The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-03-09
GRAND JURY'S DUTY
Justice Lippincott Charges
On Matters Contained
in Saturdays Pre-
sentiments.
FREEHOLDERS' EXTRAVAGANCE.
Advice to the Grand Inquest to
Look Into Expenditure for'GOn-
struction of the Boulevard.

Justice Lippincott yesterday afternoon
delivered a charge to the Grand Jury
en- the subject matters contained in the
presentments handed in by the Grand
{ Jurors on Saturday last. The charge was
as follows
Gentlemen of the Grand jury
In your investigation TO ascertain
whether indictments for libel are to pc
found and presented because of the pub
LEGATION OF defamatory articles and. COM
municarlons, you can bear in mind that
you are not to try and determine the
causes as il the Indictment had been
found and not on trial before the jury. X
is often said by courts in ~instrueting
Grand Juries that if the defamatory pub
lication be true. and was published with
good motives and for justiiable ends,
that the person charged must be consid-
cred guiltless of criminal libel But the
rule of evidence is that the Grand jury
necessary tor-Ihe Grand Jury to have be-
Tor 1T, is evidence of the defamarory
character of the publication including he
article published and evidence of the
identity of the editor, manager, publisher
or owner of the in which the
defamatory publication appeared. and
that it ~circuiateS within the jurisdiction
of the Court.
This evidence is amply sufficient upor.
which to base an Indictment Your boay
does not go into an investigation to asrer-
tain whether the defamatory publication
be true, or whether il was published
with good motives and for justiiable ends.
Evidence tending to show these things
is a matter OF defense upon the trial Of
the indictment.
1t may perhaps be said that the Court
can act according to mere discretion, N
so far that ii has the power TO refuse
to attach for contempt a c0atumaclcuS
witness if he choose to take the risk 70
act in that way, but the Court "a have
no power to so act in the direction OF at
tachment.
It is upon hearing of the Court to de-
termine the matter whether, a contempt
exists, and if it does, the punishment
which shall be inflicted on the offending
witness. In reaching this conclusion, the
Court may inspect the writings and de-
termine which are pertinent 10 the course
of inquiry being made: The Court will
sit at any time, to aid you in securing
evidence under these proceedings
The Court has requested the Prosecutor
to present such matters to the Court UNI
Ger your direction, as speedily as you de-
sire.
There is another matter in your pre-
sentiment which the Court has noticed.
1t is the publication of the fact, whether
true or false. before any Indictment had
been presented to the Court, that an in
dictment had been found against a certain
person for some offence. The Court has
requested the Prosecutor to take this
matter up, advise with you on that sub
ject. and take such proceedings as will
ensure the secrecy Of your proceedings
required by law. There are but few
sources from which Information as to the
proceedings of the Grand Jury can emf
nate. The Court has requested the Prose-
cutOr in your aid to xam1n this matter
and to advise with you upon the subject,
and also to take such proceedings before
this Court as will secure the ends OF JUS
tice.
Tne Court has ordered the clerk of this
court to forward a copy of your pre-
sentiment in relation to the excess of the
limited expenditure fixed by law in the
city of Jersey City by means of the is
saance of temporary loan bonds for GER
tain purposes, l find upon examination
that the question of the legality of that
action by that board is somewhat complex
and requires more time than the Court
has been able to give it in order. to ex-
plicitly instruct you whether it is your
duty to present indictments against that
board. The Court will endeavor 10 be
able to advise you on your next meeting
day.
In relation to the presentment made by
the Grand Jury, in relation to the gen
eral expenditures of the county. the
court will say that presentment contains
only the general condition of affairs. The
Court is unable to give any instructions
as to the effect of any given expenditures
or making of any particular obligation on
the Board or any of its members.
1t is provided by statute that if any
Board of Chosen Ereeholders, or any COM
mittee or member of such Board shall
disbnrSe. order or vote for the ~disburse-
ment of public moneys in excess of the
appropriation and limit of expenditure
provided by law. or shall incur obligations
III excess Oh The dppTOprldllOU PROVIDED
by law. then any such Board or eom-
mittee or member thereof and each mem
Der thereof. shall be guilty of malfeasance
in Office. The Board each year fixes it's
own appropriation and limit of expendi-
ture. This is the limit fixed by law. The
Board, each committee and each member
is absolutely ~inexcusable, if they do not
Keep this limit in mind. His intent has
nothing whatever to do with it. he may
nave done it with good or bad motives,
that is Indifferent. The Board as a
Board. the committees as committees,
and each member are absolutely bound
to know the state of limit of expenditure
every time it, they or he votes to pay
out any money. or votes to incur any
obligation the result of which is in ex-
penditure.
There is also another consideration in
connection of county expenditures which
the Court deems it advisable to speak
about. 1t is the alleged grossly extrava-
CANT expenditure made by the Board in
the maintenance of the county institu-
fions- Your presentment indicates that
the extravaganza is so gross as to midi
cate that it is done with a fraudulent in
tent. If you can find that their extrav-
agance is corrupt, or so gross as to lead
to the conclusion thai it is corrupt. that
it is with bad intent. then it is your duty
to indict the Board, or such of it's mem.
bers as are engaged in the extravaganza
for conspiracy TO defraud the county or
malfe1sance in Office. 1t matters but lit
tie by what means this result is arrived
at. whether by the payment of false or
~ -A1A 0llios Vi Aidt1AAo- VI Ll1C
creation of unnecessary positions for
employees in order to dissipate the county
funds
| have no doubt an examination in this
manner will lead you to a just conclu-
sion whichever way 1t is determined.
These latter remarks will apply equal
ly to any consideration you may desire
to give to the expenditure for the con-
~Struction of the County Road. In rela-
ton to the County Road, the limit of
expenditure is fixed by the statute itself,
and there cannot be an expenditure in
Indictment of the Board; but the Board
and its committee and members are LA
Bile for ~unlawfully and corruptly expend-
ing public monies upon the same princi-
pies have stated.
Freeholders to maintain the county road
in a state of repair fit for public traffic.
A neglect to perform this duty. if it has
means at hand to perform it, and allow
ing it to become unfit and dangerous for
public travel, is indictable as a public
nuisance, a result of which is il it cannot
the Court can abate the nuisance by clos
ing it for public use.
IN order to maintain it fit for public use,
1t is the duty of the Board to use the
means which it has at han to do it,
and to that end it is bound to use the
its command at Snake Hill in the Aims
house and Penitentiary. The argument
that this will create a competition of
prison labor with honest labor outside,
cannot avail in this instance. The Board
of Chosen Freeholders, | understand, are
without any means to employ other labor
If they desired to do it. | understand
they are not in funds to do it. / undec-
stand, too, the labor and materials are to
be found at Snake Hill. ana if [ am noi
$3.50 49, - ~ 49, - TA-.-