The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-07-09
THINKS DAILY IS WRONG
The Opinion Of Prosecutor Crane
Of Essex on Indictments
for Sunday Liquor
Selling.
Special to the Jersey c:tu Nears.

NEWARK, July 9, 1S95.-Prosecutor
Crane of Essex county is not willing yet
to express an opinion on the point raised
by Senator DAILY of Hudson relative to
The effect of the act of 1898. which re-
pealed the disorderly house section of the
Werts Licuor law. He is inclined to be-
lieve, however. that senator DAILY is mis-
taken in his conclusion that saloonkeep-
ers who sell LIQUORS on Sundays cannot
be indicted in cities which ave ordin-
ances regulating the subject.
Under the repeater, We cannot, of
course, indict a ~saloonkeeper for keep
ing a disorderly house for selling LIQUOR
on Sunday. The law compels US to specify
the charge, and we do so by stating
that the complaint is for selling liquor.
l am inclined to think that Senator
Daily refers to a law passed in 1874. 1t
was introduced by Assemblyman Fitz-
gerald, and. to the best of my recollec-
ton. was subsequently declared uncon-
stltutlonal IN the case of Meyer VS.. the
state In that case it was held that the
crime of keeping a disorderly house was
one against the whole State and could
not, therefore. be tried under a city or
dinance. but under the State law.
THINKS DAILY Is MISTAKEN.
Il haven't had time to look up all the
law on the subject, and do not care
therefore. to express a positive opinion
AT first blush, however, i am inclined to
think Senator Daily is mistaken. I think
that by stating the specific charge saloon
keeoers can be indicted for selling on
The repeater of 1893, which Senator
paly holds makes it illegal to indiet
sa~loonkeepers in cities where ordinances
against sunday liquor selling exist. pro
That it shall not be lawful hereafter
70 inaiet any person or persons for the
eaease OF OF mIa aan common law nu.-
under section 1872 Of said act entitled
An act for the punishment of crimes
convicts wholly in its unlawful sale Of
liquors; but in all such cases the .ndict-
toxicating liquors contrary to law, and
on conviction of such unlawful sale of
SAID liquors the person or persons SO
said section 1872 of the said act entitled
An act for the punishment of crimes
that Senator Days point is Well taken
He said that in the case of the State
the Fitzgerald act was held to be- con-
s%titutional. The act of 1893 practically
throws the authorities back on the
single provision of the law of 1878 n
on the law of 1913. The law of 1sis pro
yides that the licenses granted under
the authority of the State to keep INNS
and taverns shall not be construed to
"a authorize the sale of any vinous, spir-
ituous or other intoxicating liquors upon
the Sabbath. commonly called Sunday;
and all persons offending against the
provisions of this act shall be subject
to all the penalties and liabilities of per
sons selling liquors without g. license"
The Fitzgerald act provided that no
saloonkeeper who sold liquor m Sun
day should be tried under an ind.ct-
ment If there were city ordinances reg
ulatng the liquor traffic on Sunday.
THE point raised is a nice one and
an important one" said Mr.. Kalisch.
"I believe it will have to be passed upon
by the courts to be finally settled. Here
we have the repeal of 1888 affecting the
d.sorderly house feature of the. Werts
law; then the single provision. of the
Fitzgerald law and the law of 1s4s. I
am inclined to think now that saloon
keepers cannot be indicted for selling
hauor on Sundays in cities where there
are ordinances on the subject"