The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-12-29
EXCISE BOARD
KNOCKED out
Mayor Fagan's Administration Gets
a Solar Plexus Blow From
the Supreme Court

believing that the weak spots in the law
had been corrected and his pet board
wouldn't be upset The amendment was
lapproved April 3. 1902.
Five days later the Camden Act was
passed 1t repealed all former Excise
Acts and empowered the Common Coun-
Gil or other governing board of any city
to provide by ordinance for the ablish-
ment of the Board of Excise Commits
sioners to consist of five members to
serve for term of three years and to be
elected at the next general election, after
the, passage of the ordinance.
THEY LAUGHED FIRST.
The administration supporters laughed
at the new law The law officers said
that the repeater did not worry them at
/ all and advised the Mayor that 'it didn't
repeal" The Mayor felt better after
that, and assured the members of his
board that they would continue in Office
as long as he did.
The Board of Aldermen proceeding un-
der the authority of the act of 1902
passed an ordinance on September 12
last establishing an elective board.
Mayor Pagan vetoed it on general prin-
ciples and the aldermen passed it over
his veto.
The Democrats placed in nomination
five we'll known men for the proposed
board. The Republican machine mana
gers were so certain that the bipartisan
| board had a eineh ON remaining in office
that they refused to put up candidates.
They denied Republican voters the priv
ilege of voting for men of their own poll
tical faith. OF course they realized the
fact that Republican candidates wouldn't
have any chance of winning anyway.
MR.. SPEER's SUIT.
Before the election William H Speer,
acting on behalf of the G.. o. P. ma
chine, applied for a writ of certiorari
removing the Aldermanic ordinance to
the Supreme Court for review. The
proceedings were brought in the name of
Stephen j. Fitzgerald, clerk in Mayor
Fagan's office.
Corporation Attorney John Wahl Queen
represented the city.
The case was argued before Justices
Dixon, Hendrickson and Collins sitting
in the main branch Of the Supreme Court
at Trenton.
QUEENS GLAD HAND.
Mr.. Queens great victory kept him
busy shaking hands and receiving con-
gratulations all the morning. He mod
estly said that he was pleased that the
Supreme Court took the same view of the
facts at issue as he did.
Mr.. Queen contended in his argument
that the Board of Aldermen is the gov
erning Board in Jersey City intended by
the act of 1902, and had full power to
establish the new Excise Board.
He said, among other things:-"In his
first reason the prosecutor says that the
act of 1902, Chapter 1876, is nugatory,
void and of no effect, because said act is
too vague and indefinite to deem of
execution. A brief inspection of the act
will show that it covers all the requisites
of a valid licensing act 1t is at least
the view of the Legislature as to what
such an act should contain and it is
not open to the criticism of the court
unless it contray enes the Constitution.
The prosecutor has not pointed out in
his reasons or in his brief in what par
ticulars the act is invalid. There are
none.
The fourth reason is that the decision
of minority of the Board to be created
by the act in the performance of its func-
tions is made the decision of the Board.
This point is. raised from the clause
at the end of the first section, which pro-
vides that the action of the Board of Ex-
else Commissioners shall be concurred in
by at least two members of such Board
as may be present at its final passage.
1t is true that this is rather an unhappy
expression, but it means simply that
majority of quorum may pass ordi-
Dances ard make bylaws. This is the
law in this State and has been uniformly
upheld. A quorum of Board of five
members would be three, and with three
members present two would have the
power of affirmative action.
ALDERMANIC STATUS.
In referring TO the act of 1894, he said:
81 desire to submit to the Court that
chapter 346 of the Laws of 1894 and
chapter 1875 of the Laws of 1902 are
unconstitutional. / do not deem it neces-
fsary to the determination of this case
that this point should be decided, mas
much as the Board of Aldermen is. With
cut doubt, it seems to me, the governing
body empowered under chapter 1876
Of the LAWS Of 1902 to pass the ordi-
nance under review. But if tile Court