The Monmouth inquirer., 1923-04-19
Governor SiIzer Orders Attorney
General to Attack Mathis Law
in Supreme Court.
AFFECTS 200 MILES OR MORE
Seven Measures May Be Dead-Last
Highway Bill to Become Law
Seems to Have Upset Those
Preceding 1t.

ASCC0AA6O "a bAO
Court to upset the Mathis road act,
which was passed by a House roll
call in the closing moments of the
session of the Legislature. At the
same time a question was raised as to
the validity of eight road plans, total
ing more than 200 of the 297 miles
of new highway provided by this
years Legislature. The Mathis bill is
included.
In his communication to the Attor-
ney General for the court action the
Governor invokes the provision of the
act of 1873, providing a method for
setting aside laws improperly passed.
The Mathis bill is intended to estab-
lish a route in the state highway sys-
TEN SO miles long between Toms
River and Camden.
Mr.. McCran is officially advised in
the Governors communication re-
specting the irregularities accompany
ing the passage of the road measure
over the Governors veto in the House
by recording afirmatively members
not actually present when the vote
was taken. The Governor suggests
that, in addition to petitioning the
court to investigate the circumstances
surrounding the passage of the bill,
Mr.. McCran should take such further
steps as he may deem to be in the
public interest, calling for aid from
such other public officials as may be
required.
Governor Silzer's Instructions
The full text Of Governor Silzer's
communication follows:
81 have been informed that Chapter
1874 of the laws of 1923, popularity
known as the Mathis BILL was not
duly passed by both houses of the
Legislature, as required by the Con-
stitution of the State.
Il have been advised by persons
present that at the session of the Leg
islature when the bill came before the
House of Assembly, on the motion to
pass the bill so that the same might
become a law Notwithstanding the OBJ
jections Of the Governor thereto, the
required number of votes of members
Of the HOUSE of Assembly was not, in
fact, obtained, and that certain mem
bers of the House were recorded as
voting in the affirmative when, as a
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 Jersey,
by the pamphlet laws Of 1873, page 81,
| do hereby direct you, as attorney
general, to present a petition to the
Supreme Court of this State, setting
forth the facts and circumstances re-
lating to the passage of this bill, as
above related, and praying. in said Pc
tition that said law may be decreed to
be null and void.
II would also suggest that you take
such further steps as you may deem
10 be in the public interest, and to en-
list such other public officers whose
aid may be required"
Newark Plank Road Affected
IF the views of those who have scru-
tinized the road plans is correct, only
three of the road acts can survive.
These are House 256, now Chapter
1873, and House 421 and 48, now Chap
ters 201 and 202, respectively, which
became law subsequent to House 256.
House 256, which was fathered by
Assemblyman Stratton, of Gloucester,
not only sets up a new highway route,
but gives in detail what shall be the
State highway system. Seven of the
bills that became laws previously are
not included, and one of them, a com
bination Of Senate 104 and ITO is in
Guided in part. Also the Stratton bill
eliminates stretches Of the highway
provided by enactments in previous
years, SO that these acts may be re-
garded as repealed.
Included in the latter class is the
road between Elizabeth and the en-
rance to the new vehicular tunnels
in Jersey City. the road to connect
with the new Delaware River bridge
in Camden and a spur on the Trenton
Camden route. The first emoves the
Newark plank road from the State
highway system and leaves open to
legal question whether Essex and
Hudson will not be compelled to main
tain that highway and even rebuild
the Hackensack river bridge.
The two bills which may be de-
clared to be valid because they be-
came law after the enactment of the
Stratton measure carry these provi-
sions: House 421, by Assemblyman
Gibbs of Camden, a road leading from
Berlin to Blue Anchor and thence to
Mays Landing; and House 48 by Mr..
Powell of Burlington, from Five
Points, Burlington County, by way Of
Moorestown. Evesboro, Cross Roads,
Medford and Atsion, to Route 3 at
Hammonton. with a spur from Ewes.
boro to Merchantsville.
Routes That Are Questioned
These are the acts that are ques-
toned.
House %, by Mr.. TODD of Bergen,
now Chapter From Newark, by
way of Kearny. Rutherford. Hacken-