New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-17
INJUNCTION MAY BALK
JERSEY CITY COMMISSION
On Eve of New Government
Taking Effect Corporation
Counsel Holds 1t Illegal.
FAGAN AGAIN THE BOSS
Fellow Members on New Board
Put Him at Head of Public
Affairs, Which Carries
Title of Mayor.

| Jersey City will become a real commits
sion government municipality at noon to-
day. when Mayor II. Otto Wittpenn and
a score OF city officials will finish their
terms automatically. and the five COM
! missoners chosen at the election last
, Tuesday will formally take over the rens
Of government. \ report last night had II
that an injunction would be obtained on
| the five commissioners to-day 10 prevent
them taking office. on the ground that the
new form Of government had been H.
legally adopted. but at a late hour no APP
| pication for an injunction had been made
To Supreme Court justice. Justice
| Swayze. who sits in Hudson County. be-
! ing I'm Boston.
The report was based on an opinion
written by Corporation Counsel Dixon in
reply 10 city Treasurer Carl c. Schu-
mann. one Of the defeated candidates FOR
commissioner. In which the latter was
told not 10 give up his office. because the
/ commission form Of government had been
d illegally adopted by jersey city. Applica-
4 ton. II was said last night. would prob
! ably be made this morning 10 some other
supreme Court justice II Mr. Swayze did
not return.
The dv. commissioners held an open
conference AT the home OF Mr.. Ferriss
last night and agreed upon the selection
/ OF John Milton as Corporation Counsel.
Walter McDermott as Corporation At
tornev and John Bentley as assistant
Corporation Attorney.
Tho board also appointed John Warren
and Charles r. b. O'Brlcn judges OF the
I Criminal Court. and arranged for series
a. meetings. al which the public will be
invited 10 offer suggestions for the adj
ministration Of the new government. All
meetings Of the board. II was Furthermore
decided VIII te non-cxccutive
Mr. Dixon. iu his opinion 10 Mr.
schumaun. wrote that hc had carefully
! examined that statute and that at the
election 90 adopt the so-caled Walsh
/ act 1855 ballots were cast. II. " for and
+ -.fI6 against the adoption ~ tho act. that
( the act requires that to be accepted IL
must receive in us favor 30 per cent Of
I the vote cast az the last preceding gen
cral election Tor members OF the General
Assembly At the election last NOyem-
Der he states that the number OF voters
who cast ballots for President was 3s.70L
He then analyzes the vote Tor members
II Assembly On the ticket-and
gives the total as i0l.fSt which he de-
,Iares is the total that must be consid-
cred and read literally.
tie contends that the city Clerk erred
in asc.rtalning the approximate vote by
dividing the total vote for members Of
Assembly uy twelve. the number of can
didatss. and that the practicable method
was to divide the number Of votes cast
for A-s.mblymen by the number Of bal
lots east ~ the election. which gives 1913
.s the average number Of As, mblymen
voted on each ticket. and applying this as
/ a div.sor 90 the Assembly vote cast VIZ
i0Iisl. the result is $3.50 votes voted for
members u Assembly. and 81 per cent or
INF, total equals 1859. and as the act
received only ll.422 II Was not adopted.
even upon the theory OF averages
Mr. Dixon concludes his opinion hy ad-
yis.ng M Schumann not TO surrender
his Office OF city Treasurer. He says
that this also applies TO any other city
officer who Is under bonds for the faith
/ ful discharge Of his duty.