Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-04-23
COMMISSION RULE
SUPPORTERS MAY
PROSECUTE CLERK
Petitioners in Kearny Angry
Because Election Date Has
Not Been Fixed.

Declaring that Town Clerk William
! b. Ross, of kearny, had not made
| satisfactory answers when quizzed
today regarding the matter of calling
| special election for the purpose OF
determining whether or not Kearny
voters want commission government
James Gillespie, counsel for the Kear-
ny Commission Government League
said at noon today that no Ame will
be lost in bringing the matter before
Prosecutor Robert 5. Hudspeth, OF
Hudson county, with a view of ac-
complishing the arrest of Mr.. Ross on
a charge of malfeasance of office.
Such procedure was advised last night
by former Judge Robert Carey, at a
meeting held by the league in the au-
ditorium of Lincoln School, Airing
ton.
Mr. Gillespie and other members OF
the league called at the town hal
this morning and asked Mr.. Ross
when he proposed to call the election.
Mr.. Ross said he could give an
answer when he completes the work
of canVassing the names. Asked
when that would be, he said he could
not tell for sure, but 1t might be
Saturday. This answer did not sat
isfy the committee
It was decided last night to go
directly to the prosecutor today, but
Mr.. Gillespie said he believed the
matter might be settled without such
procedure, but inasmuch as Mr.
Ross did not cooperate with US in
our attempt to settle the question
without litigation, we have nothing
else to do but carry out the instruc-
tions of Mr.. Carey. The town has
had too much litigation as 1t Is and
we wanted to avoid any more" said
Gillespie.
The advice of former Judge Carey
was given last night in RESPONSE to
question asked by Edward J. Gaf-
ney, president of the Kearny League,
at a mass meeting in Lincoln School,
Arlington. Mr.. Gaffney explained pc
titions requesting the special election
had been presented to the town clerk
Monday, April 10, and, according to
law, Mr.. Gaffney contended, yesterday
was the last day on which the call
could be made for an election next
Tuesday.
I'VE want to know where we are
at" said Gaffney. after he had I'm
ished his explanation. IF the clerk
has neglected to comply with the
law" began Mr.. Carey, send COM
day). one to the Supreme Court for
an order compelling the clerk to show
cause why an election should not be
called by him. Send another com
mittee to the office of the county
exp ain the case to that
official and ask him to make com
plant to a county judge and have
warrant issued for the arrest of the
clerk of malfeasance of office.
IF any officer of Kearny or any
other place openly violated the law,
he ought to be In States prison!
Numbered Mr.. Carey. Former Coun-
Hugh Wilkie, of kearny, who
was at the meeting, explained he was
a friend of Mr. Ross and wanted to
defend him. Wi,kie said he did not
believe Mr.. Ross meant to place any
straw in the way of an election. In
ending his remarks, the former coun-
Gilman declared Mr.. Carey knew Mr..
Ross. Mr.. Carey said he did not care
whether he knew him or not, If he
violated the law, he should be pun
ished. ...
Mr.. Gaffney, who filed the petitions
with the clerk, explained that an affl-
davit appeared on each one and that
the names We're procured according TO
'aw. Acting upon the advice of Mr..
Carey, the following committee was
named by Mr.. Gaffney to confer with
Justice Swayze and Prosecutor Robert
s. Hudspeth today: Mr.. Gaffney,
James Gillespie, Walker w. McCar-
roll, Alfred l.. Moorshead and Charles
]. schmidt Mr.. Gillespie is counse.
for the league.
Mayor Seger, who is at the head of
the government of Passaic, under
commission rule, told of the good re-
suits that are being accomplished in
his city.
Town Clerk Ross, having been
granted an order from Justice Swayze,
procured the poll books of the last
and yesterday began the
work of canvassing the names on the
petitions submitted by the league.