Newark evening star and Newark advertiser. [volume], February 04, 1910, LAST EDITION, Image 1

About Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916

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I LAST*?1 'I.LAST f I
E£I™N ! edition
..---- COMPLETE STOCKS
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ESTABLISHED 1832. ONE CENT._NEWARK. N. J.. FRIDAY. FEBRUARY 4. 1910.-20 PAGES. FAIR TONIGHT AND SATURDAY. ’
GOVERNOR
RESTORES
CAMPBELL
, Brigadier-General Ousted!
by Vredenburgh Act
Is Reinstated.
CAPT. CRISSEY, HOWEVER,
IS REFUSED FORMER POST
Maze of Complication Likely to
Follow Decision of State’s
Chief Executive.
[From a Staff Correspondent.}
TRENTON, Feb. 4.—Governor Fort,
as commander-in-chief of the national
guard of the State, Issued an order re
instating Brigadier-General Edward A.
Campbell as commander of the First
Brigade of the State. At the same time
ho refused to restore Captain John H.
Crissey, of Trenton, to his post ol" mili
tary store-keepei.
t General Campbell and Captain Crissey
were retired under the Vredenburgh
military retirement law passed by the
Legislature last year. Recently this
law was declared unconstltiitonul by
the Coer' f Errors and Appeals.
GoverniH Fort also orders Colonel
Edwin W. Hine. who succeeded General
( Campbell as head of the First Brigade,
back to the pt>si he formerly occupied
in command ythe Fifth Regiment.
This puts HiiV back to the rank of
colonel.
An Interesting situation and many
' complications are sure to result from
the action- of tho Governor. When
General Campbell was forced into re
tirement under tho provisions of the
Vredenburg act, Colonel Joseph H.
Brensinger, of the Fourth Regiment,
was named to succeed him. General
Brensinger wu3 then retired under tho
age-limit act, arid was succeeded by
< 'olonel Henry W. Freeman, of the
/ First Regiment, who was also retired,
and then _CoUmel Hine was named. 1
- .Copies of the Governor's order Were
lot lied at once to General Campbell ,
and Major-General Peter Fanner
Wanser, in Jersey City. The orders are !
as follows:
The Governor's Order.
la a proceding to test the ton
si itutlonulity of the second section
of flic act approved Marcn 2, 1909, rela
tl'-'o to the retirement of the commis
sioned officers of the national guard,
the Court of Errors and Appeals In the
/ ease of Campbell vs Gilkyson has late
ly determined that the order retiring
Brigadier-General Edward A. Camp
bell was in excess of authority con
ferred by said act, and General Camp- j
belt, having applied for a revocation j
of said order that he may resume his
command, it is hereby directed.
“1—That Colonel Edwin W. Hine, I
fifth infantry, who was by general or- j
ders No. 3, headquartersdlvlsion, dated,
April 7, 1909, assigned to the tempo
rary command of the First Brigade, In |
pursuance of general orders No. 12, j
office of adjutant-general, April 1, 1909,
is hereby relieved from such command j
and directed to report to bis home s^a- i
tton for duty. The major-general com
manding the division will Issue the nec
essary orders to carry the provisions
of this paragraph into effect.
■‘2—Brigadier-General Edward A.
Campbell will, upon the issuance of the
proper order ot the major-general com
manding the division, assume the com
mand of the First Brigade.
“J. FRANKLIN FORT,
"Governor and Commander-In-Chief.
1 "Executive Department. February 4.
1910, by order of the Governor. Wilbur
F. Sadler, Jr., che Adjutant-General."
V. MARKEJ STAND OWNER
FINED FOR LIGHT SCALES.
Isaac Goldstein, who Is the owner of
stands Nos. 55, 56 and 57 at the Centre
Market, was fined $25 in the First
Criminal Court yesterday afternoon for
short weight selling on January 15.
The complainant In the case was Hu- !
perintendent of Weights and Measures !
John H. Sullivan, who stated that his |
attention had been called to the mat- j
ter by Thomas J. Rowe, clerk of the
Centro Market, who said the scales
used by Goldstein were three ounces
lighter than a pound.
