The Jersey City news., 1899-05-02
BAD TALK NO CRIME.
Justice Dixon's Queer Deci-
sion in Disorderly Per-
son Case.
Especial to "The Jersey city News. u

Especial to 1.-THE Jersey City News.'l
TRENTON, May 2, 1Sss.-Justice Dixon
yesterday filed In the Supreme Court
decisions in a number Of cases argued at
the February term. An interesting
decision was given in a case where an
alleged drunken man was charged with
using offensive and indecent language in
the presence of others, both men and
women The Court holds that under ian
act concerning disosaerly persons" an
intoxicated man Is not guilty Of any legal
misconduct by loud and indecent
language, as long as he does not loites.
In the syllabus of the opinion Justice
Dixon says
"A complaint which charges only that
| the accused, being intoxicated, indulseo
in loud, offensive and indecent langsa
in the presence and hearing of other per
sons, both men and women does not le-
gally charge disorderly conduct WITHIN
the meaning of section of IAN act con-
cerning disorderly persons" Peter cow
ell of Belvidere was charged with
violating the dIsorderly person act and
convicted by the Common Pleas Court Oh
Warren County. The Supreme Court says
that the conviction must be set aside,
''It is clear that the statute does not
make the use of loud and offensive or iE-
decent language by intoxicated persons
disorderly conduct, says the opinion,
"unless such persons are lettering or as
sembled in the public places mentioned.
In the case of Michael Gilhooly against
the Hudson County Board of Freeholders
the rule for a mandamus is discharged
Gilhooly sought to be reinstated as super
intendent of the Newark avenue bridge,
under the veteran act. Justice Dixon
says the construction of the veteran act
was settled by the decision of the Court
of Errors in Hardy VS.. City of Orange.
According to that case, when the term of
a municipal position is not otherwise
fixed by law, the appointing power may
limit the duration of the right of incum-
bency by making the appointment for a
specified period, and after that period
an appointee, who is a veteran Union sol
dier or sailor, has no more right to the
position than any other appointee would
have. Gilhooly was named as bridge su-
perintendent for term ending on the
first Monday in December, 1888, and the
Court holds that he has no legal claim
to reinstatement.
The proceedings are affirmed in the
matter of the assessments made upon the
property of Patrick M. Weldon and others
by the town of West Hoboken. for special
benefits resulting from the widening and
extension of Summit avenue, West Hobo
ken The property owners objected to the
proceeding, first because they alleged the
resolution of the. Court appointing the
commissioners of assessment failed to
state that they possessed the qualifica-
tions required by statute. The Court
holds this point to be weak.
after carefully weighing the evidence, =
says the opinion 1--WE are not satisfied
that any wrong has been done by the
assessments. The commissioners seem to
have considered all the facts pertinent to
their duty, and the most that appears in
derogation of their conclusions is that
some of the witnesses entertain different
opinions regarding values and benefits.
But we find ourselves unable to decide
that the unanimous judgment of the com
missioners is less trustworthy than the
divergent estimates of these witnesses,
which neither agree among themselves
nor differ very widely from the official
determination. If. as is most strongly
urged, the commissioners made some
awards which were excessive and some
inadequate assessments upon others than
the prosecutors, the sum of SS,S6S. 80
charged upon the town at large would
doubtless cover their errors, hence an at
tempt to correct them would not benefit
the prosecutors .