The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1893-11-28
The Tramp Question.

Below is an opinion by Prosecutor
Budd, on the subject of tramps, which has
for SO long a time occupied the attention
of taxpayers. Prosecutor Budd says his
opinion is the result of requests by numer'
GUS citizens who have determined to
abate the outrageous drafts upon the
county treasury. While many feel sorry
that this investigation and opinion was
DELAYED until so late day still all are
willing to admit that the law must be
respected and that the outrage which
has SO long existed shall be wiped out.
We give the opinion in full:
MOUNT Holly November %, A. D., 1893
SAMUEL A. ATKINSON County Auditor,
Dear Sir-Complaint having been made to me by a
number of citizens of county, in reference 10 the
arrest and commitment of tramps by the officers and
justices of Mount Holly deemed it to be my duty to
thoroughly investigate the matter and ascertain the
truth or falsty o the charges made -, -
A careful examination of the vouchers on ME IN
your office discoses the fact that in nearly every IN
stance commitments to the county Jail have been is
sued by the justices of the pelce in cases arising I'M
der the disorderly tramp and vice and immortality
acts, upon the testimony alone OF the oncer making
the arrest
as the law requires the testimony of one or more
credible witnesses, other than the ocer making he
to be given at the hearing before the ma8is-
trate. If such testimony is not gwen, tine person
charged is not legally convicted and the magistrate
no authority to issue commitment.
Under the disorderly act as found In the revised
statutes page 306 section TO- the officer making the
arrest could appear against the person charged with
being disorderly person, and the magistrate nad
legal right to issue commitments upon the oncer
sworn statement.
But the legislature in the session of 1885, passed
supplement to the disorderly act which makes a
radical change in the nature Of the proof required
and specifically states that the testimony OF wit
nesses, other than the officer making the arrest 10
necessary to be given in the matter and that without
such testimony the magistrate has no right to convict
or commit such disordery person.
Under the act concerning tramps as found in the
revised statutes page 1908 section any officer had
right either upon notice given him by any Of the
inhabitants, without such notice, upon his own
view to apprehend and convey person alleged to be
tramp before justice Of the peace or other magis
trate for examination; at such examination, the Off
making the arrest competent to be sworn as
witness and upon his testimony the person arrested
could be legally convicted of being tramp and the
justice was ordered to issue commitment.
This law was also radically changed by the Legisla
ture the session of 1884, bob to the manner of
making the arrest and also as ito the proof required
at the examination.
refer you to the supplement to the revision page
1083 THAT If any person shall be found offending in
any county city township borough or district in this
state, against this act it shall and may be lawful for
any constable police officer of such place. and be is
hereby enoined and required, notice thereof given
him by any the inhabitants thereof to apprehend
and convey such person to justice of the peace or
other magistrate Of such place. who shall examine
such person. and may commit him or her. being
thereof legally convicted before him by the oath or
affirmation of one more credible witnesses, other
than the officer making the arrest, &C."
You will notice from the above, l. That an officer
has no authority to make an arrest on his own view
2. That such arrest can only be made by an officer
upon notice given him by any of the inhabitants OF
the township. g. That person cannot be convicted
as a tramp upon the testimony Of the officer making
the arrest but that such testimony must be given by
witnesses other than the officer
Under the act concerning Vice and immortality, any
person could be arrested and convicted for being
drunk but in 1892 the Legislature amended this act
that tramp cannot be convicted for being drunk.
The language of the statute is laws of 1892 page So
'And be it enacted That if any person shall become
intoxicated drunk by the excessive use OF spurious
vinous or other strong liquor provided such person
AN act to define and suppress tramps, &C.
This last act was presented to the Legislature py
the members from this county and by their efforts it
became enacted as a law Of this state.
You will notice from the above that If a tramp is
drunk cannot be convicted of being but can be
arrested either disorderly person or as tramp
To briefly summarize, as to the arrest of tramp
/. An officer cannot arrest tramp on the charge
of drunkenness under the vice and immortality act
q An officer can arrest tramp under the disor-
derby act on his own view.
An officer cannot arrest tramp under the tramp
act on his view, but can only do so ION notice
thereof given him by any Of the inhabitants"
As to the evidence necessary to convict tramp,
under both the dsorderly and tramp act the law is
mandatory in its provisions that the conviction must
be had upon the testimony of witnesses other than
the officers making the arrest
An examination of the records will disclose the fact
that In very few instances have the requirments of
the law been followed by the justices and officers
either as to the arrest or conviction Of tramps-
My attention having been called to this matter l
feel it be my duty to bring the matter to your no
tce as the bills of the officers and the justices have
to be approved by you before they can obtain any
money from the county.
If you will carefully scrutinize each bill presented
to you and when it does not comply with the requir-
ments of the law refuse to give it your official sane
ton, the Tramp Nuisance" as far as Burlington
county is concerned will be thing Of the past
1 need not assure you that such course upon your
part will meet with the appreciation Of the taxpayers
and law-abiding citizens of this community.
1 have the honor to remain, very truly,
ECKARD p. BUDD,
Prosecutor of the Pleas.