The Monmouth inquirer., 1897-07-29
Fish Trial at Allentown.

gre uQQS at A1enlOWD. Lucy udQ
come not only from Upper Freehold
township, but from the adjoining
townships in Ocean, Burlington and
Mercer counties. The tall form of
the Chief of the Game Wardens, Mr.
conspicuous, as he moved to and fro
among the people. DIR. L. F. Foulks,
Deputy Fish and Game Warden from
Ocean County and the Wardens from
Monmouth and Mercer were also
present. Mr. Robert Woodward, the
genial and hospitable Justice Of
Upper Freehold, was the centre
around which the crowd gathered.
There was evidently much excite
ment and deep interest caused by the
prosecution of four well-known and
respectable citizens of Allentown and
vicinity for violation of the seven
teenth section of the game laws of
1895. The owner of mill-po nd on
Doctors Creek tributary of
Crosswicks Creek, had short time
before, let off his pond. AS usual in
such cases the people had come to-
gether to catch the fish as the water
flowed out There was no deliberate
intent to break the laws, as in fact
there was no thought Of any law on
the subject They did what was
customary in order that the fish
might not all get away to the Della
ware River A seine was used below
the dam to catch the fish. Fish We're
caught in this way and the people
who had gathered helped themselves
and carried away the fish in baskets.
The Ocean Co. Game Warden, DR..
Foulks, of New Egypt, was informed
of the occurrence He, in discharge of
his plain duty under the law, brought
suits against four persons. the de-
PENDANTS in this case The case was
adjourned over with consent of par
ties in interest and was to be tried on
July 10Th, under the tent on the base
ball ground at Allentown This is
plain statement of the case of all
the feeling and excitement manifest
ed. The defendants had for their
counsel Mr.. Jamison, talented
lawyer from Trenton Mr. Jamison
read section 7th, Art. /. of the Consti-
tuition of New Jersey; The right of
trial by Jury shall remain operative
but the Legislature may authorize
trials of civil suits, when the matter
in dispute does not exceed fifty dol
lars, by iprv of six men" He then
referred to Art VII of the Amend
mcnt to the Constitution of the
United States, as follows
In suits of common law when the
value in controversy snail exceed
twenty dollars, the right to trial by
jury shall be pursued, &c
He also referred to other Constitu-
tional provisions both of this State
and of The United States securing to
q 10 n f<-1,t ~
He then moved for a writ to bring
a jury from the neighborhood to try
this case.
Hon. Geo. G. Beekman, who rep
resented the State, objected to the
motion, because the Legislature OF
New jersey, who represented the peo-
pie, had by Section 3rd of the Act,
approved March 29th, 1897, directed
the Justice, before whom these
violations of the game laws
should be brought to try the case
in summary way that is, with
out jury. Without expressing any
opinion as to the constitutionality
of this provision still it was hardly a
question which Justice of the Peace
could determine, with any satisfac-
ton to himself, mis- reputation as a
jurist, or of profit to the public.
Many of the Assemblymen and Sen
atorss who voted for the law were
learned and experienced lawyers.
The Governor who signed or ap-
proved the law was lawyer of wide
reputation and had, or could have
had, assistance of the Attorney -Gener-
al and other gentlemen. who have
law their lifetime study and who
earned their bread and butter by
teaching other people the law. For
His Honor, the Justice, to say, the
law was unconstitutional, was to ar
rogate to himself a superiority of
learning and in elect that was
hardly warranted. His only safe
course was to follow the plain words
of the law which forbids jury trial,
to enter his refusal of jury trial on
his docket and let defendants carry
the case to the Supreme Court,
where they had more learned law
yers and judges, who each received
SIC, 900 per annum to settle just such
questions. AS to wisdom or unwis-
dom of the law, the benefit or injrr-
les, the Justice could not charge or
overthrow the law without usurping
the power vested in the Legislature
and Governor. As sworn Magis-
trate he could only decide as the
law directed to the best of his intel
lect, leaving any injuries or mischiv-
GUS consequences on the heads and
hearts of those really responsible
the Legislature and Governor. This
too, was the quickest way to get rid
of bad law. The people at the next
election could instruct their delegates
to Trenton to repeal, amend or RENE
4dy this law. The Justice over-ruled
The motion and made entry of same
on his docket. Mr. Jamisoa then
made a number of motions in regular
order, that proceedings did not CON
form to the requirements OF law.
Another motion was that the name
of complainant who made affidavit
was omitted in the affidavit although
signed at the bottom, yet it was a
blank, as it had no person in body
of affidavit named and therefore no
such complaint as the law directed.
These motions were taken down as
made. In the meantime the parties
had been negotiating settlement and
had at last agreed One of the de-