Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-08-05
SPECIAL SESSION [
OF LEGISLATURE /
CALLED TO ORDER
Governor Fielder Sends Special
Message to Lawmakers Re.
garding Jersey City Election.
WOULD LEGALIZE RECENT
CHOOSING OF COMMISSION
Senate May Meet in Executive
Session to Confirm
Appointments.
TFrom a stan Correspondent.1


TRENTON, N. j., Aug. 5.-When
the two Houses of the legislature We're
called to order at elevel o'clock this
morning for the second special ses-
sion of 1918. there was but a small
attendance in either chamber, and
President johnson of the Senate. and
Speaker Taylor of the House sent out
officers of both bodies to bring in the
absentees, many of whom were
gossiping in groups about the State
House corridors.
Warren F. Dixon, city counsel OF
Jersey City under Mayor Wittpenn's
administration, was here with printed.
literature opposing the passage OF
the two bills to ratify the commission
government election in Jersey City
and throw the burden of proof in quo
warranto proceedings upon the per-
son seeking the office instead of at
present upon the occupant of the
same. There was considerable quiet
grumbling among the lawyers against
the proposed change in quo warranto
proceedings but one Democratic Sena-
tor said the bill was wanted and ha
supposed 1t would have to be support-
ed. The Republican senators began q
|
| to decide upon their course of action,
but 1t was freely predicated about the
| governors office that the Republicans
| would support the two bills mentioned
which were scheduled to be introduced
| in the house by Assemblyman Thomas
| F. Martin.
Governor James F. Fielder's short
message was read soon after the ses-
sion began. 1t follows
State of New Jersey
| Executive Department
! August 5, 1913.
ITO the Legislature:
| The Walsh commission govern
ment act was submitted to the
voters of Jersey City for adoption al
an election held April fifteenth. 1913
Out of 1850 votes, majority Of
| over 4,300 votes were cast in its favor
| and the commissioners subsequently
elected have taken office, and are now
administering the affairs of the city.
i The act requires that the vote in
favor of it's adoption shall equal
thirty per centum of the votes cast
for members of Assembly at the elen-
tion held last November. The ballots
cast at the Assembly election have
4 been destroyed and ~rfre returns made
| by many of the election boards at
that election are so incomplete that
| II is impossible to tell what vote
was actually cast The title to office
of the commissioners elected in April
Is now attacked by suit, upon tha
| ground that the required thirty per
centum vote was not cast in favor
of the adoption of the act, and in this
suit / am advised that the burden
of proving the legal adoption of the
act Is upon the commissioners. Ths
ballots cast at the November election
having been destroyed, it is impossible
to prove what vote was cast at that
election and should the commissioners
for this reason be ousted from the
offices to which they have been
elected, the right of the commissions
ers in every other commission gov-
ernment municipality where the As-
sembly ballots have been destroyed
might also be successfully attacked
and this result would produce con-
fusion in municipal affairs not only
In Jersey City, but in such other cities.
| II have, therefore, felt it my duty
to call you into special session and lay
the facts before you to the end that
you may take such action as will
prevent the possibility of such a
deplorable condition.
| (Signed) JAMES F. FIELDER,
President of the Senate, Acting Cow
| ernor."
| Governors Message Read.
| When President Johnson raped the
| Senate to order there was moot quo
rum present, and as the Republican
senators were still holding a confer
ence a recess was takn without tn
formality of a vote. 1t was about
l1:30 when the Republicans emerged
| from their conference and took their
seats in the eSnate chamber while
| Governor F'ielder's message calling
the special session was read
With the absence of Senator Slo-
L In, he 80,
counting Acting Governor Fielder,
have only ten votes with all the other
| Democratic senators in their seats.
! This gave to the Republicans con-
! troll of the situation in the Senate or
| would have done so. if Senators Col.
gate. white and Nichols had not an
nounced their unwillingness after the
Republican conference to stand with
the other Republicans in opposition to
the Martin bill placing the burden Of
| proof in quo warranto proceedings
| upon the relator, instead of upon the
respondent. as is now the law.
Immediately after the formal cons
vening of the Senate, Senator Edge,
the Republican leader, offered a reso-
luton providing for the appointment
of a commission consisting of the
| chief law officer of each commission
government city to consider the
| Walsh commission government act
and recommend any necessary
amendments to the 1914 Legislature.
The resolution was not debated and
was adopted by a unanimous vote.
| The Senate then took recess until
| 1:35 o'clock.
| When the Senate took a recess un-
| til 1870 o'clock it was freely admitted
On all sides that the two Jersey City
commission bills would go through
this afternoon.