< Goldstein swore that he did not know
that the scale was light until the mar
ket clerk showed It to him. It Is the
first conviction that has ever been ob
tained against a stand-owner In the
Centre Market, although many com
plaints have been made.
It is said that the market commit
tee will take the case up at its next
meeting and will probably revoke Gold
stein's permit.
SUBSCRIPTIONS FOR TAFT
DEMONSTRATION GROWING.
Details of the plans for the. recep
tion to President Taft on his forth
coming visit to Newark to attend the
Board of Trade dinner, on February
23, are being rapidly worked out by
Secretak^' James M. Reilly and S.
IjeBChziner, the special committee ap
pointed for the purpose. It is expected
that a meeting of the joint committee
of merchants and representatives of
the Board of Trade will be held shortly.
Frederick T. Ward, treasurer of the
* fund for the decorations, has received
$25 from Lissner & Sons, bringing the
total received so far up to $545. Two
thousand dollars will be needed.
««'I>THK“HFAI.” VALUE VILI.E HABIT
from Lucy Weston, tonight, at the American
It rule Hall.—Adv.
a
GOVERNOR URGES
MUNICIPAL READS
Mayors of Fifty-seven Cities and
Towns of State Gather at
Trenton Conference.
NEWARK’S PROBLEMS ARE
OUTLINED BY MR. HAUSSLING
Tax Rate, Debt Limit, Single
Headed Commissions and
Shorter Ballots Discussed.
U'roni a Staff Correspondent.]
TRENTON, Feb. 4.—Governor Fort
told more than fifty mayors of Jersey
municipalities gathered in the Assem
bly chamber today in response to his
invitation that he favored single-head
commissions, uniform four-year terms
for all municipal executives, a shorter
ballot, government “directly respon
sible to the people," small boards of
freeholders and boards of aldermen,
“a local government supreme iri local
affairs” and less municipal govern
ment by State laws—in other words,
home rule.
The Governor opened tho proceedings
without ceremony and delivered his ad
dress from the speaker's desk. He
pointed out that never before in tills
State had there been a gathering of
the character he was addressing. He
likened it to the gathering of governors
at Washington.
Upon motion of Mayor T. Frank Ap
pleby, of Asbury Park, Governor Fort
was made permanent clmirman. Eater
it was voted, upon motion of Senator
O. H. Brown, as mayor of Spring Lake,
to have the Governor name committees
of five each on permanent organization
and legislation.
Governor Fort's Speech.
"No one has more delicate problems
to solve than the mayors of our cities
and towns. In the call sent out I sug
gested the following subjects as worthy
of your consideration: (1) Tax rate
and debt limit; (2) Municipal boards or
departments with a single hen/i; 4.3>
A State department of municipal ac
counting; (4) The appointment by the
mayor or other city authority, rather
than tho election of city officials, not
necessarily elective; (6) Shorter ballot
for municipal elections.
“The average tax rate in 1909 was
1.66. This year it will probably reach
1.75, tho maximum tux rate fixed by
the law.
“What shall be done with tho maxi
mum tax rate act is for the Legisla
ture. If they leave it, can you raise the
necessary revenue to run vour town
governments? If they repeal it, how
hign is it to be raised? These are vital
questions for the taxpayer.
“In connection with the debt limit
subject no question is quite so vital as
that of a sinking fund. Too many ]
municipalities neglect this important
matter, und those who have not neglect- 1
ed it have in many cases a very lm- 1
perfect and insufficient sinking fund
system. .Such systems should be uni- '
form and the law governing the fund !
should be strictly enforced. The sink- j
iqfi fund is the best credit preserver ■
that a city or town has.
“Municipal accounting is of the ut
most importance. Many of our munici- i
palities have Indifferent systems of j
keeping their accounts, and some, quite!
a number, I fear, have no regular or
efficient system of accounts and at
best an annual audit of tho city or
town affairs, it would cost but little
to each municipality under this system
of auditing and would insure independ
ent and non-political examinations. It
is a subject worthy of your best
thought.
"Municipal government has been
rapidly drifting to commission gov
ernment. Departments with single
heads are now being seriously con
sidered by those who are the most
thoughful on these subjects. There
should be but a single head in a city
or town, and that should be the mayor
Departments should exist with one or
more at their head (one is preferable
in my opinion), approved by the mayor
to holf office coexistent with the term
of the mayor and the mayor should be J
elected for not less than two years and
four years would be preferable.
