Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-01-27
CREATION OF NEW
WARD MAY CAUSE
MUCH CONFUSION
Differences of Opinion Among
MOntclair COunciImen Regard
ing Offices to Be Filled.

The creation of the new Fifth Ward
In Montclair by the Town Council last
Monday night is liable to lead to off
ference of opinion between the MEM
bers of the council.
When he division of the First ward
into W wards was introduced by ordi-
nance in the Council, Town Attorney
Robert M. Boyd, jr., gave it as his
opinion that the new ward would
necessarily remain without representa-
ives in the Council and Board of Edu-
cation until the election next Noyem-
Der, when W councilmen would be
elected, to serve one year and one
for two years., n three members Of
the Board of Education for one. two
and three years, respectively. This de-
cision OF Mr. Boyd was given in ac-
cordance with the town act under
which Montclair is Incorporated, which
provides that the Town Council is en-
powered to fill vacancies caused either
by resignation or death, II as the
creation of the new ward did not cause
any vacancies the Council was power
less to act
When the map defining the new Fifth
ward lines was drawn it was dis
covered that Councilman George E.
Harris, now one of the representatives
Of the First ward, became a resident OF
the new Fifth ward, his home being
located within it's lines, and that Coun-
Gilman David Henney. the other repre-
sentative of the First ward. still re.
mained a resident of that Yard. This
condition was explained to Mr.. Boyd,
and 1t changed his opinion.
At the meeting of the Council last
Monday night he declared, after the
ordinance creating the new ward had
become q law, that there were vacen-
cies for councilmen in the First and
Fifth wards, and as two members of
the Board of Education now represent
ing the First ward live In the new Fifth
ward, one vacancy for member of the
board exists. which necessarily causes
two vacancies to be filled in the First
ward as Elmer H. Neff is the only
member of the board from the First
ward now living In 1t.
Mayor Hinck is DESTROYS of having
two new councilmen appointed by the
Council to ill vacancies, as he believes
it will strengthen him In the changes
he desires to make in the several town
departmental, but II is not thought that
the Board of Education will take any
action until the members are regularly
elected next fall. The Republican clubs
Of the First and Fifth wards have been
requested to meet and select one name
from each ward to be presented to the
Council to I'LL the vacancies. and meet
angs Of the clubs have beer called for
that purpose
Councilman Henry 3. Wrensch, jr., a
Republican, takes exception to this
whole procedure and will bring the
matter up at an adjourned meeting of
the Council next Monday night. Mr..
Wrensch claims that the law distinctly
states 'the Council shall I'LL vacancies
only In the case of death or resigna-
ton of q member" No member OF the
Council has died and no member has
resigned, Mr.. Wrensch claims; hence
there are no vacancies. He further
says that the Council has no right to
do an act that would Great a vacancy
and differs with the town attorney in
his decision.