Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1923-04-07
S|LzER WANTS
ACT SET ASIDE
Say Measure of Senator Ma
this Was Passed by Leg
isIature Illegally
ORDERS COURT ACTION
lnstructs Attorney General to
Petition Supreme Court to
Make Law Null and Void
ORDERS COURT ACTION

TRENTON, April 7.-Governor
Silzer. today officially took notice of
the rumors which are being circulat-
ed that the road grab" act of Sena-
tor Mathis, of Ocean, adding to the
State Highway System a road from
Camden to Toms River, was illegally
passed, when he asked Attorney
General Thomas F. McCran to petit
ton the supreme court to set the law
aside and declare 1t null and void.
The request of the governor was
contained in letter to the attorney
general in which the executive as
serted he had been advised by per-
sons present in the assembly cham
ber when the bill was up for pass
age, that the required number of
votes necessary for passage was lack
ing. 1t was further charged that
certain members of the House were
recorded in the affirmative on the
Mathis bill when they were not pres
ent OF were not voting.
The Mathis bill was vetoed by
Governor Silzer with other bills add
ing mileage to the state road system,
according to Silzer's declared inten-
ton to veto all such bills passed. The
alleged irregular passage of the bls;
was over the governors veto.
In. his letter to. the attorney gen.
eral, the governor said:
'.I have been informed that Chap
ter 1874 of the Laws of 1928, pop
ularly known as the Mathis BILL
was not duly passed by both Houses
OF the legislature. as required by the
constitution of the state.
II hr e been advised by persons
present that at the session of the
legislature when the bill came be-
fore the House of assembly, on the
motion to pass the bill so that the
same might become a law notwith-
standing the objections of the COVER
nor thereto, the required number of
votes of members of the House of
assembly was not. in fact, obtained.
and that certain members of the
House were recorded as voting in
the affirmative when as matter
of fact, they were not present or
voting.
Therefore, by virtue of the power
and authority conferred upon me, as
Governor of the State of New Jer-
sey, by the Pamphlet Laws of 1873,
page 27. do hereby direct you, as
Attorney General, to present pc
tftion to the supreme court of this
state, setting forth the facts and cir
oumstances relating to the passage
of this bill, as above related, and
praying, in said petition, that said
law may be decreed to be null and
void.
"I would also suggest that you
take such further steps as you may
deem to be in the public interest
and to enlist such other public off,
GERS whose aid may be required"
The charge has been made that
there were five members of the
House of Assembly who were record
ed in the a@lrmative when the bill
was up for passage over, the COVER
nor's veto, who were not in the as
sembly chamber at the time. The
ftve members were said to be Assem-
biymen Adams of Essex, Compton OF
Union, Dater and De Lorenzo of Ber-
gen, and Mccullough of Somerset.
The bill received, according to the
xecord of the clerk of the House
2barty-five Affirmative votes. There
were thirty-one votes needed for Its
passage. If the charges which are
being made are true, the bill lacked
ono vote OF passage.
The governor has been understood
10 have been revolving in his mind
for some time some method of pro-
cedure to be followed in investigat-
snx the passage of the act, and II
the charges Of illegal passage are
true, of having the act nullified.
When asked recently as to his
course under the circumstances, the
governor replied by saying that he
would have to consider the question
as he had not decided what course
to follow. The governors request tC
the attorney general is the first indi'
cation of the resolution he has
reached with regard to the act In
question.
The Mathis act, IL Is said, would
! add about SO miles to the state high
way system, and II the contemplated
road were built, it is estimated tha
the route would cost over one mil
lion and a quarter of dollars.
The route as indicated In the bill
itself would run from Camden tt
Merchantville and thence through
Moorestown, Mount Holly, Pember'
ton, New Lisbon, Browns Mills ant
Lakehurst to Toms River,sending a.
the junction of Route No. with the
Toms River-Lakehurst road at Tom
River.
The State Highway Commission
according to the bill. is to lay out thu
(Continued on page twob
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