench. These jurists have recently
rendered opinions against similar cleo
ton law, and to have them adjudicate on
the writ in the lower court would have
precluded their sitting in the Court OF
Errors on the appeal which in any event
would have been taken by either one
side of the other.
On Monday next the appeal will be ar
gued.