The sun., 1915-06-27
MISTAKE IN JERSEY
STATUTE CHARGED
Question Raised Regarding
Bill Creating Labor and
Industry Board.
WAS VETOED BY FIELDER

ment was made here few days ago
that Mercer County Prosecutor Martin
+. Devlin, acting in behalf Of George
G. Low, chief of tho Bureau OF In
dustrial Statistics, intended TO ask the
Supreme Court to decide whether the
act consolidating that bureau with the
Department Of Labor had been properly
passed.
The report was that application was
to be made Tuesday, but as no move
was made then 1t is probable that the
lawyers have taken the case under fur
ther consideration befote attacking the
validity of the law.
1t is contended by Prosecutor Devlin
that the bill that was vetoed by the
Governor. passed over the veto and filed
with Seq etary of state Martin Is not
the bill that was actually passed. CLERK
having made a mistake In the records
The bill in question, Senate No. b, was
one OF tho series presented by the Econ
omy and Efficiency Commission. and
In it's original form created the Board
of Labor and Industry. to take over
the duties and powers OF the Bureau
of Industrial Statistics and the Depart
nrent OF Labor. Tho terms OF Office OF
Chief Low and Commissioner Bryant
were termneted.
subsequently a movement was started
TO save Commissioner Bryant, mako him
the head Of the new bureau and extend
his term for 1--WE years, az Gov Fielder
had Indicated his intention of displac-
ing Gen. Bryant, whom he accused OF
playing politics. Thereupon the Demo-
cratic Senators, who had not been over
enthusiastic in favor OF tho consolida-
tion bill. went on record against It and
| mad a good excuse for so doing
Senate No. 8 was reported from the
Judiciary Committee by substitute. Be-
cause the clerks failed to refer to the
| bill subsequently as substitute for
Senate No. IN making up the official
record II Ia contended by Chief Low
| that the Senate and House did not regu-
larry pass tho bill that was fled with
the Secretary OF state as law.
To save Chief Low, who Is former
| State Senator from Ocean county, Il was
proposed to proceed under an act passed
n 1873 which authorizes tho supreme
| Court on tho petition OF two citizens
who have reason TO believe that law
or Joint resolution was not duly passed
by both houses OF the legislature or
duly approved as required by the Con-
| stltution," TO inquire into tho facts
and circumstances" and. II satisfied
| that the law WAS not properly passed or
| duly approved, to decree tho same or
any part thereof 10 be null and void"
| IL requires that the final hearing shall
| be before the Chief Justice and at least
| three Associate Justices. and that no
decree annulling law or JOINT resolu-
| ton may be made except with the con-
! currence of al least taree Of the jus
tees The Governor may direct the At
torney-General TO begin proceeding. II
| he has reason to believe there has been
| failure to observe constitutional require
ments.
GOV Fielder 10 a lawyer and he was
strongly opposed 20 the economy and
efficiency bill thai deposed Low Demo-
crat. and kept In office Bryant, = Re-
publican. lie served in the Senate with
! Low. and II there was a chance OF saving
him, by petitioning the supreme Court
there is no doubt that steps would have
been taken 10 test the validity OF the
new law before this time.
Tho fact Is that nobody was deceived.
There was no bill before tho last Legis-
lature that was so thoroughly considered
favored and defended by the Republic
cans: criticised and condemned by tho
| Democrats. Governors and political
platforms have recommended abolition
OF the Bureau OF Labor statistics. which
was tho official title OF tho department
until changed n year ago.
1t was created nearly forty year.
ago IN compliance with what was re-
Earded as demand from organized
labor for recognition. For about twenty
! years the chief was representative OF
organized labor. but later on the depart
ment fell into the hands OF politicians.
II never had sufficient financial support
| 20 enable IL 10 gather statistics that
possessed any value, and such adverts-
| ing as IT has been getting in recent
| years has been obtained through favor
and on request rather than through
merit.
But whether there Is either demand or
need for such bureau is OF no par
| t.Cular interest IN connection with the
threatened proceedings In the supreme
Court. The question Is whether the
failure Of a clerk 20 refer to h.ll ns a
Substitute" is sufficient to defeat tho
legislative viii and whether the court
may go behind the official records 70 de-
termine the validity OF n law
Never has a law been attacked IN the
manner proposed when there was so
little justification for attack. and II is
doubtful whether Prosecutor Devlin,
after making a thorough investigation.
viii file petition in the effort TO keep
Chief Low and his assistants IN the
places they now hold.
The new law goes into operation on
THURSDAY ~ next week.