The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-19
BROUGHT TO GRIEF.

THREE TEMPERANCE ADVOCATES INDICTED FOR
CONSPIRACY BY THE GRAND JURY OF PAsaAIo
COUNTY, n. luxurious COMPLICATIONS
LIQUOR LAW.
The Passao city IN. J) temperance crusaders have
come to grief Arthur Greenwood the leader Of the
movement together with his two associates -Messrs.
Horne and Meeker-have been indicted by tho
Passaic County Grand Jury, and the former
yesterday arraigncd charge Of
having combined and conspircd, with tho
two above named, to induce Henry Lieve, Pas
sale saloon keeper. to violate the Sunday Liquor
law. The allegation is that these three entered
Lcve's saloon on Sunday. not long since. and
dered dinners. While they eating they asked il
they could not have some ale to drink, and the
suspecting publican, after some persuasion, fur
nished them with the malt liquor, whereupon they
and went forth and made complaint and caused
the to be fned for violation Of the law. This
is test case and but one OF many similar ones.
Greenwood arraigned before Judge Barkalow, in
the Special Sessions. In the same building Judge
Dixon was holding court. hearing argument in
the certiorari of twenty-five Passaic liquor
dealers, who had been caught by Greenwood selling
illegally and fined $50 each. He had come to the
Court House 70 look after these cases. when. his
surprise and CONSERVATION, he arrested on tho
indictment found. When arragned he pleaded not
guilty and the legal adviser Of the Passac City Coun-
Gil. Mr.. Stoutenboro. offered bondsman in the
sum OF $500. The Court could not accept Mr..
Stoutenboro, and Mr.. Greenwood compelled to
sit for several hours with the criminals. who
were there to be arraigned for various mis-
damoanors. MIR. Greenwood, who appears
very nice, clearly gentleman, bit his finger
nails and his lips. and twired his thumbs and tried
TO look unconcerned but IL was largely Silurc.
Finally, when the Court was about be adjourned.
Judge Barkalow comuiseratcd his awkward
situation and said he would accept MT. stoutenboro
security until next "Wednesday IL Mr.. Greenwood
would promise to have more satisfactory security ~
that time. Mr.. Greenwood said he would do moth.
ing OF the kind and talked back to the Court. Still
the Court would not go back its word; IL would
accept Mr.. stouenboro until wednesday. and then IL
other bail were not forthcoming there woulo bo
further procecdnar Thou Mr.. Greenwood departed.
cERrfoIlAiu CASES.
The rari argued at great length be-
fore Judac Dixon. ointment counsel being employed
by the liquor dcacrs while the city WAS defended by
its legal adviser MIR. stoutenboro; These cases arc
originate in sunday selling but in selling without
license The license OF these twenty-five dealers
pred and they failed to renew them. though still
Continuing to sell. This was In July last. The City
Council OF Passac thereupon passed an ordinance
authorizing any individual, at his own expense, TO
bring suit against unlicensed dealers In the name Of
the city, promising such individual $50 for each
viction. Then It was that Greenwood entered tho
field and procured the arrest and conviction Of
twenty two OF the unlicensed. who were fined $50
each before local Justices Of the peace. But Green
wood did not receive the 100. owing to the fact
that the dealers appca cd and pending the cerorari
proceedings the city would net pay.
sEnIoUs ALLEGATIONS.
Grave nformalities are alleged against the original
procedure II being claimed among other things that
the right Of trial by jury was denied. and also that
appeal would be taken in the usual way. and resort
to certiorari was all that left 1t IL held by coun-
sci for appellants that the city Of Psssaic cannot dele
gate its power to prosecute offenders to the first
conner that consequently the prosecution with
| out authority The counsel claimed that under tho
Greenwood proceedings the city Council had made it,
self solicitor for the violation OF the law Of which
itself was author. which would be equivalent an
abolition OF said law. because of the effort of its
author to seek its violation This was In reference
to the practice followed by Greenwood and his
ciates OF entering saloons and calling for liquors aud
/ then making complaint
ghe Court reserved It's decision for one weak.