562 



NEW JERSEY. 



set in the payment of workmen's wages. The 

 practice of giving pass-books to employees of 

 glass-works and other factories, who are con- 

 strained, from want of cash, to trade at the 

 company stores, in which excessive prices are 

 charged, is said to prevail extensively, particu- 

 larly in the southern part of the State. A bill 

 to modify and relax the Sunday laws, favored 

 by German and other citizens, of Essex and 

 Hudson Counties particularly, which was in- 

 troduced by Krueger, of Newark, was, after 

 much debating, lost by a heavy majority. 



The proposed amendment to the Constitu- 

 tion, providing for biennial sessions of the Leg- 

 islature, was passed just before adjournment. 

 The amendment will have to be ratified by an- 

 other Legislature before it can be submitted to 

 the popular vote. The Senate, after hesitating 

 for some time to approve the appointment of a 

 Judge belonging to the opposite party in poli- 

 tics, confirmed, before adjournment, the nomi- 

 nation by the Governor of ex-Governor Joel 

 Parker as a Justice of the Supreme Court. 

 Before acting upon the nomination, the Senate 

 passed a resolution to address a communication 

 to the Governor, requesting him to withdraw 

 the nomination, on the ground that the ap- 

 pointment of another Judge from the political 

 party of ex-Governor Parker would be impoli- 

 tic, quoting a passage from one of the Govern- 

 or's messages which said that " something more 

 is necessary than that the judiciary should be 

 really pure, impartial, and just ; it is also requi- 

 site that the people believe them to be so." 

 The Governor replied that he had appointed 

 three Judges from the opposite party before 

 making this one from his own ; that none of 

 the nominations were made on political grounds, 

 and none were likely to bring the bench into 

 discredit. 



The special tax commission, appointed in ac- 

 cordance with an act of the Legislature passed 

 in 1879, after examining the operation of the 

 existing tax laws, and the way in which they 

 affect the property and industries of the State, 

 recommended modifications of the laws such 

 as seemed necessary to them to equalize the 

 burdens of taxation ; which recommendations, 

 however, were not acted upon by the Legisla- 

 ture during the session. They divide property 

 into five classes : real estate ; visible and mate- 

 rial personal property ; bonds, shares, etc., is- 

 sued by corporations of the State ; those issued 

 by outside corporations ; and franchises, as rep- 

 resented by express, telegraph, and other com- 

 panies. They recommend that real property 

 and tangible and visible personalty be taxed 

 wherever found ; and bonds, stocks, etc., in all 

 cases, at the place of issue. The principle of al- 

 lowing deductions for debt is considered wrong. 

 They propose that the tax upon mortgaged real 

 estate be collected from the mortgagor, who can 

 obtain a special receipt if desired for the por- 

 tion of the tax representing the mortgage, and 

 must make a special contract with the mort- 

 gagee with regard to offsetting the tax against 



the interest. The creation of a State Board of 

 Equalization is counseled. The commission ap- 

 prove the exemption of the property of religious 

 and charitable institutions from taxation, and 

 state that their inquiries elicited the fact that 

 the preponderance of public opinion in the 

 State is in favor of such exemption. Machin- 

 ery used for manufacturing purposes, and agri- 

 cultural implements, they recommend should 

 also be exempted ; likewise household goods to 

 the amount of one hundred dollars. They 

 recommend that a valuation of real estate take 

 place every three years, with a provision for 

 revaluation in case of the loss or addition of 

 improvements, to facilitate which improve- 

 ments should be valued separately. 



Another special commission was appointed 

 in 1879 for the purpose of framing for the con- 

 sideration of the Legislature general laws to 

 govern all municipalities. This commission 

 also reported a bill late in the session. It was 

 not acted upon, but was referred, as was also 

 the bill proposed by the tax commission, to a 

 special committee of members of both Houses, 

 to be reported with amendments to the next 

 Legislature. Since the amendment of the Con- 

 stitution prohibiting special local laws as well 

 as private bills went into force, in 1876, many 

 laws affecting municipalities, general in form, 

 but special in their intention, have been en- 

 acted. Such laws have been usually decided 

 by the courts to be void, as evading the spirit 

 of the Constitution. Governor Ludlow, in his 

 inaugural address, referred to the evils which 

 made the amendment necessary, and to the in- 

 conveniences which have attended its opera- 

 tion. Before the adoption of the amendment 

 each Senator or member of the Assembly was 

 allowed by a kind of common courtesy to pre- 

 scribe to the Legislature acts for his own con- 

 stituency. Individual demands rather than 

 public claims were the bases of municipal legis- 

 lation ; all sorts of schemes were passed for lo- 

 calities whose representatives asked for them, 

 and public debts were piled up to colossal 

 heights. The constant intermeddling of the 

 Legislature in the affairs of the municipalities 

 was felt to be a serious injury. The establish* 

 ment of legislative commissions for the gov- 

 ernment of cities was a course which was 

 subversive of the principles underlying the re- 

 public, and productive of the greatest mischief. 

 Such a commission governed one of the largest 

 cities of the State many years against the 

 wishes of its citizens, and in spite of the pro- 

 tests of its representatives in the Legislature. 

 The evils of special legislation have not been 

 prevented, but the attempts to conform to the 

 amendments have led to much legal confusion, 

 which is scarcely less disastrous than the for- 

 mer license in local enactments. 



The whole effort seems to have been to avoid rather 

 than conform to their spirit and meaning ; not to 

 adopt general principles for the government of all, 

 but to legislate for single localities by laws under a 

 general title and context, from the operation of which 



