The Penn's Grove record., 1915-11-19
All Elections Under Preferential
Primary Act Are Legal.
ANNOUNCE MANY DECISIONS
Atlantic City Officials Get stay-West
Hoboken Policemen Lose Their
AppeaI-State Has Right to
Stop Pollution of Water.

Appeals upheld the conSt1tutlonallty
of the Hennessy preferential primary
law, which was attacked as a result
of elections held in Bayonne and New
Brunswick. All elections held d
the act are made certain by the courts
ruling.
The Bayonne election was attacked
by John o.. Devlin and another, and
the New Brunswick election by j..
Frederick Orpen.
One of the novel contentious pre-
scented to the court was that the pre-
~ferential voting system involved in
the elections was in effect a form of
legalized gambling and was therefore
unconstitutional.
This argument was advanced by
Elmer w. Demarest in the Bayonne
case, and was based upon the ground
that the preferential voting law pro-
vides for a choice by lot, in the event
of these being no decision by other
choices.
The cases were before the court on
appeals from the action of the SUI
preme Court in dismissing the writ of
certiorari allowed to review the cleo
tons. The Bayonne proceedings were
directed against City Commissioners
Henry Wilson, Horace Robertson, Hugh
Fl. Mara, Matthew T. Cronin and
Pierre P. Garvin and City Clerk
William P. Lee.
The defendants in the New Bruins
wick case were City Clerk John Wat
son and Edward F. Houhton, James
Mershon, John J.. Morrison and
Charles A. Oliver.
PatroImen Lose.
The action of the Town Council of
West Hoboken in removing a num-
Der of patrolmen from the police force
January /, last, without charges OF
formality of trial, was sustained in an
opinion by Justice Minturn.
The court held that the protesting
patrolmen had not sustained the bur-
den of showing that the Town Coun-
Gil has any reason for the action,
other than it's desire for economy.
The patrolmen joining in the pro-
ceedings were John Runge, Ferdinand
Meisse, Franklin r. Wiese and Mi
chael Queleve.
May Stop Pollution.
The right of New Jersey to prohibit
the pollution of the Delaware River,
Notwithstanding lack of concurrent &C
ton on the part of Pennsylvania, was
sustained. The court affirmed the de-
cree of Chancellor Walker upholding
the order of the State Board of Health
requiring the town of Phillipsburg to
cease pollution of the river within one
.year from the service of a mandatory
Injunction.
The Philipsbure pollution case has
been pending before the courts and
the Legislature for nearly nine years.
The decision is important because it
Involves the entire movement by
which the State authorities are seek
Ing to purify the river.
Two important facts established in
the opinion of Justice Swayze are
that the title of the act of 1900 does
not limit the scope of the Legislature
so the prevention of pollution of the
States streams by means of a State
Sewerage Commission, and that the
act of 1908 vesting in the State Board
of Health the powers of the State
Sewerage Commission is constitution
al.
councilmen Win Case.
BY a divided vote of six to five the
conviction of Harry Dougherty and
Atlantic City, involved in the con-
crete walk scandal brought to light
a few years ago, was set aside by the
court. The majority opinion was writ
ten by Judge Swayze.
Chancery Court Sustained.
The Court of Chancery was sus-
tanned in refusing to set aside a di-
vorce granted to the late Barthel-
emf L. Givernaud in 1872. Mr.. Giver-
maud, a silk manufacturer, formerly
of West Hoboken, left an estate val
ued at $298, 900. The bulk of the prop
erty was left to the children of a Sec
ond marriage contracted Immediately
after he had obtained a divorce in
the New Jersey courts.
Both Mr.. Givernaud and his former
wife, Madame Marie j. G~ivernaud,
whom he married in France in 1866,
are dead, the litigation being conduct
ed by Joseph F. Plain, as admins
traitor, against Charles l.. Givernaud
and another heir.
Foot and Mouth Disease Disappearing.
The foot and mouth disease in con-
fined at present entirely in the State
of Illinois according to advices from
the Department Of Agriculture. 1t is
also reported that the Secaucus dis
trict, in Hudson County, is all free
area excepting within three miles of
the premises of Fred Blatz, at Secau-
Gus
In the month ending October 81, the