, 1906-04-04
cauSe

This week Attorney General McCar-
ter sent to the house his opinion as
to the constitutionality of the Perkins
bill. providing for the election of as
semblymen by assembly districts in
stead of by the county at large. as ut
present. The attorney general says:
"As is well known, the supreme court
in an elaborate opinion written by the
late Chief Justice Depue in the case
of the state versus Wrightson held
that a statute similar TO the one un-
der consideration and providing for
the election of assemblymen by assem-
bly, districts and not by the voters of Il
county at large was unconstitutional
and void. am therefore compelled TO
reach the conclusion that under the adj
ju9icated cases in this state the bill in
question is unconstitutional.
Il think it fair to say, however, that
the decision of the supreme court adj
judging this legislation to be %unconsti-
tutional IA not carried to the court OF
errors and appeals for review, and |
assume that the present bill Is intro
duced for the purpose of having that
court pass upon the proposed method
of electing assemblymen." The opin-
ion prevails that the bill will not be
put through this year, but this is I'M
certain at this time.
Passed by the Senate.
Among the bills passed by the SELL
ate on Tuesday were: Mr.. McKee's bill
enabling municipal governing boards to
establish river water lines, Mr.. Lees
bill requiring ten days publication of
notice of intention to introduce city
ordinances providing for public i'm
provement, Mr.. Frelinghuysen's bill
placing Colonel Robert G. Smith of the
Fourth regiment on the retired list of
the national guard with the rank of
brevet brigadier general, and Ar.
Hutchinson's joint resolution providing
for the appointment by the governor of
three persons to comprise II commits
sion which is to consider the whole sub
ject of municipal legislation and report
on the first day of the next legislature.
The senate passed Mr.. Hutchineon's
supplement to the pure food act licens-
ing creameries; also Mr.. Hillery's bill
authorizing adjacent townships or mu-
inequalities to join i'll employing Il
health officer and one or more sanitary
inspectors, and Mr.. Jackson's bill up
propriating 100000 to the statehouse
commission for the erection of a wing
at the capitol.
Mr.. Browns bill AUTHORIZING the
qu-artermaster general, with the 40
proyal of the governor, to permit Use
of portions of the Sea Girt camp
ground by persons or corporations
anne up on third reading. On 4fr.
Wakelee's stating that he would ct
vote to give that power to the governor
or to anybody else Mr.. Brown had the
bill laid over.
a message was received from Coy
ernor Stokes transmitting IL comuI4i-
cation received by him from the "
lington Flag association, which desires
reproductions of Lincoln's Gettysburg
address placed in public buildings. Il
was referred.
House Passes EIectrOcution niIt.
The house passed the committee sub
stitute for Senator Wakelee's bill sub
stituting electricity for the death pen
atty instead of hanging. The original
bill provided that all executions should
axe place at the state prison in this
city, but the substitute gives the state
prison inspectors the right to select
some isolated place outside the prison
and within the state where all eXecu-
tons shall take place. The bill also
provides that all persons executed
shall be buried in quicklime unless the
bodies are claimed by the relatives.
Mr.. Hildreth's bill extending the ter
ritorial limits of each county fronting
on the sea coast was passed by the
house, as was also Mr.. Mills bill pro-
viding for Il state board of examiners
to license builders. This latter bill was
lost on Monday, but was reconsidered
later in the week. The house also
passed Mr.. Mabie's bill authorizing
cities of not less than 10000 popula-
ton governed by a commission so elect
two additional commissioners to be
known as the president and member
at large. Other bills passed by the
house were Senator Colby's bill author
izing any municipality to use lands Tor
forestry purposes, Senator Avis bill
authorizing the governor to send a suit
able military representation to the Red
Bank battle monument dedication at
Red Bank, Gloucester county, and Sen
ator H|utchinson's bill amending tie
borough act providing that one-fourth
instead of One-half of the borough
inhabitants may vote to establish and
maintain IA water plant.