Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-05-01
HOME RULE ACT
IS A D|STURBER,
SAYS VAN SYCKEL
Until Its Advent the Walsh
Measure Was Clear in
Operation.
COURT DECISION NEEDED,
DECLARES FORMER JURIST
In a Careful Review of the Law
Matters of Conflict and Doubt
Are Pointed Out.
Especial to the Evening star.I

IRE<AS ION, may L-I OInieI gu
preme Court Justice Bennet Van
Syckel, of this city. today furnished
the Evening Times, of this city. with
the following opinion on the Hennessy
home rule law, enacted by the last
Legislature and recently signed by
Governor Fielder:
To the Evening Times:
81 have read with much interest
the opinion of Messrs. Hawkins,
Delafield & Longfellow as to the
effect of the Hennessy act upon COM
mission government in the city of
Trenton. In compliance with request,
] give you my opinion of that legisla-
tion.
Insofar as they have discussed the
legal questions involved, 1 concur in
the views they have expressed. 1t
is clear that the Walsh act left in
the city of Trenton all the powers
vested in 1t by it's charter or by any
statute at the time it adopted COM
mission government. The Walsh act
did not reenact the charter or
statutes, It did not add anything to
or detract from their force or effect;
it merely created new machinery for
the exercise and administration of
the powers of local government which
had been previously granted to the
city The right to borrow money and
issue bonds was one of the powers
which had been expressly conferred
upon the city and which was possessed
by it when the commission form of
government was adopted.
Hennessy Act the Disturber.
"The disturbance and doubt was
created by the Hennessy act amend
ing the first section of the Walsh
act The section as amended pro-
vides that such municipalities shall
be and are hereby declared to be a
distinct class of municipalities and
shall not be subject to any laws of
this state except laws applicable to
all municipalities of this State other
than counties and school a stricts'
This Is equivalent to declaring thai
tNe csx # Trenton. under the Walsh
( act, shall be subject only to laws
which are applicable to all munich
paiities of this State other than coun-
ties and school districts. It has a
twofoid Purpose
Il. 1t grants underlined powers OF
local government by an orninous pro-
vision.
"2. 1t denies to the commission gov
powers not possessed by all munich
palities of the State.
This raises a very important, and, |
think, a controlling question, to which
the attention of Messrs Hawkins,
Deiafield e. Longfellows does not seem
to have been directed. i
Our State constitution, article W.,
section VII, paragraph 4, provides as
follows:
J" NO act shall be passed which shall
provide that any existing law, or any
part thereof, shall be made. or deem-
ed part of the act. or which shall
enact that any existing law. or any
part thereof. shall be applicable, ex-
cept by inserting it in such act
"Is a statute constitutional which
purports to grant powers of local
government by general reference to
existing statutes, without specific
reference to such statutes, and with
out inserting them in the act?
Creates Distinct Glass.
"The Hennessy act creates a dis
tinct class of cities and then attempts
to grant to the class certain powers
Of government by the language
have quoted. The constitutional pro-
vision Is expressed and prohibitive;
effect must be given to it.
1.-THE Hennessy act distinctly pro-
vides that not only the existing law,
but that a large body of laws, the
purport of which is not even indicated
and which no man can with certainty
enumerate, shall be deemed part OF
the act, and shall be applicable to the
commission government.
"It declares that a large body OF
flaws, not specified, shall be applicable
to municipalities that have hereto
| fore adopted or shall hereafter adopt
commission government. and thereby
re-enacts such laws, and also repeals
all previously existing laws which are
| not applicable to all of the class.
"Could the members of the Legisla-
ture who voted for the Hennessy act
have known what laws they were Civ
| ing to this class of municipalities?
"Did the man who drafted the act
know? To acquire that knowledge 1t
will be necessary to ascertain what
laws are applicable to each munici-
pality and then reject every law not
common to all.
"The purpose of the constitutional
mandate was to prevent legislation
the object of which was not apparent,
or which could not be readily ascer-
tanned by reference to the act which
Il, passed, and to the particular act to
which it is a supplement.
"This seems to have been the view
of our courts in the cases which have
arisen under it.
Tn Campbell VS.. Board of Phar-
macy, 16 vr. 241, the act in question
was an act to regulate pharmacy. The
act provided a penalty for its viola
ton which was to be sued for in the
same manner provided by statute for
the recovery of penalties in other qui
tam actions.
As 10 Complete Statute.
'Mr. Justice Depue delivered the
opinion of the court sustaining this
statute. He said the pharmacy. act
was a complete statute in ITSELF and
did not make the act for the recovery
Of penalties any part of it. He adopt
ed the rule of the New ~ nalEt.
that reference is made
not to affect, or quail
of legislation, but
formal execution
ed by the law.
Bradley & Y VS..
Loving % vrx of a
supplement IS lien
law. extend md pro-
yiding tn shall be
liable "a the man
ner prI ion of the
act u as valid:
to as. pose of the
law only to re-