Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-10-07
COMMISSION RULE
FOR JERSEY CITY.
IS Jury VERDICT
In Fourteen Minutes Twelve
Men Decide Fate of City's
Government.
/ 81, n STAFF Correspondent.I j

JEH$EY CITY. Oct. Fourteen
I9nutes wrs all it took jury this
afternoon to find a verdict in favor Of
the commission form of government in
this city
The finding literally gives the com
nissioners new lease of life. An un-
favorable verdict would have OYER
thrown their administration COM
pletely.
The indications, however. had all
been in their favor They had gained
one important victory when Justice
Swayze ruled that the so-called vail
dating act, passed recently by a
special session of the State Legisla-
ture. was constitutional and applied
to the action before the court.
Only One Point.
In his charge TO the jury the JUS
tice said that only one point had to
be decided. If the jurymen We're con-
Vinced that the ballots of the gen
eral election in November. 1912. had
actually been destroyed in the man
ner alleged by the commissioners a
verdict would have to be in their
favor. If, on the other hand. there
was any doubt that those ballots
We're destroyed. or any question. that
the ballots were those that had been
used in the 1912 election. a verdict
would have to be given against the
commissioners.
The last stages of the trial were
sensational. Michael L Fagen, the
present city clerk. testified that forty
three poll books were not in the city
clerks office when he assumed
charge after the rout of the Wittpenn
administration.
II don't even know the names of
the election officers of the missing
districts" said Pagan, although the
county board may have that informa-
ton"
The final determination of the case
hung upon whether or not the
last general election ballots had
been destroyed If they had. the as
sumption that the commission form
of government was valid would be up
held. If they had not. the opposite,
so far as the issues before the court
We're concerned, would be true.
To establish the destruction of the
ballots. former State Senator William
d. Edwards. of counsel for the COM
missioners. called a number of wit
nesses.
Frank Breen, a driver for the st.
Vincent de Paul Society, testified that
he had called at the City Hall for the
ballots. Leo Gilfoyle, manager for
the society, told how he had received
the waste paper. noted that ii was
made up of ballots for the most part,
and shipped it 10 New York.
James l. Courtney, a dealer in waste
paper, testified that he had~received
the ballots in two shipments on Feb
ruary IS and March "a last, and had
sent them to paper mill in
! -
the shipping department of the mill.
said that he had received the ballots
and that they had been ground up to
pulp and destroyed.
Dixon Versus Milton.
Warren Dixon, who conducted the
case against the commissioners, was
himself one of the parties to the suit.
He was asked by Mr.. Edwards what
facts he was willing TO admit in his
case against John Milton, the present
corporation counsel.
Il admit" retorted Dixon, that
Mr. Milton is exercising the fran
chises of a position which he has
been given by a body without legal
authority"
At this point John H Morris. the
former city clerk, was called in re-
buttal. Strangely enough his testi-
mony was favorable to the commits
sioners.
He said he had computed what he
would consider 80 per cent. of the
votes cast for the Assembly candi-
dates in the 1912 general election. The
total number of vots was 35.5SS, ac-
cording to his computation, and the 80
per cent. required by the Walsh act
was therefore 1856.
When Mr.. Edwards had established
the fact that there had been 11,422
votes cast he remarked:
Il think those are pretty sensible
figures of yours. Mr. Norris
After Mr.. Dixon and Mr.. Edwards
had summed up Justice SwayzeI
charged the Jury briefly.