“Every official in the municipality ]
except tho members of tile Council or
other legislative body should be ap
pointed by the mayor, with the consent
of the Council. It is the only way to i
concentrate responsibility. It is the
sure way to secure responsible gov
ernment, and I believe good govern
ment in cities.
"Tho police and lire departments of'
our municipalities should be absolutely
free from partisan control, with a
fixed tenure to a certain age, at which
age they should be retired on a fixed
pension for life. This would insure
competent men at reasonable salaries
and keep the departments at the high
est state of efficiency.
"Make the mayor not only chief ex
ecutive in name, but in fact. Hold him
responsible for everything In an execu
tive way in the city or town. It is
wisest in municipal matters as in pri
vate affairs to have someone who can
be held responsible.
"We have much these days about a
short ballot. I believe that in our
State wo have the shortest ballot of
any State in the Union. We elect In
the State only the Governor and the
Legislature. All other State officials
are appointive. It is the right system,
even if it is troublesome to the execu
tive. If he Is not willing to assume the
responsibilty he should not accept the
office. It would be better if every
county official were appointed by some
official or board. City councils and
boards q£ chosen freeholders are too
large. In counties where ttie act for
the smaller board has been adopted
(CnflKtd M Tenth Fag; )
GARVEN, BUSY, 100,
STILL HAS TIME
FOR MEAT PROBE
Hudson Prosecutor Only Has
1,000 Cases on His Hands,
but Is Not Overrushed.
MR. MOTT HAS NEW REASON !
TO EXPLAIN HIS ATTITUDE
Now Says Investigation of Trust
Is Work for Federal Grand
Jury.
—;— !
Prosecutor Mott continues to be "too
busy” for -any Essex county investiga
tion of the causes of the high prices of
meat. He doesn’t care who knows he
is ’’too busy” for work of that trivial
character. It was learned today that
Prosecutor Garven, of Hudson county,
also is a very busy man. Ho has about
1,000 cases on hand now, he suid, and |
averages sixty a week throughout the i
year.
But despite this rush of work— i
almost as much, perhaps, as the pros- j
ecutor of Essex county must contend :
with—Prosecutor Garven Is vigorously j
conducting an investigation into al
leged cold-storage abuses in Hudson,
which is attracting the attention of the
entire country, and bids fair to start
rolling a ball which will revolutionize
certain conditions which obtain in con
nection with foodstuffs.
More bottling Uoluft.
Asked once again today whether he
intended to probe the beef trust or take
any official' action, Prosecutor Wilbur
A. Mott said, as he closed a law-book .
with a "bang” that atartled his callers ,
in tlie ante-room;
“As far us I am concerned, my posi
tion remains unchanged. In other I
words, 'there's nothing doing’ as far
as this office is concerned.
"My position in the beef trust mat- |
ter,” lie added, "has been, and is, that |
that is a matter for the Federal grand
jury. As far as cold storage is con
cerned, I have not, as yet, been able i
to discover that it is any crime to keep ,
things in cold storage or to be in that (
sort of business.
”1 understand, of course, that tlie
newspapers need big headlines,” he
went on, "and here is their oppor
tunity. At the same time I don't Bee
how these people in Jersey City, whom
the Hudson county grand Jury is after,
can be held responsible. They are mere
ly agents and do what the big follows
out West tell them to do. A principal
may be held responsible for the acts
of his agents, but the converse of that
proposition, that Is, that an agent may
bo hold responsible for the acts of his
principal, is not true.
"1 see." concluded the prosecutor a«
he once more opened ills law-book and
delved into it, "that Justice Hivayzc
will ciiarge the grand jury on the' mat- :
ter. What in the world he can say 11
surely don’t know, but, as I havu Bald j
before, X will await developments in
Hudson county.’.’
"Has any grund juror approached
you and suggested the advisability of
investigating these vital problems?"
asked the STAR man.
“Not one.” was the answer.
"Any citizen made a complaint?” was !
the next question.
