The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1905-11-14
Supreme Court Declares The
Commissioners Appoin ed
Under the Lew Of 1905
Must Go.
JUSTICE DIxON's OPINION
THE ACT N QUESTION AFFECTS
BAYoNNE ELIZABETH AND
PLAINFIELD- WRITs DISMISS
ED.

ED.
The supreme court declared unegasti-
tutional yesterday the act of last winter
under which police commissioners were
appointed in Bayonne, Elizabeth and
Plainfeld The court holds that the
classification of cities is illegal.
The decision that the act is unconsti-
tutional was reached in the quo war
ranto proceedings instituted by the at
torney general against John I. Nealon
and his associates on the Bayonne
police boards. Two cases on certiorari
were also instituted by Peter Egenoli
and others against the present policl
commissioners Of Elizabeth. Thess
! cases the court dismisses with costs on
the grounds that their appointment could
not be properly attacked by certiorari.
The decision in the Nealon case is
equally applicable to Elizabeth.
The opin .onis by Justice Dixon, who
says
"I7he act Of 1885 applies to all cities
in the state which by vote of the citizens
accept the act, and directs that in each
of those cities board of police conn
I
missioners, consisting Of four residents
in the city. shall be appointed BY the
mayor and council. that two of the COM
missioners shall be selected from each os
the two political parties which polled
the greatest number of votes at the last
preceding municipal election, and that
every successor Of any of these commits
sioners shall be selected from the same
political party as his predecessor.
'tThe supplement of 1905 applies only
to cities having a population numbering
! between 10000 and 100, 900 in which
police commissioners have not been ap-
pointed in pursuance of any law of this
! State 1t authorizes the Mayor alone in
I his discretion to appoint board of police
commissioners, consisting of four resi-
dents of the city, not more than two OF
! whom shall be of the same political
party, but directs that the successors OF
/ the commissioners shall be appointed in
the manner directed in the act of 1885.
"The effect of the original act is te
vest the perpetual control of the police
department in members of the two poll
! teal parties which at the municipal elec
i tion last preceding the acceptance of the
act polled the greatest number of votes
and the effect of the supplement to vesi
such control in the members of those po
litieal parties out of which the Mayor
selects his first appoinee. find it some
/ what difficult to perceive how such legis
lation has for its object the removal OF
the department from political control. as
/ \
the title of the act declares.
But waving that matter, The supple
ment must be adjudged unconstitutiona
on The ground that it is a special act tc
regulate the internal affairs Of cities.
1T attempts classification on. TIC
basis of population, but it excludes from
its operation those cities which, although
their population is within the prescribed
| number, have police commissioners ap-
pointed in pursuance of other statutes
/ Hoboken is such a city, and their police
commissioners are to be appointed with
out regard to their party affiliations i
is impossible to suggest substantial
reason for discriminating between Ho
boken and other cities Of the designated
size, with respect to the mode Of select
ing the police commissioner. The de
cis.on of this court in Tetrault VS.. Or
i ange, % yroom, so, is directly in point
! The classification attempted is unreal
.'The attorney general is .cl.t tied t
4 judgment.
The coErt dismissed writs of Ger
t:orarr:in the case of Peter Egenolf ane
Fsthetrs Y. the city Of Elizabeth an(
Eufuns B. Whitehead ct It's, and also ii
the case of Peter Egeaolf and Others
v. the city of Elizabeth aJmes 7. Alex
ander and others.
The defendants Anl asseciates ar
holding the office Of police commissioner
Of Elizabeth. The writs Of certiorarr
were to test the legality Of the right o
the defendants to hold theofiiee. Th'
court he'd that a Writ of cergierarri i
not Appropriate for slich a purpose. The,
were, therefore, dismissed.