New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-15
THE sryNDAY-CLos1NG QUESTION.

Tho inevitable battle the enforcement Of the
Sunday closing laws in New-Jersey might as well
be fought out now as any other time. 1t is one OF
those issues that most people prefer to evaGe as
long as possible but ii has to be faced some time,
and the Grand Jury charges OF Supreme Court
Justices Llppincott and Depue make 1t necessary
do Immediately. Judge Lippncott says:
THE habitual sale OF liquor on Sunday is as
much a criminal msdemeanor as 1t ever was, and
still punishable TO the same extent
Talking about the refusal of the Newark Police
Commissioners 10 rigdly enforce the laws against
Sunday hquor-seng Judge Depue says:
THE Commissioners appear 10 entertain the opia-
ion that the enforcement of these laws and the city
ordinances Is neither possible nor expedient These
officials amenable TO prosecution for opinions
expressed, but when become indctab.e offences
II done with q certain intent. opinions distinctly
avowed with respect to official conduct may be such
evidence OF intent viii bring acts done or omitted
in the line OF official duty within the range of in
dctabt offences
Public officers such as the members of the De-
partment Of Police in cities executive officers,
with duties akin ministerial duties. and for
wiifui refusal intentional neglect to perform the
duties they have undertaken they liable 10 in
dictment."
II will be observed that the judges sngly 90 their
duty in declaring that the laws as they stand must
be obeyed. But this particular question Of Sun
day lquor-selling the common statute law has
rarely been powerful as the unwritten law of
popular opinion. This is made manifest BY even the
most superficial inquiring into the condition existing
in the various municipalities.
In Jersey City and Hoboken saloons wide
open every Sunday In the year. and no city
county official seems to think os closing them In
Paterson any body get drink on the first day
Of the week, though business is not done openly
in HoDoken and Jersey City. With few
.eptions ali the Newark saloonkeepers have their
places open, but they are SO circumspect. as rule
that stranger might go through the principal
th3roughfarcs without knowing that the law was
being violated. The traffic is conducted with COM
parative secrecy in Camden Elizabeth NewBruns
wick and Trenton though less so In the nfst-named
than the others
Turning to the smaller towns of the State
pecialy those In South Jersey finds that little
Sunday selling is done.
In each place the TO all queries IS that the
law Is being enforced to the extent that the citizens
desire. Translated into plain English. this means
that the people OF the various cities and counties
sumo without legislative authority, home rule pow
this subject The cornerstone OF this whole
fabric of selfnvested extraega functions Is in the
courts. The Sheriff IS elected by the people OF eacn
Grand Jures say who shall shall not be in
dicted. and when indictments found they have
10 be passed upon by Petit Jury. if the Prosecutor
does not pigeonhole them. Again and again Grand
fairly representative business men, have refused TO
ndict in cases where the evidence was clear They
ready 10 defend their action. too on the
ground that they Interpreting the law as a
The propositions now before the citizens OF New
Jersey may be reduced to three:
DO they propose 10 have the existing laws en-
Do they propose 10 leave II to executive officials
10 determine how far the laws may be enforced, If
al all?
so to let each municipality DO as It pleases
about Sunday Closing?