"Not one,” 'repeated Mr. Mott as lie I
glanced ut the clock und said "Good1
morning!”
Manngern 1 net- Urnml Jury.
As the result of the inquisition con
ducted by Prosecutor Garven, of Hud
son county, into storage house condi
tions, superintendents and munagers of
local cold storage houses appeared be- i
fore tiie grand’ fury in Jersey City to- :
day. Each of the witnesses had been
subpoenaed to bring specified records
of the amount of foodstuffs, when it
was received and how long It had been
kept. They were P. D. Manchee, of
Swift it Co.’s Jersey City plant; D. S.
McCarthy, superintendent of the Union
Terminal Cold Storage Company; C. M.
Smith, manager of the Eastern States
States Refrigerating Company; John
M. Cosgrove, superintendent of the
Merchants' Refrigerating Company; H.
B. Tappen, freight agent at pier V of
the Uackawanna ftailroad Company;
Thomas G. Harrlng, city freight agent,
Hoboken, of the Uackawanna; E. J.
Bauer, Jersey City freight agent of the
Erie railroad, and E. Butler, Jersey
City freight agent of the Pennsylvania
railroad. 1
Prosecutor Garven told a represents- j ]
tivo of the STAR .oday that he was. :
endeavoring to line! out how much !
meat, eggs; poultry, fish and other ]
foodstuffs the cold* storage houses had i
on hand; how long they had been keep- !
ing it, and whether it had been stored i
for tlie purpose of depleting the market i
and enhancing prices. <
. He said he was making no effort to 1
find out the effects of cold-storage '
product foodstuffs on the consumer, as
ho would await the result of the Fed
eral investigation along that line.
Mark Sullivan, Democratic minority
leader in the Assembly, declared today
that the result of the Hudson county
investigation would doubtless be reme
dial legislation in this State. He said
the investigation as it is being con
ducted should got at the very root of
the evil.
Assistant Prosecutor Vickers, of Hud
son, conferred with Joseph Guisto, pres
ident of the County Tax Board, con
cerning a plan to place a heavy tax on
produce held in cold storage. Guisto
said the municipal authorities must
take the initiate in such a matter, and
that he would call It to their attention.
There is a nominal tax on such products
at the present time. With such a tax
the ratables of Hudson county would be
increased $15,1100,000, It is asserted.
The Investigation lias already re
vealed conditions which were sus
pected. It lias been the practise of the
cold-storage people, it is said, to collect
eggs in April and May, when they were
plentiful and cheap and hold them in
storage until December and January,
when the top prices could bo asked for
thi>»
J
OFFICERS AFFECTED BY
GOVERNOR'S LATEST ORDER
Cvlunel Edwin W. II Inc.
MANY WITNESSES
GALLED FOR PROBE
Of COLLINS CASE
Police Board to .Thoroughly In
vestigate Strange Circum
stances of Girl’s Departure.
From the number or witnesses) sub
joenaed to be present at the Investi
jution by the board of police, eommtr
iloners Into the tacts surrounding the
leparture of Dolly Collins, a. convicted
ihoplifter, 'from this country and the
lulpability—if any there be—of the po
ice In the matter, the probe is sure to
re doep and thorough.
For the police several witnesses have
been summoned to appear and tell just
what they know about the case. Among
these are Judge Simon Hahn, of the
First Criminal Court, before whom the
shoplifting case was tried; Sergeant
1'homas Connell, at the time of the ar*.
rest acting captain In command of the
letective bureau; Chief Corbitt, Cyrus
W. Vail, lawyer for the Collins girl;
Robert Sutphen, with whom the girl is
)aid to be In love and the suit for
(111,000 against, whom is said to tigure
argely in the case; Sergeant Joseph
Farrell, of the detective bureau, who
look the girl to New York and saw her
safely on the steamship; Sergeant Pat
rick J. Ryan, who is alleged to have
•ailed at the Warren street home of
he girl, with Farrell, aiid the Me
Dougalls, with whom the girl lived at
170 Warren street. Sergeant Corbally,
)f tile detective bureau, will also be
inlled.
