The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1900-03-09

No Word to Indicate Doubt,
But Put Their Thumb Unto Their
Nose and Spread Their FINGERS
Out
The unneighborly action on the part
of the borough officials at Madison
in attempting to prevent Morristown
merchants from delivering goods in
that borough, was brought to some
what sudden climax Tuesday, and as
result Madison officers have a suit for
damages on their hands, the final deter
mination of which will be settled in
the courts.
The firm of Stiner Brofhers on Tues
day was notified by the Madison
officials that they should deliver no
more goods in the borough. The senior
member of the firm, L. Stiner, con-
suited legal counsel and was ad-
vised to attend to his Madison trade
as usual. Accordingly he sent two of
his wagons down Tuesday in charge
of Julius Stiner and John A. Dodd,
he also being one of the party. On
arriving at Madison the wagons were
? Immediately stopped by Chief of Po-
lice Coonan, who told Mr.. Stiner that
he would not be permitted to deliver
his goods and advised him and his
E men to return by the nearest route
at once or they would be arrested
The grocer insisted on delivering his
orders, however, so the police guar
dian placed them under arrest, tell
ing them to drive to Justice Cook S
office. The men refused to do so, but
jumped from their wagons, telling
the chief to drive himself.
When they were arraigned before
Squire Cook, the trio were given the
option to leave town or be locked up.
Stiner said that if he was released he
! would at once proceed to deliver his
, goods, so the Squire ordered the prison
ors taken to the lookup. But the
: policemen declined to obey the order
! and kept the men in the station
house. AS no bail would be accepted
, Mr.. Stiner telephoned TO his counsel,
Willard W. Cutler, who at once sought
Vice Chancellor Pitney and obtained
a writ of haheas corpus. The writ
was served immediately and the po-
! licemen with their three prisoners
were brought to Morristown and given
9 hearing before the Chancellor.
When the evidence of both sides had
been given, the Viee-Chancellor in a
very emphatic manner declared the
arrests to be outrageous and unlawful
and thereupon discharged the pris-
oners
The wagons and provisions which
were held at Madison over night were
returned to the owners Wednesday
morning unsolicited. Stiner Brothers
believe they are being unjustly treated
by the Madison officials and have
instructed their counsel to enter a
suit for $40, 600 damages against JUS
, tice Cook and the officers
1t was generally believed here that
the discharge of the prisoners would
settle the question of delivering
goods in Madison without further
hindrance, but not so with the
borough officials, who paid but little
heed to the Vice Chancellor's decision
and nothing undaunted again arrested
Julius Stiner Wednesday morning on
similar but considerably "mixed''
charge.
He was taken before Squire Cook.
charged with 'peddling merchandise
which was deemed to be infected
with contagion'' thus violating the
sanitary code OF the laws of the
borough and also violating with in
tent and meaning, an act concerning
disorderly" persons. The charge
was made by S. F. Burnett. In the
papers filed the complaint named
two persons, julius Stiner and Joseph
Stiner. merely little mistake on the
part of the Squire, who evidently be-
came somewhat excited while clubbing
Stiner with the surname of Joseph.
However, the prisoner was adjudg
ed to pay fine of $50 in default of
which he was to be committed to the
county Jail for 80 days and there re
main until costs were paid. The firm
refused to pay the fine and Stiner was
committed In the meantime, Mr..
Cutler made application to revive the
|, conviction which was heard before
Judge Vreeland Wednesday afternoon.
In addressing the court for the de-
fence, Mr. Cutler said the proceedings
of the Madison officials were illegal
and irregular and that no record had
been made by Justice Cook that would
warrant the detention of the prisoner,
a portion OF the complaint being en-
tertained under an act that had been
repealed. He finished by asking the
court for the prisoner discharge.
To the surprise of those present, no
one appeared to represent the plain
tlffs, hence not the least pretence of
substantiating the charges was
made--the proceedings being simply
ignored. Judge Vreeland thereupon
signed the papers ordering the
prisoners release.
The Judges action evidently
carried considerable weight with the
Board of Health of Madison as that
body Wednesday night held meeting
and decided TO withdraw the quaran-
time against Morristown merchants
Chief of Police Coonan notifying
: Chief of Police Holloway to that
effect At 10. Is the chief was again
'phoned that word had been received