The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-12-12

Il
| should not now be indicted if evidence be
| found sufficient Because an offender dis
continues nefarious practices while condi-
| tIons are unfayorable to him, is no reason
why. he should not be indicted Grand
| Jurles are not constituted to forgive crime
but to enforce the law. The object of the
law is to prevent Generalization
PooLsELLING AND BooKMAKING.
Since February 81, 1898, pool selling and
| bookmaking on licensed race tracks have
| been apparently legalized during nine months
| of the year. The validity of that statute is
| pending in the Supreme Court and until
then the Court forhears speaking upon it.
But If occasion arises during the term the
Court will communicate with the Grand
Jury upon the question. 1t may be that
those engaged il this business previous to
February 27, 1898, are indictable as keepers
of disorderly houses but the Court will not
so direct at present. m
EXPENDITURE OF PUBLIC MONEY.
The Court now called the attention of the
Grand Jury to "the conduct of the muni-
cipal officers of the different cities, towns
and townships in relationship to the expendi-
ture OF public money. Very large sums of
money necessarily are spent by public Off
GERS. 1t is important they should be spent
honestly, in accordance with the laws war
ranting the expenditure. The public official
IN the performance of his duty, legally,
support and protection. In the expenditure
of money if he does it honestly, in accord
ance with the laws, his reputation as a pub
lie official, and his standing as private citi-
zen should not be stained by an Indictment.
Do not pervert the law, do not indict to graf
ify the spleen or revenge OF any one or to
forward the success of any political faction.
A disregard of the laws referred to renders the
official indictable for misconduct in office;
he is indictable for exceeding the appropria-
tions, or the limit fixed by law, or mourning
obligations beyond the limit This Court
has invited Investigations by the people of
the expenditures of the county money but l
suppose acting upon the idea that what is the
concern OF all men Is the concern of no one,
the opportunity is rarely taken advantage
of, and it becomes your duty to direct at
tention in this direction Expendi-
lures in plain violation of a
statute is an indictable offense;
so is the violation of a statute which requires
the expenditure to be made by contract
when it is made otherwise. A wilful viola
tion of these statutory restrictions and limi-
tations is an indictable offense Where the
statute requires work to be performed or
goods to be purchased by contract as pointed
out by the statute, a Wilful violation of these
provisions constitutes the indictable offense
of misconduct in Office. Official cor
T'uption in any form whether under contract
or not is indictable. The daily press is MAX
ing charges constantly of gross fraud NAL
feasance and misconduct in office against
public officials, specially in relation to the
expenditure of money as well as corruption
and extravaganza, notably in relation to the
city of Jersey City. 1t is said that work has
been engaged, and supplies furnished and
paid for In violation of the provisions of the
statute"
STREET AND WATEd BOARD ACTIONS.
The Court referred TO the statute which
requires adv ertisements for contracts where
the amount involved exceeds a stated sum,
and instructed the Grand Jury that no other
mode than that pointed out in the statute
could be legally followed, and that any viola
tion of these provisions of the statute is mis-
conduct in office, and any combination be-
tween the officials and contractors and others
to effect this unlawful object and purpose
IS an lndlctable conspiracy and the grand
jury should make it their business to investi-
gase aae aadict in some form wherever they
find such violation of the laws
1T is alleged that in some of the munich
palities of the county there exists a violation
of the provisions of the act of April 9, 1875,
which provides that if any member of any
board shall be directly or indi-
rectly concerned in furnishing goods or sup
plies to such municipality, he shall be guilty
OF mlsdemeanor 1t is indictable offense
It is said that the public moneys
have been thus corruptly squandered.
[ think the time has arrived where some
tribunal must investigate these matters and
know of none SO effective as your body.
Make your investigation just as searching as
your unlimited power. Do not allow those
over whom you have control to fail in assist
ing you to make the investigation complete
and full. Ii you discover the public moneys
have been corruptly squandered it is your
duty to indict. If needless offices have been
created with the corrupt intention of squand-
ering the public funds, it is an in.
dictable offence. You can inquire to
ascertain if sinecures exist created for the
corrupt purpose of disposing of public funds.
L need not enumerate the various devices by
which corrupt officials seek to deplete the
treasury, but the Court directs YOU, wher-
ever you find such to apply the radical rem
edY of an Indictment. So, too, if you should |
find that appropriations, or the limit of ex-
penditures once fixed by law have been ex-
ceeded it is your duty to present those
who votes or official acts
have caused the excessive exnendi- !
ture, without much regard to the intent |
with which the expenditure was made. The |
is entirely immaterial In some |
parts of the county Investigations are now |
being made of these matters and YOU will
take them up at your convenience
THE SUNDAY LIQUOR LAWS.
ut is incumbent upon the Court to call !
your attention to the continued open and |
violation of the laws prohibiting /
5he sale of Intoxicating liquor on Sunday. In |
ighteen or nineteen counties of this State /
5hese laws, am informed, are fairly well OBJ
served and obeyed. In the County of Hud-
'on they are openly, notoriously and de-
iantly violated There can be no excuse for
his 1t was formerly the hGbituaI sale OF
liquor on Sunday which was
ndietable in Jersey City and other cities OF
u the county But the law was openly
the nabitual sale was practiced and
s practiced. Laws have always existed
prohibiting sales on Sunday; in some iuris-
lictions punishable by Indictment, in some
;ities regulated by ordinance, but there has
llways existed ample statutory provisions
against the sale of liquor on Sunday. 1t has
1een openly and defnatly violated, and
5rand Juries have invariably declined to in
lict
'sIt remains to be seen whether this state
If affairs will still continue
'.The Legislature of the year 1893 re-
nacted the law upon this subject of the I'M
awful sale Of liquor, tile unlawful sale of
iquor on Sunday as well as the unlawful /
ale of liquor at any other time, and now any
Unlawful sale of liquor Sunday is made
N indictable offence, punishable on t.onvic-
ion by a fine not exceeding $500 OF punish
nent by imprisonment not exceeding two
yeafs.
orce the law prohibiting the sale of intoxi-
ating liquor on Sunday.
LAWS SHOULD BE ENFORCED
There is no law upon our statute book
which should not be oheyed and enforced,
md the sale OF Intoxicating liquor on Sunday
S a crime under oui. laws. and the Grand
Jury can only perform its sworn duty by