The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-03-04
TEMPLARS MAKE
FIGHT AGAINST
THE OPTION. BILL
Edward Black, Agent Of 1000
New Jersey Members, OBJ
jects to Crosby Measure.

[From a Stan. correspondent.

TRENTON, March although the
International Order of Good Templars
is primarily an anti-liquor organiza-
strongly opposed to the Crosby local
option bill now pending before the As
sembly, on which a hearing was given
last Monday by the committee on mu-
nicipal corporations.
Edward S. Black, representing the
grand chief templar and the 1000 mem
bers of the order in New Jersey, states
in a brief filed with Chairman John
r. Moxon, of the committee. that the
organizations favors a local option
BILL
I'VE are not the letter goes on to
say, 'in favor, however, of one feature
in the Crosby bill, namely, the ward
feature, because we believe that fea-
ture to be in direct violation of para
graph II of section Z of article 4 of
our State Constitution, which provides
that the Legislature shall not pass pri-
vate. local or special laws regulating
the internal affairs of towns and oun
ties.
objects to Bill.
II desire to enter my solemn protest
against the passage of a ocal option
bill that will simply be playing n the
hands of the brewers and saloon-keep-
ers. for | feel assured that the ward
! feature of the Crosby bill will not stand
the test of the courts, and will in the
end do the temperance more
harm than good.
Il have been informed on good au-
+hority that while the brewers and sa-
~loon-keepers are bitterly opposed to
anv local option legislation, that if any
local option bill is to be passed, they
prefer the Crosby bill in its present
shape.
"I took the same position in regard
to the ward feature in the local option
BILL introduced at the last session of
1.-THE LEGISLATURE that ! now take, and
| was reliably informed that the judi
ciary committee. to whom the bill was
referred. were unanimous in believing
that the ward feature was unconstitu-
tional.
Zen or twelve of the leading law
vers of the State. with whom I have
consulted. take the same position that
II do. | do not ask YOU honorable
committee. however. to eliminate the
ward feature from the present bill be-
cause [ claim it to be unconstitutional,
but | urge your committee to refer the
matter TO Acknowledgement McCarter
for an opinion,
'If he advises your committee that
the ward feature is constitutional you
may consider my objections withdrawn,
as am not lighting that feature of
The bill on moral, but on legal grounds,
"A ward is not a political subdivision
and exercises no governmental func-
tions. 1t is Impossible for it to be made
a. political subdivision simply by the
Legislature declaring IL to be such for
some special purpose"
Question of Taxation.
Mr.. Black calls attention also to the
fact hat prohibition laws, wherever
passed, have been held constitutional.
'gThe question Of taxation adds Mr..
Black. 'has also a bearing on the lat
ter. Let us suppose that the Sixteenth
Ward Of the city of Newark has TWEEN
ty saloons within its borders. each az
fording a revenue to the city of $500 per
year, or $4,000 in the aggregate.
What legal right nave the voters of
the sixteenth Ward to say that there
shall be no saloons in that ward, and
thereby deprive the city of Newark
of a yearly income Of $4,000, without
the residents OF the other fifteen wards
OF the city being allowed any say in the
natter"
The letter Is one of many received by
Mr.. Moxon, but Is the only bring
ing out the question involved, though It
hnr haan informally talked Of