The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1891-11-22
I'm THE NAME OF JUSTICE
Why Should Not City Courts
Be Opened Sundays?
INNOCENT MEN PUNISHED
What the Law Says on the Subject
The City Liable to Damages
for False Imprisonment.

The subject of having afternoon and
Sunday sessions of the Police Courts is
being agitated to such an extent that it is
probable the Police Commissioners will
take action in the matter at an early
Saturday moor until Monday morning be-
fore they are given a hearing is consid-
cred an outrage. 1t is not an
thing, say the police officials. for police
men to arrest men through pique n
~misjudgment, and frequently these vic
Tins, who have no friends to interest
themselves in their behalf, are placed be-
hind the bars, and detained until Monday
morning.
The public demands reform in this mat
ter, and claim that the Police Justices.
who now hold court for about two hours
every morning, should be compelled to
. dispose of cases in the afternoon and on
kSuuday morning, as is done in other
cities of this State.
/ was informed, when Investigating the
matter, that 1T would be unlawfu to
hold Court on Sunday, but this statement
iSwentirely without foundation.
1T is not unlawful to dispose of cases of
any kind on Sunday. and the only law
lOuuu tCuNnlu& upOu CuO SuOJCSu cnJSs-
WHAT II LAW SAYS.
mo person or persons upon the first
day of the week, commonly called Sun
day, shall serve or execute, or cause to be
served or executed, any writ, process,
warrant. order, judgment or decree lex
cept in criminal cases or for breach OF
the peace); but then the service CT every
such writ, process, warrant, order. Iudg-
ment or decree shall be void to all intents
and purposes whatsoever"
Ii it is legal to issue warrants on sun
day for criminal offeuses it is certainly
lawful to dispose of the same. so that the
statement that a person committed on
Sunday for an offense would have to be
discharged on habeas corpus proceedings
is absurd.
Throughout the city, from noontime on
Saturday until eight O'Clock Monday, the
number of arrests will average sixty to
seventy-five. The majority Of these un-
fortunates spend half of Saturday and
all Sunday in cells. The greater number
OF these prisoners are arrested for petty
offences, such as drunkenness or disor-
derby conduct. These persons have no
more privileges extended to them than
known criminals of the worst character.
The city authorities do not fully appre-
ciate the fact that they are laying the
| city liable to suits for false Imprisonment
in holding innocent men from Saturday
until Monday. The records of the police
COuElS Will SuON Via luiAy UWo-uhitoo VI
the prisoners ~arraigned Monday morning
are discharged.
How much longer this abuse will con-
tinue no one knows, but the agitation of
the question at this time should result IN
the presentation of a bill to the Legisla-
ture compelling Police Court Justices TO
sit at least on hour Sunday mornings, as
is done in Newark. With a view to ex-
pediting matters the three Police JUS
tices of this city could easily arrange to
have at least one court omen every sun
day morning, SO that innocent men might
be released and not kept Gagged IN cells
unnecessarily.
The system of holding conrt but a few
hours in the morning on week days is OF
recent establishment.
AN ORDER STILL IN FORCE.
Not long ago the Police Commissioners
directed that court should be held in the
afternoons. That resolution was never
rescinded and should be obeyed by the
present Justices.
The only hope a person has of gaining
his liberty, if arrested after twelve O'Clock
Saturday until Monday morning, is on
bail, and it is said that the police are not
any too obliging to prisoners who ask to
have friends notified of their where
abouts, unless 1t is done for a "considera-
tion." Bail is accepted for prisoners On
Sunday, and this brings up the question
why court is not opened on Sunday 80
Ludt I'LL pIlSuu0lS uld1 ILtO Oil CQQdl OP~
portuniJy to gain their liberty?
1t is claimed that 1T is not legal to take
bail on Sunday, but it is done Just the
same, if The person asking to be released
is sober and the bondsman satisfactory.
There is no loophole through which the
Police Justices can crawl. 1t is lawful
to hold Court on Sunday and it should be
done in justice to prisoners. Court should
be held everv afternoon and it is the
duty OF the Police Commissioners to see
that iG is done In the time of Recorder
Bedford OF New York. which was 1858.
court was held mornings and afternoons
and every Sunday morning.
Recorder Cutter, of this city, was
always on hand Sunday morning to dis
pose of cases and accept bail. Recorder
Martindale was on that bench Sunday
mornings and so also was Justice Keyes.
Justice Peioubet neld court on Sunday
morning and Justice Seymour, as CON-
petent a justice as ever graced the bench
in this city. held court Sunday mornings
and also held morning and afternoon
sessions. He was ON the bench from 1871
to 1874.
Justice Stilsing usually pnt in an APP
pearance on Sunday to accept bail for
persons detained over Saturday night.
l asked Justice O'Donnell yesterday
why he didn't hold court Sunday and his
reply was short and to the point.
THINKS IT ILLEGAL.
Il uOU IL uOlQ COuTL OIL puUuhy anu i
don't intend to. do not think it is right
or lawful and / will not Sit"
"Why don't you hold an afternoon ses-
sion?v
because there are never any cases to
be tried.''
$40 you know that a move is on foot
to have q law passed compelling the hold
ing of court on SundaY?n
"Well, If that is the case | will do all in
my power to defeat such a measure.
There is no reason why it should be done.
People who do what is wrong deserve
some punishment. and people who do
what is right do not get arrested. If
there are any innocents imprisoned the V
can easily be admitted to bail il they nave
friends.
I'm my opinion it would be a disgrace
to this city to have court held on Sunday.
Do you suppose | would open my court
on Sunday and have it filled with buns
and hoodlums, idle curiosity seekers who
come here day after day to laugh at the
degradation of some and the punishment
others receive.
ut is bad enough on week days to have
these dirty, greasy buns hanging around,
but it would be Il disgrace to lave them
lettering about ogiing people of different
denominations gong TO and from church.
Il am opposed to such a move. and it
cannot be considered a step toward re-
form. j will oppose any move in that di-
rection as much as | can. 1t is quite un-
necessary. and know that it will be op-
posed by Sunday respecting citizens"