The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1902-10-13
COULDN'T RUN
THE COURT
Lawyers Amused at the Pre-
sumption Of Record and
Carey in Certiorari
Matter.
SHABBY TREATMENT OF Mr.. QUEEN
Fagan's Advisers Snubbed by
Justice G ollins w b o
Wouldn't be Party to
an Illegal Trick.
SHABBY TREATMENT OF Mr.. QUEEN

Corporation Attorney JOHu w dhA
Queen made a Statement this morning in
regard to the shabby manner in which
he was treated as the city's legal repre-
sentative in the matter of the application
for a writ Of certiorari to review the
Board of Aldermen's Excise Commits
siohs ordinance.
The Corporation Attorney is supposed
to appear for the city in cases of this
kind. An apparent effort was made to
freeze him out and have Corporation
Counsel Record and Assistant Corpora
ton Attorney Carey appear before Justice
Collins in his stead.
Mr.. Queen said
MR.. QUEENS STATEMENT.
1'The first notice / had that an appli-
cation for a writ of certiorari to review
the ordinance of the Board of Aldermen
to establish a Board of Excise Commits
sioners was to be made or rather was be-
ing made, was on Saturday morning
about IL O'Clock. I was then asked to
come to the Mayors Office and was there
told that Mr.. Speer wanted me to, come
to the Union League Club. / called up
Mr.. Speer by telephone and asked him
about to make an application for a writ
of certiorari in the Excise matter, and
the court required that notice should be
tgiven to me as City Attorney.
Reports appeared in the newspapers
last week that an application for a writ
was to be made and then [ wrote Judge
Collins letter requesting when the ap-
plication was made that notice should
be given to me as City Attorney. l
went at once to Union League Club in
response to Mr.. Speer's message and
found Mr.. Speer, Mr.. Record, Corpora
tion Counsel, and Mr.. Carey, assistant
corporation attorney.
NOTICE SENT TO RECORD.
81 asked Mr.. Speer why notice had not
been given to me and he said that notice
had been given to the Corporation Coun-
| sci and he thought that was sufficient.
| told him that was the Corporation
| Attorney and the proper person TO whom
such notices should be given. He then
made his application for the writ sand
ctHteuueu tutl IL SAOuiu oPeidlS as q
| stay.
| MIR. Record and Mrs. Carey said so
/ far as they represented the City they
consented that the writ should issue and
| that it should operate as say.
/ POWER DEFINED BY STATUTE.
Il insisted that neither the Corporation
| Counsel nor the Corporation Attorney
had any power under the statute to make
such consent; that the Corporation At
torney had the power to prosecute and
defend any action in which the city is a
party. Judge Collins said that he did
not wish to hear argument on that ques-
ton; that the allowance Of the writ and
the terms on which it should be allowed
were within his discretion.
"After some discussion the Court said
| he would allow the writ, but that it
should not operate as stay. then
suggested to Mr. Speer that the writ to
/ review the excise matter stood on the
same footing as the writ to review the
/ Single Water Commissioner Act and that
| if his Republican friends would consent
| to argue the Single Water Commissioner
case at once-before election--I would
consent to argue the Excise Act at the
same time provided the Court would
hear both cases.
He replied that he did not represent
either party in the Single Water Com
missioner case and had no power to enter
/ into such an agreement
RECORD AND CAREY'S PRESUMP-
TION.
Lawyers were obliged to smile today
when they heard of the presumptions OF
Messrs. Record and Carey in telling Jus
tice Collins that they would consent to
have the writ operate as a stay.
Judges as rule determine questions
of that kind and Justice Collins naturally
refused to let the .slaw department, die
tate to him.
The attempt to use the court for poll
teal purposes was condemned on all
i sides. Records Inconsistency in asking
| for no stay on the Single Headed Water
j Commission writ and for a stay on the
! Excise ordinance writ was generally
commented upon.