The Newark star and Newark advertiser. [volume] (Newark, N.J.) 1909-1909, 1909-10-19
WILSON WILL GIVE
OPINION ON ESSEX
GUARDIANSHIP
Attorney-General Promises to
Express Views on Col
gates Eligibility.
ORAL DECISION INDICATES
RULING AGAINST COLONEL
Filling of Vacancies, Except at
Regular Elections, Barred,
Says Gaskill.
rrrom a STAFF Correspondent ]

Itrom a stan correspondent
TRENTON. Oct. ia special opin-
ion covering the situation in Essex
county concerning Colonel Austen Col
gates candidacy for the craftsmanship
of the Republican County Committee
will be made public within the next
few days as result of the conference
between Chairman Alfred N. Dalrymple
and Attorney General Edmund Wilson
today Mr.. Dalrymple arrived early
today and was closeted with the attor.
ney- general for long time.
Speaking to Mr.. Dalrymple. Mr.. Will
son said:
"The statute distinctly says that menu
bers OF the county committee must be
elected. Now the fair Inference is that
the fellow who presidcs over these
members must be elected. do not be-
lieve, I'm fact. II fs ridiculous to suppose,
that the secretary, treasurer, sergeast-
at-arms and others who may assist in
carrying the work Of the organfxa-
tion must be elective ,re.rher..o
Mr.. Wilson compared the situation of
non-member presiding over an eiec-
tive county committee with an outsider
presiding over the House Of Assembly
or a Common Council
Asked IL his opinion disposed of any
chairmanship candidates, Mr.. Wilson
said 1t Is understood that his opinions
We're not binding on anyone in such a
case as this.
William c. Van Horn, of Ocean
county. asked the attorney-ge to-
day whether If a vacancy were caused
in county committee it might not be
filled. and the man so filling 1T then be
elected chairman. Through Assistant
Attorney General Gaskill it was given
out that if such vacancy occurred 1t
could not be filled until the next pri-
mary. at which a new committee would
be chosen, as provided by law.
Joseph M. Thompson, of Ocean,
wanted to be chairman there, and is
the objective of the Wilson opinions
When it was discovered that non-mem-
bers were ineligible, it was planned to
create a vacancy for his benefit. A
similar thing might have been at
tempted in Essex in the case Of Colonel
Colgate. Lentz and Dalrymple are
elected members.
Mr.. Dalrymple also asked for a copy
of the opinion Of the attorney y-general
concerning the Ocean county contro-
versy, which first gave4rise to the dis
pute over Colonel Colgate's eligibility.
This will be sent him.
The fight has been many-sided. Col
onel Colgate has contended that under
the constitution of the Essex county
committee he Is eligible. Governor Fort
has declared that the colonel is out Of
the running because he is not an
elected member Of the committee
Major Carl Lentz. who is hoping him
self to fill Dalrymple's official shoes,
also insists that Colonel Colgate can
not hold the office, while Mr. Dalrym-
pie says that he will make no effort
to fight Colgate's election on this
ground.
II want to get my information at
first hand.' said Mr.. Dalrymple today
before his visit to the attorney-general
1t is expected that the full opinion,
which the encouragement has prom
ised, will clear up the situation.
Colonel Colgate, who was in Jersey
City today, was informed over the tele-
phone of what the attorney general had
said, and replied:
"That is only the opinion of the at
torney- general. don't think that up
sets our constitution. When he issues
his new opinion on the case we can
tell more about it. The opinion will
not be final, anyway. The courts will
have to decide"
"Would you take it to court?" he
was asked.
"Oh. / don't know anything about
that" he answered IT don't want to
talk about that now"