The Penn's Grove record., 1919-07-04
Attorney General Says Law Il
Unconstitutional Because it
Is Discriminatory.
PRIVATE INTERESTS TOUCHED
Recommends That Suit Be Brought in
the Name of Some Individual
Affected by the Alleged
Discrimination.


is discriminatory and therefore uncon-
s~titutional, was given by Attorney Gen
eral McCran. and action toward fight
ing the measure in the New York
courts will be taken Immediately.
The opinion. which was given by the
attorney general at the request OF
Governor Runyon, states that while il
is apparent TO all flat there IS dis
elimination affecting large numbers Of
New Jersey citizens, the wrongful I'M
position of the taxes does not, III the
legal sense of the term. involve a qHes-
ton of public right. 1t is, on the con
trary. a circumstance in which private
interests are infrin@ed.
In view of this fact, the attorney
general recommends that suit be
brought in the name of some individual
affected by the alleged discrimination
and, as the suit will have TO be tried in
the New York courts, he suggests that
eminent New York counsel be employ
ed to represent the interests of the
plaintiff. John w. Griggs, former
governor and former attorney general
of the United States, who practices in
New York state. will probably be III
ployed for this purpose.
Retaliation Threatened.
Governor Eunyon has appealed to
Governor Smith of New York to lay
before the legislature of that state the
grievance of thousands of citizens of
New Jersey who are threatened with
financial loss through the unjust and
discriminatory personal income tax
elaw recently passed by New York, and
which provides a taX on nen-residents
at double the rate that is to be i'm
posed on citizens of New York. Coy
ernor Rnnyon's message, While mild
and respectful in language suggests
that decisive retaliatory action on our
part may be taken if the unfriendly
attitude is maintained.
That is as far as our governor can
go at present. He has shown his
intention of protecting the interests
OF the people of this state: and If
the New York legislature neglects or
refuses to amend the new income tax
law, drastic steps will be taken. That
the act is unconstitutional is recog-
nized at Albany, for State Comptroller
Travis has given notice that he will
not attempt to collect the extra II
per cent. tax from ~Jerseymen. The
selection of certain parts of a law TO
be enforced, while other provisions are
to be ignored. is a novelty in jurispru-
dence and politics.
Governor Smith evidently was i'm
pressed by the representations made
by Governor Runyon, because in his
reply he admits that there is zone pos
sible injustice and one error in the
law as applied to no~n-residents, and
he intimates that amendments should be
made that will secure to Jerseymen
the guarantee of the Federal ConStitu-
tion-"all privileges and immunities OF
citizens in the several states"
Finds Filthy JaiIs.
Charging that men are compelled to
live under conditions that constitute
a serious menace to their health, .Jo-
seph Thompson, inspector Of inStitu-
lions, in a special report to the De
partment of Charities and Corrections.
severely criticizes the public iails of
Phillipsburg, Hackettstown and Belyi-
dere, and recommends that they either
be abandoned or improved to make
them fit for human habitation.
Mr.. Thompson described the Jail at
Hackettstown as being in a filthy on
dition 1t is located, he said, in a
dark, damp and poorly ventilated cell
lar, and its floor is constantly covered
with the overflow from a cesspool in
the Jail yard. Almost similar condi-
tons prevail at PhiIIipsburg, accord
ing to the report, and Mr.. Thompson
strongly urges that these .jails be ADAM
doned. At Rutherford the Jail vas
found to be in an extreme state of an
cleanliness and without adequate toilet
facilities.
The same intolerable conditions
found when the Jail at Belvidere was
inspected last January, continued when
the place vas recently inspected, the
report stated. Promises by the Board
of Freeholders of Warren county that
improvements would he made have not
been fulfilled, and the same inferior
quality of food issued to the prisoners
continues to be served, Mr.. Thompson
reports.
Sea Girt is awaiting with some de-
gree Of impatience the arrival of Gov
ernor and Mrs. William N. Runyon.
who will occupy the Little White
House this m Governor Run
yon has tentatively set July l as the
date for his arrival there, but it is he
lieved that he and Mrs. Runyon will
come in time TO open the executive cot
tage for the next week end holiday
Social activities are being
planned by the hotel and cottage folk,
but the Inauguration of the umner
season is never considered complete
until the Little White House is occu-
pied.
Governor Runyon's announcement