The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-07-10
9Fk-r
NO LAW, NO CRIME
John Kusers Counse1's Sur
prlsing Argument for
Quashing the Indict-
mentS.
NO STATUTES FOR GERMAN PRINTING
Therefore the Defendants Actions
Could Not Be Conspiracy to
Defraud the State.
NO STATUTES FOR GERMAN PRINTING
sneeial to the JERSEY city Nesrs.

SDeC1Qtt 10 tHC JCfotB Ivy
TRENTON, July 10. 1Ss5.-In the argu-
ment to quash the indictment against
John l.. Kuser, Charles S. Robinson,
Otto Heinz and Emil Krautler tor con
spiracv to defraud the State in the mat
ter OF State printing in the German IAN
p,aee -x-Congressm James Buchanan
onaned the case for the accused. He
read the overt acts set forth in poth
counts of the Indictment, and said that at
the time of committing the alleged OIL
lenses stated in the indictment there was
no law of the State, and for upwards
of ten wears before there had been none,
authorizing the printing in the German
language of the reports. or any OF ahem'
referred to in the indictment.
Then he quoted the various acts rela-
five the public printing in the German
Language. and said that from the details
of the method in which the cheat al
legged in the first count was to have peen
accomplished, it appears that the o.
iect of the combination in that count
alleged did not involve a cheat at All
and from the details of the method IN
which the perverting and obstructing OF
Justice and due administration OF the
laws alleged in the second count was 10
have peer accomplished, it appears fhad
the object of the combination in that
count alleged did not involve the per-
venting or obstructing of justice or the
due administration of the laws at all.
MI. Buchanan's argument was a
lengthy one, and he quoted numerous
authorities to substantiate his position.
NO LAW FOR GERMAN PRINTING.
Judge Chauncey Beasley. who follow
ed Mr.. Buchanan, said the indictment
should be quashed because the charge is
that the defendant cheated and defrauded
the State by causing it to pay out large
sums of money for the printing in the
German language of reports authorized
by the State of New Jersey to be printed
an the German language. If there be no
laws of the State of New Jersey which
authorize the printing in the German
language of certain reports. then this in
dictment must fail.
He had examined with care the acts
of the Legislature relative to public print
ing and to the printing of reports, and
had failed to find that the Legislature
had ever, by either resolution or by law,
authorized anyone to contract for it for
the printing of any reports to be printed
in the German language; therefore there
was no law upon the statute books of
New Jersey which authorized the print
ing in the German language of the reports
set forth in the Indictment, OF of any
other reports. The contract, therefore,
tina was made (f any contract was
made) between the State of New Jer-
sey and Mr.. Kuser was Illegal.
NO LAW, NO CRIME.
IF, therefore. the State of New Jer-
sey had no 1--WE or authority" Mr..
Beasley went ON, 'tto authorize the
printing of such reports, how can there
be any crime committed by the defend
ant if he combined to cause the State
to pay out large sums of money? I SUBJ
init the Indictment is defective on this
ground.
The Comptroller of the State, who is
the person who overlooks the finances,
and might be called the watch dog of
the treasury, finding that Robdnson's
bid was withdrawn. had it in his power
to re-adv1rtise for bids, and to award
the contract to the lowest bidder, or in
the most advantageous manner, using
the words of the statute.
In fact. I believe it was the duty of
Inc Comptroller. as soon as he found that
Robinson refused to execute the contract,
reason that he could not tell whether
there might not be some person who
The indictment does NOT disclose that
Kuser received the bid for printing; it
does not show that if he received the
lid what price was to be paid.
The second count of the Indictment
Is bad for the reason that it states that
the four men entered into a conspiracy
and wicked1y devised and intended the
perversion and obstruction of justice and
the due administration of the laws of
this State, and especially of the act of
the Legislature of the State of New Jer-
sey entitled AN act relative to public
printing approved the 23d of March,
1888. and the various supplements there
to, by then and there causing and pro-
curing the contract of the State of New
Jersey for printing in German of the
reports of the State Board of Education
and of the Inspector of Factories and
Workshops, to be executed to Kuser n
to the New Jersey Freie Zeitung,'
Kuser not then being the lowest bidder,
with intent to cheat the State of New
Jersey. and that afterwards Kusar paid