The Jersey City news., 1906-07-11
Court OF Errors and Appeals
By a Vote Of l3 to l
Declares Against That
Method OF Electing As
semblymen
OPINION TO BE HANDED DOWN
INFLUENCE OF THE DECISION
WILL BE WIDESPREAD AND
WILL INJURE BOTH DRYDEN
AND RECORD
Especial to 'The Jersey city. News. .

court of errors and appeals decided by
vote of 13 to / yesterday that the as
sembly redistricting bill, passed by the
last Legislature, is unconstitutional. An
opinion will be handed down later.
The matter came before the court in
the form Of suit, brought for the pur-
pose of testing the validity of the cleo
ton of assemblymen by districts instead
of By counties at large. by Harry F.
Smith against County Clerk c. Harry
Baker. The effect Of the decision is to
continue the present incongruous system
of choosing representatives in the Legis-
lature.
In announcing his vote, Chancellor
Magic said: THE court has taken four
days in the consideration of this case,
having adjourned last week for this
purpose. We have spent the better part
of yesterday and to-day in exhaustive
and interesting discussion, and we agree
that there is no question in this case
that was not considered in the able opin-
ion of Justice Depue in the supreme
court in the case of the state against
Wrightson l, therefore, vote to affirm
the judgment of the supreme court"
The only member of the cour dissent
ing was Judge G. D. w. Vroom of this
city. The vote of the court of errors
stood IS to / for affirmation
The decision finally disposes of a mat
ter which has been generally discussed
was passed upon by the Supreme Court
about 10 years ago. The last Legislature
passed the Perkins act with the under
standing that it could be tested in the
highest court in the State. To do this
it was necessary to first take the case
to the Supreme Court once again.
Under a section of the statute. Mr.
Smith applied to the County Clerk for
printed copy of the law and the request
was refused. Mr.. Smith applied to JUS
tice Alfred Reed for a writ of mandamus
to compel County Clerk Baker to comply
with his request. Justice Reed refused
this writ and it gave the basis for an
appeal to the Court of Errors, Justice
Reed in his opinion being guided by the
opinion of Justice Depue in the Wright
son case, in which the Supreme Court de-
clared a similar act unconstitutional
The hearing before the court of errors
and. appeals was considered practically
re-argument of the Wrightson case..
In that case the supreme court held that
under the constitution the whole number
of voters in a county was entitled to vote
for assemblymen who represented the
entire county. sA the district method
of voting was opposed to. rs, the law
was declared invalid. The same
ground is practically taken in the, de-
cision just rendered.
The matter was never carried to the
court of errors and appeals for review
and in his last annual message to the
Legislature Governor Stokes recommend
ed that there be a final determination of
the matter.
The courts decision may have vide
spread influence over the political situa-
| tion in New Jersey. 1t is alleged that
the reversion to the district method of
choosing Assemblymen was attempted in
the interest of United States Senator
Dryden, who is seeking a reelection in
the face of 4 vigorous and determined
opposition on the part of Senator Colby
and the reform element of the party.
Senaor Dryden's friends have been fg-
uring on controlling a respectable NUM-
Der of the districts laid out for Essex by
/ the Perkins law With hostlie delega-
CATION from his own county the juniod
| Senator's case would be will night hope
Unless there is marked change in
the sentiment Of Essex Republicans be-
fore the primaries Senator Colby's fol-
lowers will nominate IL assemblymen
pieageas to George L. Record or some
| other, member Of their faction.
Last year Dickinson and aFgan pat
chea up a peace dnfHudson by which sew
en- Fsgqn. angls five@D Dickinson men were
elected. Bickinson has since seized the
county machine. Fagan holds the city
Aathane George L. Records cause
would probably abe sfatally weakened if
his county should return another divided