New-York tribune., 1872-07-15
MALFEAsANCE INTERPRETED Alright.
THE JERSEY CITY POLICE COMMISSIONERS DE
PRIvED OF OFFICE.

MALFEASANCE INTERPRETED Alright.
THE JERSEY CITY POLICE COMMISSIONERS DE-
PRIvED OF OFFICE.
By request of Gov Parker, AttODey-G General
Schrist of NewJesey bas delivered his opinion in the
,ase of the Jersey City Police COMMISSIONERS who were
convicted OF conspiracy to defraud the city The Board
organized under the statute Of March ST. 1871 and
jhe members, Z. NJ Pritchard, Thomas Edmondson T.
A. Gross, f. A. GOetze, and Isaiah Hutton, were ap-
pointed bv the Republican Legislature Of that year. In
January last in connection with the Chief of Police,
hey indicted in the Hudson County Courts for
Ipracy deraud the city by advancing money to the
captains Of police IL Of the amount specified by
he charter. and it alleged that this money sub
sequeny used for political purposes. The trial took
place during the term occupied several days and
resulted in "a verdict of guilty.
The Chief and the Commissioners sentenced, on
2l 70 pay a OF 500 each and Judge Bede
remarked, when he pronounced the sentence that it
would deprive them of the elective franchise but did not
express his opinion in relation TO their right hold
Sce. This question Of course, Immediately raised,
and Gov. Parker who is authorized by the charter 10
make appointments 10 I'LL vacancies in the Jersey City
Boards when the Legislature is not in session. requested
ihe opinion OF the Attorney General
Mr. Gchrist argues that as all offices held the
implied condition of the faithful performance of duty
contrary to the duty OF the Office or is Infamous In its
nature, must involve forfeiture The mere existence
put this ia not enough Some proceeding TO establish the
acts In formal manner Is often necessary in order "
ieclaTe The Office vacant The regular proceeding Is
her inquest Of office TO ascertain II is forfeited
ScTe f0ciGs to show cause why tue office should not
" put into the hand of the appointing power; a
cre taef0s repeal the grant Office without either
inquest soire Joeids indictment, trial. conviction,
md sentence for infamous crime crime contrary
the duty of office.
The record Of the indictment conviction and sentence
With the record of appointment to the Office is held to
Sf6r,, - i""uesr Of office and 10 dis"ense with the
seri Saoias. and e tsiaBs6 1aGanty Il the crime BET
ut IN the record OF convictions Is contrary to duty OF
,ce or Infamous The record shows that the crime
was committed during the term Of office, and that the
srme was conspiracy 10 defraud the city. This is an
infamous crime, and has always been held 10 Involve
forfeiture of OAice That Il is infamous is evident from
me fact that a conviction disquaiies person from
being witness, and involves the loss of the elective
franchise TO conspire to cheat and actually 10 eheat
;he city in which holds Otce, Is plainly crime
against the duty Of Office. The Attorney General m
conclusion decides that the offices were uluoubtedlg
forfeited bv the commission OF the crime. except in the
OF Hutton, whose place vacant before proper
evidence Of the forfeiture was established.
Jacob MariuUs appointed a member OF the Board
place OF Mr. Hutton, and, according 10 the Attorney
General e Is the only member cOmpeteuttO serve
10 is believed that the Governor will Immediately ap-
point members TO I'LL the vacancies created by the dis
qualification OF the four members but the present
Board viii contest the right Of the new members 10
lake their seats and propose 10 carry the matter into
she Court Of Chaucery, unless the OpslOn OF the Cy
Attorney which Is expected to-day, should prove unta
FOrable 10 them in which case they Will withdraw.
they have already entered their IN the Court OF
Errors. IT, however, they depOsed, the Legality OF
.her official transactions their conviction VIII be
questioned, aud expected that very complicated
tiga;IOns will arise Meanwhile the opinion or the new
CITY Attorney is looked for with considerable interest