Perth Amboy evening news., 1906-07-31
SCREEN FIGHT !,
WRONG START
First Gun Fired Against Bishops
Bill in Battle Against Jersey
City Excise Board.

hAAo 80 INV
ers, wholesale and retail liquor deal
ers and their counsel appeared at the
court house in Jersey City Yesterday
and listened to an argument holding
that the latest revision of the excise
law is unconstitutional.
Robert s.. Hudspeth, former sena-
tor from Hudson county, acted as
counsel for the State Retail Liquor
Dealers association, assisted by the
law firm of Ziegner & Lane, who rep
resented the Jersey City excise
board, Supreme Court Justice Fort,
of the Hudson circuit, who consider
cd two applications sufficient to wan
rant the sitting of a special session
Of the supreme court, together with
Justices Reed and Trenchard, we're
On hand when court convened.
The attack which Mr.. Hudspeth
had planned on the act had to do
especially with that feature of the
Lew law which concerns the removal
OF screens
Mr.. Hudspeth directed attention
to the fact that the mayor and COM
mon council of Jersey City, respond
ents to the application, we're not rep
resented by counsel, and he asked
for a brief delay.
AT this point Peter H. Backus, of
Trenton, who was counsel for the in
terdenominational committee of
clergymen who we're responsible for
the law, appeared and asked that he
be permitted to appear in favor of
the law.
Mr.. Hudspeth had no objection,
and neither had George l.. Record,
corporation counsel of Jersey City,
who at this juncture appeared and
said the city had no interest in the
Hudspeth suit.
'The city is not concerned" he
/ said, " in the merits of this law. All
; we care for is it's enforcement, and
we should not be Joined in al effort
to prove whether or not it is valid"
but your honor" said Mr.. Hubs
El.eth. with Jersey City out my client
has no case, as it is the enforcement
of what we term an invalid act we
are opposing"
The court agreed to this view of
the case and thereupon Mr.. Record
said he was perfectly willing to have
Mr.. Backes appear on behalf of the
clergy and also the city in UNFOLDING
the validity of the law.
Mr.. Record also reserved the right
to file an additional plea if necessary
and the case proceeded with Mr..
Hudspeth beginning his argument.
He started by saying hat his opin-
ion on the screen question was iden-
teal with that of Mr.. Record, who
gave an opinion to the excise board
in which he held the act to be uncon-
s%titutional.
"Mr. Record and myself agree on
this proposition" said counsel, after
reading the formers opinion to the
Jersey City excise board, "bue as we
disagree on political and other mat
tiers | would prefer to have him an
swer the question himself"
On the screen matter Corporation
Counsel Record had written IN opin-
ion for the benefit of the old excise
board, advising that a resolution be
passed directing the removal of the
screens under section 4 of the bish-
OBS bill. In that letter Mr.. Record
advised compliance with the act, but
stated that he believed that the sec
ton was clearly unconstitutional,
and so it was said by lawyers in
court that it could be readily seer
why Mr.. Record did not care to
argue in favor of the screen matter.
Mr.. Hudspeth stated that the OBJ
ject of the law was to bring about a
reformation by eliminating the back
rooms, and to prevent the violation
If the law in the sale of liquor on
Sunday, and then, he said, that the
act made special restriction in favor
of certain classes, and that implica-
ton is that in such places the Gus
tom, long recognized and tolerated,
that of selling liquor OF Sunday, may
continue.
The court decided hat Mayor
Fagaa's counsel, in the effort to UNI
seat the excise board appointed by
the court in accordance with the bill
that was passed by the legislature
last winter, had not adpoted the pro-
per course of procedure in asking for
la writ of %certiorari, and that the eff
fort to unseat the courts board
should have been by quo w%arranto.
The court set Tuesday of next
week as the date for the argument
en- the quo warranto proceedings,
and also announced that it would in
all probability be decided on hat
day as to the certiorari on the reso-
luton of removing the screens.
o0lITu m AlNrICl n ARAV