The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-06-24
A STINGING RBBUKR.
Text of Judge Dixon's 0pin-
ion Upon the Alder
manic Stats
Zeitung" Out
rage.
Special to the JERSEY City Me,ss.


TRENTON, June "a, 1802.-Justce Dixon
filed the opinion of the case of the State,
The City Publishing Company and An
drew Mcknight. prosecutor. versus The
Mayor and Aldermen of Jersey City and
the Stats Zettung, which was argued at
the last term. The syllabus is as fol-
lows:-
When statute directs notice of facts to
be published in a newspaper, the courts
will presume. in the absence of any legis-
lative intimation to the contrary, that the
notice is to be given In Jbe ordinary Ian
guaGe of the State and in newspaper
published 10 the same tongue.
Taxpayers of q city may lawfully, In
the direction of the court, intervene by
certioraii i, 10 prevent the illegal expendi-
lure of municipal funds, deficiencies in
which must be made by general taxa
tion.
The opinion is as follows:
The certiorari brings up resolution of
the Board Of Aldermen of Jersey City
designating the New Jersey Stddts lei
tung as the newspaper wherein shall bs
published the names, residences ana
places of business, contained In appl1cR-
tions or petitions for licenses TO sell
liquors under the statute approved March
II, 1892. The statute requires these
Hd"c5 GLC. 10 Ue III OnO 0uily
newspaper published in the city. The
Stddts Zettu1ld Is published in the Ger
man type ands language, and the ground
upon which the legality OF the resolution
is questioned Is, that only a newspaper
printed in the English tongue can be des-
ignated.
We think this ground is we'll taken.
When a statute directs notice to be pub
lished in a newspaper, the Courts will
presume. in the absence of any indication
to the contrary, that the Legislature de-
signed the nosice to be published in the
North Baptist Church VS.. City of Orange,
20 atl. Rep. 1904. They will also pre-
sumo that the notice is to be given in the
ordinary language of the State. Road in
Uupper Hanover. A Pa. St. 277.
The present statute contains no express
intimatiou as to the language in which
the notice Is to be given or the news
par er is TO be printed, consequently the
presumptions mentioned arise, and re-
QuiIe the notice TO be given iu English
III newspaper printed in the same
tongue.
COUNSEL for the defendant suggests that
the only object OF the law is 10 have a
newspaper designated, so that the citi-
zens may know where to find requisite in
formation, If they desire to seek 1t. But
we think more than this was intended.
The intention was to display this iDfol-
nation where the citizens would be likely
TO sec 1t in their ordinary search for cur
rent news. even though he had no special
desire to learn the particular facts.
The resolution under review is illegal.
II is further urged that the prose cutors
have no rignt to question its legality.
The statute requires the expense of
publication to be paid out of the license
fees. These fees constitute by law muni-
2ipal funds, to be devoted to specified
municipal purposes. If these funds prove
deficient, the deficiency must be made up
by general taxation, for the purposes are
such as the municipality is bound to
carry ont. Under these circumstances.
taxpayers of the city may lawfully, in the
discretion of the court, intervene to pre-
vent the illegal expenditure of the funds.
The pl PROSECUTORS are taxpayers. The reso-
luton must be set aside.