The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-03-22

KEARNY MIDDLE
Gerrymander Of the Town
Taken Into the Sup
RENE Court.
ELECTION NOT STAYED
Court Grants a Rule to Show
Cause Why Mandamus
Should Not Issue.

A rule to show cause why mandanus
should not issue in the Kearny election
muddle caused by the recent gerryrnan-
der of the ward lines of that town by
which one ward now has three resident
Councilmen, while another has but one,
was granted by Justice Collins in the SUI
prene Court this morning.
In allowing the rule the Court said that
1t saw but little prospect of final decis-
ion being reached in time to have any
effect on the town election. which takes
place Tuesday, April s. The order was
made returnable next Tuesday, providing
branch of the Supreme Court will hear
the argument ON that day. If it does a
decision may be reached before March
81 which will allow the Town Clerk the
required eight days in which to post the
election notices as required by law.
The Justice expressly stipulated that
the rules should not act as stay.
Counsellor j. Franklin Crowel, who
made the application on behalf of VIM.
G. Garfield, a resident of the Second
ward, contended that Town Clerk Wild
man had caused to be published an ad
vertisement calling for the election of one
Councilman for a term of two years in
each of the four wards of the town. He
sought mandamus to compel the Town
Clerk to change the advertisement to read
one councilman from the Second ward
for one year and one councilman from
the Second ward for two years, and one
each from the Third and Fourth wards.
Town Counsel Joseph Parker opposed
the motion.
Mr.. Crowell said that owing to the
changing Of the ward lines Richard yeale
was the only resident Councilman of the
Second ward, ard, as his term expires on
May 1, the ward would only have on rep
resentative in the Council for the next
year He said that through the gerry
Wandering of the ward lines the First
ward now had three representatives.
Benton E. Campbell. Hugh McQuaid ami
James Alien. all of whom live within the
new First ward lines.
Mr.. Crowell said that Mr.. Aliens time
would expire on May /, anad should the
election be held according to the adver-
tisement, but one councilman electo6
from each ward. the First ward would
have three Councilmen for the next year.
because the terms of Canfield and Nc
Quaid would not expire.
Counselor Parker explained that Mr.
Cantieid whose ward residence. had been
changed by the new lines, practically rep
resented the entire town. He contended
that unoer the general election act the
town clerk was obliged to call for the
election of one Councilman from each
ward and pointed out that if there was
All election for Councilman held in the
First. ward this year the same condition
would exist when the terms of Garfield
and McQuaid expired year hence, while
if the election was allowed to proceed
the matter would adjust Itself.
Mr.. Crowell agreed that under the town
act of 1895 the Council must be composed
of two Councflmen from each ward and
that the duty of the town clerk was to
see that this situation was upheld.
ut may be- said Justice Collins in
granting the rule, that the situation will
be the same as in the famous General
Assembly mandamus when the decision
was not given until after election, in
which event, Mr.. Crowell. you will not
accomplish anything"
Il was thinking" replied Mr.. Crowell,
that I might bring the matter before
your Honor in another form-for instance,
compelling the town clerk to print the
tickets according to our contention"
..That the Court could not do replied
Justice Collins THAT would involve
ministerial and not a judicial question,
and this court would only act in such
matters on questions of proper nomina-
tons