Interesting developments are expected
n the case, and it is known that Ser
jeant Farrell, against whom the probe
jeems to be mainly directed, will have
several witnesses of his own to testify
:o the facts before the Board of Police
Commissioners in the hearing this after
joon. Superintendent Winwood, of
lie Market street store, in which
;hc theft for which Dolly Collins was
irrested took place, and James Hall
itead, the cabman, who Is alleged to
lavo taken the detectives to the Mc
Dougall home, will also appear before
;he Investigators.
The case to be brought out is
vhether or not Sergeant Farrell was
icting with authority or permission
vhen ho took tiie girl to New York
md saw her safely off for Ireland and
vhether or not the Sutphen case and
he subsequent suit for $10,000 which
vas said to have been suddenly with
Irawn accounted for the activity of the
>olice in getting the girl out of the
icuntry.
Sergeant Connell has already stated
o the STAR that he did not officially
.now that Farrell went to New York,
md that ho gave him no orders to do
o, nor even permission to go. The
learing today will determine whether
ir not charges are to he made against
Sergeant Farrell or any one else. As
istant City Attorney Charles M.
dyers will appear as counsel for the
ity, and Farrell, it is said, will also
ie represented by counsel.
The $6000
Proverb Contest
IS ;i “brain-exer
ciser” that will
_ brighten up the
—- dull edges of
your mental horizon.
See the second page
and get in line today
for one of the
52 BIO PRIZES
FREE
_ _*
T
«*
llrlg.-lien. Edward A. Campbell.
STAR'S PROVERB
PRIZES PRESENT
DOUBLE VALUE
Educational Benefits Are Derived
from Puzzles as Well as
Rich Awards.
"Anyone who fails to enter the EVE
NING STAR’S Proverb Contest is miss- I
ing an opportunity that they will -re- i
gret. It Is an event that should be re- j
membered as one of the greatest edu- ;
cational feats ever attempted or con- ]
ducted by newspaper, and all should
be proud to know that they were con
testants in the test of brains that has
sot thousands to thinking and reading.
I am proud that I have the opportu
nity to enter this great contest. The
prizes are the most tempting that I
have ever seen, and yet I will feel fully
repaid with the enjoyment and recrea
tion the "proverb puzzles’' furnish me
If I do not come in line .or a single re
ward. I a» deeply Interested in the
contest and the study of the proverbs.
The prizes are secondary in my con
sideration.’’
That’s Just the way a local contest
ant writes to the EVENING STAB,
and it shows the kind of spirit the con
test is creating everywhere. Thousands
of contestants arc commenting upon!
tl s contest, by mail and over the tele- j
phone. Many persons call personally |
at the STAR’S office to pr. se the con- I
test.
A contestant from Montclair, a young
man, writes that ho has already or
dered his automobile license for 1S10, ;
so that he will bo prepared when ho i
is notified that ho has won either the j
$1,100 Mitchell car or the $500 Reo run
about. A young woman contestant [
from the city says she is unable to
sleep thinking of rides she has prom- :
ised to give her friends, and still an
other in one of the Oranges naively
admits that she only wishes to win
either the $850 Lauter-Humana or the j
$750 Hallet & Davis player, she
already owns an auto.
The $0,000 in prizes are certainly the :
finest that skill can produce or that !
money can buy, and while they are1
really worth striving for, yet the raa- 1
Jority of contestants feel that the en
tertainment and pleasure derived from j
the contest Is sufficient to repay any
one w^io enters the contest.
It is the EVENING STAR’S wish
that all will profit by the opportunity
of entertainment and recreation the
great contest affords.
The prizes are now on exhibition at
the various stores from which they .
were purchased, and all contestants
are urged to visit these business houses
and view them.
’’Haven’t you started yet?” Then
see the second page and begin today.
FATHER SEEKS $10,000
FOR DAUGHTER’S DEATH.
Blames Investment Company for
Accident to Child.
After counsel had summed up, Judge i
Heisley in the Supreme Court 'circuit
this afternoon charged the jury In the
trial of the action for $10,000 damages
brought by William C. Johnson against
the Standard Investment Company for
the death of his little daughter, Grace
Eleanor, and the twelve men retired to
deliberate upon the verdict.
