The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-09-14

thereto. Complaints are made that
courts too often interfere by certiorarl TO
correct these wrongs. 1t mus be re-
membered that courts do not so Interfere
unless upon application of the aggrleved
citizen. nor unless it plainly appears that
the laws, that is. the chartered privileges
of the municipality nave been violated,
or that dishonest and fraudulent methods
have been followed. The municipal Off,
not make any mistake about the matter,
for the courts will always interfere as
far as they can by the exercise OF judicial
power to check such wrongful n
But it is to these methods, so far as
they appertain to the administration OF
criminal justice, that the Court now de-
sires to call our attention. and ask your
investigation. Wherever you find a muni-
cipal officer or a municipal board know
ingly taking such action. completed ac-
public, that is upon the public treasury,
he is indictable. The law requires
obedience to its provisions. it requires
above all it requires honesty. Dis
honesty in a public official is a crime. and
it is indictable, for it can only result in
fraud upon the public treasury. 1t is NAL
~feasance and misconduct in office.
This offence to which the Court now
refers takes very many forms, the max
ing of false or incorrect estimates for bid
ders for contracts, thereby sitting honest
competition, dishonesty widening the
neck of the treasury at the inception OF
the contract. A false and misleading esti-
mate always leads to a dishonest con-
tract, and whilst perfect exactitude is not
required, the very best of care and judg-
ment is required. For instance, if an i'm
provement upon a street was to be, made
and a thousand yards of rock excavation
was estimated for, yet there was none TO
be made, and a thousand yards of earth
excavation was advertised for which was
to be done, could you suppose that honest
competition would ensue? The contract
would only be awarded to one of those
having dishonest knowledge of the situa-
ton. 1t would require much argument TO
show how an honest contract could be
made, and much ingenuity on the part
of the bidder not to get too well paid Tor
his work.
These false, unbalanced or partial esti-
mates, and the contracts awarded thereon.
are, in the judgment of this Court, prlma
conspiracy to defraud.
There are other violations of law which
take the form of the award to Favored
bidders irrespective of fair competition,
incomplete and fraudulent advertisement
for proposals for contracts. ReckleSsnesS
and carelessneSS in the certainty required
for specifications and estimates, which
lead to charges for extra work at grossly
exorbitant prices.
Your attention n investigation of
these matters are required. Your investi-
cation should be thorough in order to de-
tect and punish existing frauds.
Your attention is called again to the in
vestigation of the existence OF n~ulsanceS
and the indictment OF the ~cHenderS. lndt
they exist is patent to every observer.
Whole communities in this county are dis.
gusted and sickened by the existence of
nuisances, easily discoverable. and the
owners and managers thereof well Known.
Complaints come to the Court day by
day and have been as often referred to
the Grand Jury for their action. The
Court has instructed the Grand Jury from
time to time to investigate, ascertain
those responsible, and indict.
Permit the Court to say that the Court
will cheerfully extend you any aid you
may need and which it is within the
power of the Court to extend, and to ex-
press a. hope tina your deliberations and
action will enure to the public welfare,
County, and satisfy your own consciences
and Judgment that you have observed
your oath of office and performed your
duty.