Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1901-11-14
DECISIONS By THE SUPREME COZ Rr.

One Of Local and Several Of General Int crest
Last Monday was opinion day in thu
Supreme Court, and among the decisions
rendered are several Of general interest
and one directly affecting this county.
The latter case was that of this county
against the Comptroller to compel the pay
ment Of $7140 due the county for maintain.
ing insane patients in the county asy lum
from 1873 to 1891.
The opinion held that the Comptroller
was right in Withholding payment under
the proviso Of the act of the legislature of
1901 until the county had presented proof
of the commitment Of the patients to said
asylum in conformity to the law of that
period.
SHERIFF HOLDS JAILs.
That the Sheriff, and not the Board of
Chosen Freeholders, is the legal custodian
Of the iails of a county is held in deci-
sion rendered in the suit brought by
Sheriff Virtue of Essex county against the
Board of Freeholders of that county.
The decision of the court, which will
apply to other counties, was announced by
Justice Gummere and the opinion will be
filed later.
''The first question involved" said JUS
UACC 10 WnCulCl puO kOlCIlll,
constitutional officer is entitled to the
custody Of the jail, or whether it is vested
in the Board Of Freeholders. That legisla-
ton exists which attempts to transfer the
custody to the Freeholders is admitted.
'sWe conclude that notwithstanding the
fact that the duties and powers of the
Sheriff are not fixed by the constitution
the mere creation of the Office by the con-
-. 10 ~
and custody of the county Jail.
''If the legislature could deprive con-
stitutional officer of one of his powers, it
might deprive him Of everything but his
official name. The right of the Sheriff
to the control of the Jail is beyond the
control of the legislature.
"DoLLAR CHILD cAsE''.
The now famous Graham case more ia
miliarly known as the "dollar child case''
on account Of the opinion of Justice Gum
mere, was decided for the fifth time, the
court reducing the damages from 81 800 to
81 900, with the proviso that should this
amount not be accepted new trial will be
had.
The judgment was secured by Abraham
L. Graham against the North Jersey Street
Railway Company for the death of his
son. The company was held responsible,
and three times jury gave the father a
verdict for S., 600 damages, once for So, 500
and last time for 81, 800. Each verdict has
been set aside by the higher courts.
LICENSE ORDNANCE ILLEGAL.
A license ordinance of the city of Salem
was set aside as illegal in the proceedings
brought by the Thurloy Medical Company
against the Mayor and Common Council of
Salem.
A similar ordinance was set aside in the
suit against Salem City brought by James
Driscoll. The court in it's syllabus says
An ordinance is void which fails to fix
the license fee, but leaves it to some city
official.
An ordinance passed under the act of
May Is, 1894, cannot authorize the i'm
position of a license fee as a condition to
the right to vend milk, meat bread, cake
or any product Of the vendors farm.
EXCESSIVE FEE UNLAWFUL.
In an opinion by Justice Van Syckel the
court decides that Atlantic City's attempt
to prevent the operation of auction stores
on the board walk by the exaction of a
So, 500 fee was unreasonable and contrary
to law. The ordinance is set aside, the
costs of the suit being assessed against the
city.
''The power to license is police power, y
declares Justice Van Sycbel, 'and must be
exercised by the imposition Of a reasonable
fee, the action Of the municipal authorities
being subject to review in this court
1t is competent, therefore, for the court
to determine whether the fixing of license
fee Of So, 500 is reasonable exercise of
police power. The fee is so large and SO
out Of proportion to any lawful purpose to
which it could be applied in the use Of the
public power that it must unhesitatingly
be declared to be unreasonable and illegal. :"
Justice Van Syckel says that under the
act of March 1, 1882, which gives to cities
the power to provide by ordinance for the
licensing and taxing of auctions and auc-
or SFs, the city might place a tax-not a
8IA4A fee-on the boardwalk auctions.
tionfart does not determine whether il
& s lid be legal to place what would be q
pfohibitive tax on the auctions, but init.
mates that the act of 1882 does not give te
cities the power to prevent the engaging in
lawful occupations by imposing prohibit
tive tex