The girl was playing in the back yard
of her home, 430 Warren street, Septem
bor 8, 1906, when a pulley pole fell on
her and crushed her skull. It was
claimed by the father that the pole had
dry-rotted and he held the company, as
the owner Of the premites, responsible
for the accident. The defense was a
denial of liability, through Frederick F.
Guild, the company’s counsel. Charles
Hood represented the plaintiff, who
placed part of the broken polo in evi
dence.
COURT CALLS FOR MONDAY.
This is Monday’s call In the Supreme
Court circuit: Nos. SS, 86, 99, 52, 66. 70,
76, 77, 21, 44 and 80.
KKA1) STAR WANT ADS.
CIVIL SERVICE LAW
RULED INVALID BY
COURT OF APPEALS
Adoption of Act by City of Newark and Essex
County of No Eifect and Democratic Office
Holders Are at Mercy of Republican
Council and Board of Freeholders.
OriNION BY JUSTICE GARRISON
UPHOLDS ACKERMAN ACT OTHERWISE
IFrom a Stair Correspondent.!
TKEtfTON, Feb. 4.
THE Court of Errors and Appeals jhis afternoon decided that the thir
tieth section of tho Ackerman civil' service law is unconstitutional,
which means that the adoption of the act by the city of Newark
and Essex county is of no effect and that the Democrats, who were sup
posed to be protected in office by the formal acceptance of the law's pro
visions in 1908, are now at the mercy of the Common Council of Newark and
the Board of Freeholders of Essex, both overwhelmingly Republican.
The opinion in the case, written by Justice Garrison, of the Supreme
Court, holds that the Legislature lias the right to pass sucli a law and that
it is constitutional in every respect but the clause providing for its adop
tion by governing bodies of municipalities and counties by resolution or ordi
nance. It is held that the municipalities and counties may adopt tho law by
majority vote of the people, as provided for in section 31, and that in such case
the measure is absolutely within the spirit of the constitution.
SHERIFF PRODS _
POLICE HEADS TO
EKFORGE LAWS
Calls Conference of Officials to
Tell Them They Are Not
Doing Duty.
Heads of the police department were
closeted with Sheriff Harrlgan today
in a long secret conference at the
Court House.
The police officials came to the Court
House at the sheriff's invitation, and
there were present President Baader,
of the Police ^oard; Chief of Police
Corbitt and Captains I.ong. Christie.
Vogel, John Brown and Samuel Brown.
It is understood that the sheriff told
his guests he was getting tired of hav
ing constant complaints about saloons
being open all day Sunday coming to
him. He insisted that, the captains see
to it that the doors of every saloon be
closed at midnight Saturday and kept
closed for the remaining twenty-four
hours.
Sheriff Harrigan is understood to
have told the captains that he had been
informed objectionable houses are also
being maintained in various parts of
the city. He said that if these condi
tions were not immediately changed he
would take the entire matter out of the
hands of the police and attend to it
himself.
Sheriff Harrigan's guests gave out
the following interviews after the con
ference:
President of the Police Board John
Baader—"Are we asked to come up and
discuss witli the sheriff matters per
taining to the welfare of the depart
ment?"
Chief of Police Corbitt—“I had been
to a funeral and I was invited in to
see the sheriff and have a cigar."
Captain Oscar Vogel, of the Fourth
Precinct—"I came ddwn because ttie
sheriff wanted to see me.”
Captain Samuel Brown, of the Sixth
Precinct—“It's no one’s business what
the sheriff wanted to see us about.”
Captain Peter Christie, of the Third
Precinct—"We were discussing matters
which might tend to benefit the city
and citizens.”
Captain Michael Bong, of the Fifth
Precinct—‘‘We were discussing police
matters.”
WHOLE FAMILY DYING
AFTER LAMP EXPLOSION.
Man. Wife and Baby Are Ter*
ribly Burned.
PITTSBURG, Feb. 4.—An entire
family was practically exterminated
early today when a kerosene lamp ex
ploded, wrecking the home of Andrew
Pacie, in Walls, a suburb. Pacie, who
is 28 years old, was lying in bed, ill
with typhoid fever, while his wife was
In another room with a 4-days-old
baby
The lamp in the mother’s room
burned too low and exploded. Scat
tered oil ignited the furnishings of the
room. In. frantic efforts to rescue her
child and helpless husband, Mrs. Pacie
was fatally burned. The child received
the full froce of the explosion, and will
die.
