The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-12-08

SUNDAY LIQUOR SALE
Judge Lippincott Harps on
the Letter of the Law
in His Charge.
HELLER's FIRST GRAND JURY
Municipal Expenditures to Be
Probed "A Pointed Paragraph
Abont Contracts.
HELLER's FIRST GRAND JUR'

and have dates fixed for the trial of
| causes. Sheriff Heller escorted the Grand
Jury into court about 1890. As usual the
last man was excused. In this case it was
William Dahm of North Hudson. Justice
Lippincott and Judge Hudspeth We're on
| the bench. In his charge Justice Lippin-
colt eaid-
There can exist no distinction between
the binding force of public laws | VEN
ture to say no one will dispute this, and
there can arise in no well-regula,ted gov
ernment Irl1 any Determinations save thoss
which are inherently existing in the laws.
The effects of different crimes vary great
ly. The sanctions of public laws widely
differ. The murderer dies. The petty
thief suffers a light Imprisonment, but
both are enemies alike of society, and
the commission of the lesser crimes often
inevitably leads to the greater. When
ever a man commits an act denounced by
public laws as indictable and punishable,
he is criminal and no less criminal are
those who uniting together as a class de-
fy the public law and violate it. They
are not law abiding citizens; they are dis
turbers of society and of the public peace
provided to be kept by our public statutes
and law, and they are not in any sense
devoted to our republican Institutions
nor patriotic in any degree. 1t cannot be
gainsaid that one who wilfully violates
our public laws Is a criminal and must be
sclassed as such. So long as he obeys the
laws his acts, whatever they may be, are
protected; when he wilfully steps beyond
the line of obedience and wilfully commits
acts in direct violation of the law, he be-
comes a criminal and should be made to
suffer the penalties provided.
81 know of no way in which government
can be maintained and preserved save by
the rigid enforcement of our public laws
Complete obedience should be demanded.
Mercy can be extended by tribunals, con-
stituted for that purpose, to the unfortun-
ate criminal, but the ban of disobedience
is Indictment and punishment. Whenever
the State is too weak or too corrupt to
enforce its laws then the strong govern
by might, then the usurper steps in, then
it is that TRUE principles of government
are undermined and swept away, and per-
Scnal liberty, not under the law, but be-
yond the law, Is the rule which governs
the conduct of those whose power is
they choose. In government there is no
such thing as absolute liberty. 1t is
personal liberty under the law, and in ac-
cordance with the law, which we are in
the enjoyment of, and beyond this, and
in disobedience of this rule personal lib
erty becomes crime.
Il first direct your attention to the con-
sideration of the cases of persons con-
fined In jail charged with crime awaiting
your action. A list of such persons viii
be handed you. Dispose of them as
quickly as you can with convenience. AT
ter this is done take up and dispose of
the cases of those charged wiki crime
who are upon bail Then you can be
ready to investigate SUCH matters as are
brought to your attention, or such matters
of public interest which may be developed
by your own knowledge or inquiry and
such as you deem may demand attention
or should be investigated. You can re-
member that your are an inquiring body,
and you are not limited by any power in
the extent or diversity of yo11r inveStiga-
ton, to discover offences committed
against the laws. You can remember that
you are entitled to have the aid. advice
and assistance of the Prosecutor of the
Pleas in your Investigations You can
also remember that you are entitled to
have the aid, assistance and advice of the
Court in any matter in which you deem
it advisable to seek. The Court cannot
withhold this from you. It never does
to the process of this Court to compei
the attendance of those you desire to
have before you as witnesses, and upon
application to the Court 1t win compel
obedience through its process, and punish
for diSObedience. You have the right to
compel by process the production of any
books, papers or documents. in your
search for the discovery of peculations in
private or public trusts. or for the dis
coyery of any other crimes. The Court
will not weary you with any elaborate
detail of the matters which may require
investigation at your hand
"The Court calls your attention to the
continued violation in many parts of this
county of the law against the sale of in
LONlcdIlnR HQuCT on SUNDAY, IneSe
crimes should be detected and punished
because it is the law of this State. The
law should be enforced. You should In
dict for It's violation. and the police au-
thorities of the different cities, towns
and townships in this county should be
held responsible for their wilful neglect
to perform their sworn duty to prevent
repress and detect this class of criminal
conduct. IN some places it is open and
notorious, and in other places more con-
cealed and private, but the law should
in all cases be enforced. The Court in
the performance of its duty urges its en-
forcement, and so instructs you lit is
the desire of the Court to say that the
responsibility for its non-enforcement is
upon the police authorities the officers
Of the law and the Grand Jury, and not
upon the Court.
your attention is also called to the
crime of policy playing and pool selling
on horse races With all that has been
done in these respects, these crimes still
exist in more than one section of the
county.
of the county, and the public moneys of
| the municipalities of the county are ex-
| pended, should form a part Of your in
! yestisation during the present term.
The manner in which contracts are en-
| tered into for supplies are In nearly every
| case reprehensible, if not indictable.
| Frauds flourish under the specious dis
| to be awarded to the lowest bidders.
| Other forms of fraud are penetrated
| Your attention can be called to the pre-
sentiment of the. last Grand Jury on this
| subject
IT is the. desire of the Court that the
| question OF existing nuisances should
| be taken up by you 1 need not ston
| at al to designate their location 1t Is
| sufflcient TO say that portions of this
county suffer outrageously from them
Noxious and unbearable odors cover
| ultimately render it unfit for deceni
habitation, and greatly depreciate the
value of the property SO located as te
be subject to such nuisances 1t is the
| observation of the Court that portions
| at least of this county have suffered
for long time from them. There must
be a beginning of the correction of this
| evil, and the Court requests you tc
| make proper inquiry and ascertain al
| least what nuisances are located within
| the limits of this county, that they may
be dealt with In a manner that will en-
ure to the public benefit This inyesti-
| cation should be speedily made
| fThe Court desires again to recur tc
| your power of supervision over 1nunicipal
! corporate action. Wherever you find cor.
| ruption exists, 1t is your duty to uncover
| 1t and indict. Corporate action may bf
| within the letter of the statutes confer.
/ ring power. and yet II its exercise be cor
rupt, resulting in fraud or imposition. ii
becomes official misconduct / must cal
| your attention to the vast sums here
i tofore expended, and now being expended
| on public improvements In many GUAR
/ expenditures nave been accoxnpanied
with rf>l<