The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-10-27

g = = 1t is quite impossible LOT us 10
helieye that the Legislature intended 10
n,t IT within the power of a county
committee to nullify in practical erect
the manifest object of this legislation
am convinced that a construction
of the statute other than that when
7 have adopted would in fact so enable
q county committee to nullify the leg
,s1a five intent. 1t is said that in GER
tain instances the chairman of the
county committee has no vote n is
NOT therefore. a member of the COM
mittee. | am not impressed by TINS
argument. If the function of the CHAIR
man In actual operation were no other
than that of a mere presiding officer,
counting the ayes and noes, there could
no no nossible Justification for any
| active concern over the personality OF
such an automaton. Experience re-
s,,tes the contention. Further, the act
nlaces upon the chairman acting Tor
| the committee the duty of c~ertihcation
of the number of committeeman to De
elected in each year, so that he must
In this important function represent the
| committed. and it is questionable
whether a committee could lawfully
delegate a legal function of the COM
n,ittee to a chairman not a member
thereof. And, finally, it would be
a. very simple matter, if a county
committee desired to nullify the iegis-
Iative intent. to create a county COM
mittee which should be composed part
w of members elected and of at least
one member appointed, by choosing as
a county chairman a person no an
-. ..1,oha, IF fhg committee. ana
then. by changing its bylaws, to pro-
vide for giving the chairman a vote.
From the propositions laid down by
Mr.. Justice Swayze, that the county
committee shall be wholly composed OF
elected members. and that 1t is i'm
possible that the Legislature intended
to put it within the power or a county
committee to nullify in practical effect
the manifest object of the Legislation,
1t necessarily follows that it is beyond
the power of a county committee by
any rule or bylaws to appoint any
person to fill a vacancy. the act u
question provides for the election or
members. It makes no provision Tor
the filling OF a vacancy. Theretore'
since under the opinion of MI. Justice
Swayze all members of those commit
tees must be elected and, therefore.
none can be appointed, it follows nat,
there being no provision In the act for
the filling of a vacancy there is,
in fact, nc method by which
such a vacancy may be filled,
and, therefore, a vacancy occurring an
der any of the contingencies named by
you In your question must continue
as a vacancy until the Office is filed In
the manner required for original cleo
tions at the ensuing primary election
1t may be stated in passing that such
a vacancy is not such as must neces-
sarily be filled by some n in order
that a public Office may be full. OF at
any rate such a situation is not pre-
scented by your question. A mere
vacancy upon a county committee
would not put it beyond the power OF
the county committee to perform, by
a quorum of it's existing members. the
duties and to exercise the powers re-
quired of it and with which 1t is
clothed.
I find it is impossible to give q cate
gorical answer to your second inquiry,
Under the opinion of Mr.. Justice Swayze
which Is 1t present the only judicial
Interpretation of the act in question. tht
county committees must ne eitCtcu tdci
year; in view of which fact it would
seem clear hat the county commit
tees are not in fact continuous bodies
under the reasoning in the case of Thu
State v. Rogers. 56 N. J. L., 4S0. Bu'
this does not answer the question a.
to the right or duty of each successive
committee to adopt for itself rules o,
regulations. whether they be called by
laws or constitution. Heretofore thu
rules of the county committees hav'
been adopted by various methods. as
am informed, ranging from. the power
of certain committees to make rule
for themselves, to other instances o
adoption of rules for the committees b,
the voters OF the respective parties II
conventions. Upon these methods o
adoption of rules the statute has, 50 ia
as I can see, no direct operation. There
fore I conclude that this is one of tn
matters upon which the statute wa.
not intended to have n effect, an
that. therefore. the method of tn
adoption Of rules for the various com
mitteas remains unchanged. and still
depends upon local custom and usage
Very truly yours,
EDMUND WILSON.