Pacie, unable to rise from his sick
bed, watched the flames approach, and
was not rescued until the bedclothes
had caught fire. He cannot live, as his
condition even before the explosion was
dangerous. The couple had been mar
ried one year.
Smith & Thompson. KsL 62 years. New
nrk'H oldest family liquor More. 728 Broad
St, opp. e. O.—Adv.
> The first part of the opinion is ,
I voluminous. In reaching his conclu
I sion that the law is constitutional and
that the Legislature acted within its
■ authority in passing it. Justice Gar
I risen says:
"It has, I think, been made evident
by tho foregoing considerations that
I there are three views that may ho
i taken with respect to the existence of
I a constitutional limitation, by force of
I which the Legislature is prohibited
| from creating and providing for tha
I appointment of a commission to func
tion in the regulation of municipal
officers unless the members of • suclt
commission are selected from the citi
zens of such municipality.
"Practically, therefore, these views
ull converge to a common end that re
sults in our refusal to declare that th*
civil service act of 1908 is unconstitu
tional in the respects urged against tta
validity upon this branch of the pres
ent ease.
"Tills, for the purposes of the case
in harim disposes of the constitutional
question raised by the first query put
to counsel by the court.
“First, That no such limitation
exists, either as a provision of the con
stitution or as a spirit iiervading that
instrument. w„ \
“Second, That the right to create such
a commission, if not expressly en
joined, is impliedly conferred upon tha
Legislature by the amended constitu
tion.
"Third, That if either one of these
views bo tenable or even permissible
tlie contrary view is by that clrcum
slance alone rendered doubtful within,
the meaning of Chief Justice Marshall’s
rule that 'in no doubtful case will a
court pronounce a legislative act to
be contrary to the constitution.*
Having established the constitution
ality of the general act the court then
asks: ;,v£
Assuming that tlie Legislature has
authority to create such a commission,
so composed and clothed with such
powers, it cannot delegate to the gov
erning body of such municipality, In
stead of to tho voters thereof, the de
termination of the question whether
the powers conferred upon the com
mission shall bo exercised by It In tha
municipality.
Upon, the answer to that question
hung the fate of all those who are now
placed outside the protection of tha
measure and made subject to tha
operations of ihe old spoils system.
The answer to the question by tha
Court of Krrora and Appeals in sub
stance is "no.”
In a lengthy statement of the case
Justice Garrison holds that the Legis
lative could not delegate powers to the
governing body of any municipality,
while such powers might constitu
tionally be delegated to the voters.
There is nothing gained by weeping
over spilled milk, but it will be re
j inembered that Alderman Jerome T.
i Congieton took the position that the
| law should be adopted by vote of the
people, and went to the Council with
j a petition for submitting the questiofc
to the people, as prescribed in section
| 31, which is upheld. This petition was
not presented, as the members of the
Council decided to pass an ordinance
adopting the provisions of the law. The
first question upon which a vote wa*
taken wus as follows:
“The act of April 10, 1908, is not un
constitutional insofar as it provides
[ that in municipalities that adopt the
act the appointment of certain officers
and employees shall be regulated in
part by a commission, the members of
which are not appointed by or from the
electors or inhabitants of such munici
pality respectively.”
On this point the court by a vote of
fourteen voted in favor of the point, and
none In the negative.
The next question voted upon by the
court was as follows:
"Tlie act is unconstitutional in so far
as it is made to take effect in munici
palities upon its adoption by the gov
erning brdy thereof'"’
Upon this question the vote stood
thirteen tfor and one against. Chan
cellor Pitney, voting alone against, de
claring that part of the act unconstitu
tional. The next question voted upon
was:
“31ialt the judgment of the Supreme
Court be affirmed?” •
The vote on this was fourteen voting
yes and none voting in the negative.
This last question dealt with the case
of County Collector Richard W. Booth,
A KF.AI, MUSIC HAlt IS KEWARH,
•The American," -with Lucy Woetra an* other
etua.—Adv.
'