The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-10-27
WILSON DECISION
ON GUARDIANSHIP
IS MADE PUBLIC
toontinued from First rase.)

mittee, Ocean county, New Egypt,
N. j.:
Dear Sir--I am in receipt of your
letter of October IA, in which you pro-
pound two questions:
First-Can a county committee under
it's rules fill a vacancy In their meH-
bership caused by death, resignation,
removal from township or failure OF
township to elect, the rules of the COM
mittee providing that the committee
shall have such power?
Second-Are the rules previously ex-
listing, or when once adopted, in full
force and effect, until repealed or modi-
fed by the recently elected county COM
mittee?
Answers TO these questions require
a. consideration of the act of last win
ter, providing for the election of MEM
bers of the county committee at the
primary election CPar. PSI. p. 141, of the
election law pamphlet issued by the
Secretary of State). Prior to the pas
sage Of this act, the county commit
tees, as such. were purely voluntary as
sociations of the representatives OF the
voters of the political parties In each
county or city, and existed simply for
purpose of party convenience CO.
operation. There was no absolute uni
formity in them. In the various u
ties inc cities of the State these COM
mittees differed not only in the method
of choice of members, but also in their
number of the members and the neces-
stiles of varying situations pro-
duced inequalities in the rules
and regulations OF such commit
tees, SO that each county OF
city was practically represented py such
party committees, clothed with such
powers as seemed to the voters Oh those
counties or cities necessary and proper.
OF these committees MT. justice
Swayze spoke in the Rotnerham case as
follows:
by the legislation FOR nearly twenty
years the county committees have been
recognized as q part of the machinery
of public elections" referring to the
appointment of h election boards.
prior to the enactment of the act to
regulate elections in 1898, by the CHAIR
men of the county committees. For
the first time, however, the act of 1908
gave the formation Of these organiza-
lions status under the law, and 1t is
the effect of this law Which must be
considered in answering your ques-
lions.
1t is very clear from a reading OF
the statute that there was no intent
on the part of the Legislature to in
clude within his enactment a COM
plete, definite, comprehensive scheme
which should include within its limits
all provisions relating to the lorna
ton, duties and powers of the various
county and city committees. The only
purpose which can be read from the
act is to provide a method for the selec-
ton of the members of these commit
tees, substituting election by the voters
at the primary election for the various
methods of choice which had been, up
to that time, in force in the several
counties or cities of the State. Clearly,
then, since the enactment does not
purport to comprehend the entire scope
of the county committee, and since
the act itself refers to the constitution
for bylaws of such committees, it
necessarily results h a the powers and
duties of the county committees re-
main as heretofore established by
usage and custom, except insofar as
they have been affected by the act in
question regulating the election of the
members of these committees
! have previously announced my rom
clusion that the chairmen of these
committees must necessarily be elected
as members Of the committees-a con-
clusion which reflection has confirmed.
and which l believe is In accord with
the spirit of the decision in the Roth
erham case.
Since that question depends for it's
solution upon the same course of rea-
soning as the matter presented by you
and the two answers seem to stand or
fall together, it may not be out of place
to state here the argument upon which
both my former opinion and my present
answer depend.
Mr.. Justice Swavze, in the opinion
above referred to, said in part:
'Thi requires that the COUNTY COM
mittee shall be elected, not a portion of
1t: that it shall be elected after the
passage of the act, not that a portion
be elected his year and a portion in
come subsequent year. however distant.
to be fixed bv the county committee:
and that the members be elected by
election districts. regardless of whether
the constitution of the count commit
tee had previously provided for election
by wards, Townships. boroughs or by
the county at large. or in any other
manner. The evident intent OF the Leg