The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-03-24
4 FAIR CHALLENGE.
Douglass Invites the
Police to Test the Side
walks Ordinance.

Rcdl estate agents all over the city
are taking great interest in the refusal
of Justice w. p. Douglass to issue sum
monses against them for not cleaning
snow eff the sidewalks on property in
which they are concerned. Police Cap
tain McKaig, whose recent interpreter
ton Of the ordinance led him to bring
complaints against the agents, took occa-
sion to criticize Justice Douglass view
OF the wording Of the ordinance. Since
police captains law is somewhat peculiar
and differs generally from the views of
experts in Jurisprudence real estate
people were in a quandary. These gem
tlemen are a busy lot of people, with a
strong disinciination to being nodded
with by policemen insisting that they
should assume the role of sidewalk clean
ers and for their information and bene-
fit the views of Judge Douglass. expressed
below in an interview with a News"
representative, will not be without inter-
est
7 would like you to tell US what the
orainance says Q the cleaning OF
sldeWalksg' the News" man asked him.
The ordinance provides that the own
er or owners, occupan or OCCUPANT or
persons having charge of any property
mere iaa IN this city. shall clean the snow and
- - 1 IL q CClldl III
specihed time. The time ] don't now re-
collect replied the judge, and then add
ed:-.I have held and still hold, and shall
Court says / am wrong, that a real es-
tate agent. whose only connection with
the PROPERTY is hal it is in his hands for
sale or TO rent, is not within the class of
persons mentioned in the ordinance"
Has there been any test case made in
the city here?,
There has not been,n said His Honor:
'tDnt the other daU Whar n rpfa in MAJ oir
spoke to me on the subject told him
that l would entertain a complaint and
issue q against any real estate
that he was simply an agent for the pur-
pose of selling Or hiring, would dismiss
the case: and then join the captain in a
the correctness OF my Judgment, he pay
ing half the expense and I paying the
other half, which offer he declined.
Captain McNulty has sent but one Of
ficer to me to make a complaint of this
character this winter. He asked for a
summons against a real estate agent
the first floor of a tenement house. /
asked him If the rest of the house was
occupied. He said yes. I asked him why
ne did not apply for summonses against
the occupants of that house. He said he
had been directed to ask for a
against the agent. l declined to issue a
summons against the agent, but said
the occupants of the house l would issue
summonses against them.
Captain Newton has never had a word
to say to me on the subject"
us it a fact tha the forme Corpora
ton Counsel have held with you that the
agent of the property is not liable, and
haye SO trsated cases that have come be-
Last year we had nearly one hundred
cases in one day. Judge Blair represented
the city, and in every case where the
agent. whose only interest in the property
lay in the possible chance of renting or
selling it, the Corporation Counsel agreed
ed the judge.
IT notice that Captain McKaig enters
into some general complaints that suspi-
you at aStime when burgiaries are being
committed in the neighborhood, and you
let them go. thus hampering him in the
discharge Of his duty" observed the re-
II think the Chief Oh Police and every
captain with whom have bad to- deal
with viii say that a request to hold a
CATION was never refused. and / can d
to that, that men have been held at the
request of a captain for several days and
any connection with any offense against
property. If any captain can suggest a
single case in which have discharged
offense against the protest or after ne
very much like to know the case was
Mr.. John N. Sweeney. Prosecuting At
torney of Naugatuck, Conn. having
seen the first history of the matter Of
dispute between Judge Douglass and Cap
tain McKaig in reference to sidewalk
cleaning IN THE Jersey City News. z
wrote to His Honor, saying that for the
past five or six years he. as Prosecuting
Attorney In that city, had had this cues
tion Of keeping sidewalks clear from
s1ow frequently preseuted to him.
On all occasions / have" Mr.. Sweeney
said. with one exception, refused to issue
complaints. but the matter has got into
snch form now that I must do something.
Will you not do me the favor to advise
ne whether or not you have 2 city or
dinance or statute law that the captain
desired you to proceed under. and IS there
any case in your reports that backs up
the course you are reported to pursue Ia
this case. You will pardon me for troubl-
ing you. but as your views meet mine.
n no doubt you know the old adaae
thai misery loves company J. feel almost
certain Ct getting. a little light on this
subject from vou."
Judge Douglass today communicated
with the Prosecuting Attorney of that
city. giving the views set firth in the in
terview above. together with a copy of
the ordinance. and a reference to the
statutes Of this State on the subject.
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