Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-07-18

falsely or TO vote "frauuulenlly suci
person or persons should also be In
dlcted.
IF you are satisfied from you in
~vestigation that there We're two Bow
mans, and that Frank Bowman and
F. r. Bowman were not n and the
same person, then your Investigation
along those lines, regarding the sheriff
need be pursued no further unless II
appears that the sheriff Fad knowledge
or believed that a Frank r. Bowman
had registered or voted Illegally, and
in order to protect such said Bowman
from having the charge Of having reg
istered or voted Illegally fully lnvesti-
gated by the grand jury corruptly
summoned the said Bowan who was
alleged to have registered or voted IL
legally to serve as a grand juror. IN
order to obstruct the course and to de-
feat the ends of justice, then II will be
your duty 10 indict the sheriff for a
misdemeanor.
"Another matter to which II IL my
duty to call your attention Ii that the
registers In use on the day Of election
for the checking OF the names written
thereon when the voters deposited their
atiOAS u N0hsfE ~
the net regulating elections to be hled
with the clerk of the county. This re-
.~uirement was complied with mt the
last general election. II, how
ever, appears that after the registers
were nIed with the count. clerk. the
sheriff of the said county, with the con-
sent of the county clerk. took some of
the registers NO filed with the county
clerk AWAY with him.
1T is true that he returned the same
the following day to the county clerks
Office. The statute requiring the films
of the registers with the county clerk
thereby made them matters of public
record. The object of the law evi'
IDENTIFY is TO preserve these registers 30
that they can be referred to in case
of contest or otherwise
"1t is absolutely necessary and in
the interest of the public good that
they should not be subjected to the
hazard OF any change therein or tam
pering with. which might occur while
out of the possession of their legal GUS
todian.
sheriff Exceeded Authority.
"The sheriff had no more legal right
to TAX the registers away with him
than n private citizen would have had.
II can make no difference at mo-
tives ctuated the sheriff In taking the
books away with him. My charge to
you is, that II the facts disclose that
the sheriff did remove the registers
from the county clerks once. without
an order from the court, and this I
.tnda-Ntu,I H. uIAIH. - asa thor 10
should be Indicted for a mixdemeanor.
"The county clerk had no legal right
to permit the taking out of his custody,
without an order from the court. the
said registers committed to his care.
RS d public %oficer, for safe keeping, and
by permitting 1t to he done he has sub
iected himself to an Indictment for a
misden,eaDor and all persons who I'm
any way cOnniyed at or assisted the
sheriff In taking the registers cut of
the custody of the county clerk are In
GictabIe fer q m~lsderneauor.
The violation of u public statute
commanding something to be done or
prohibiting something from being done,
is a misdemeanor at common law. 1t
is the contempt for the statute and the
v cAdlilDlt Y W ult PlD1iN III
constitute the ~offense. Ignorance of the
law is no legal excuse. Public officials
especially cannot legally justify their
conduct in disoheying the commands
or prohibitions of a public statuto by
pleading their ignorance of the law or
what they did was done from innocent
and pure motives.
Those who accept public office and
take the oath 10 uphold the law should
be held to the strictest responsibility
for n breach of II. Those are they
from whom the community In TO expect
who arc 10 set examples of obedience
to and respect for the laws.
Your Investigations will undoubtedly
disclose that the root OF the evils from
which the community of this county
suffers is the failure OF public officials.
to whom the enforcement of the laws
has been entrusted. to faithfully dis
charge their duties.
IF ii is desired to restore order,
obedience to and respect for law, you
must reach to the root of the evil and
eradicate 1t.
Laxity Encourages Crime.
"Laxity in the administration of the
law, and that includes a fall
ure to enforce a strict observance of
the public statutes which are designed
to preserve the public peace. safety.
morals and good order, encour-
crime. Where such a condition
in a community radical treat
lnent is required,
You must seek out, as far as you
who the PERSONS are that are re-
sponsible for this condition. Public Of
flcials who are entrusted with the en-
forcement Of public statutes, the duty
to preserve the public peace, safety.
health. morals and good order, must
be held to a strict accountability In
that regard.
"If II should appear, In the course of
your Investigations. that public officials
have failed 20 faithfully discharge their
In lint respect, then II becomes
your plain duty 10 indict thcm.r
Following are the jurors; Charles
Moore. Atlantic City, lawyer;
Henry NJ. Phillips, Hammonton,
farmer; General Lewis 7. Bryant. At
City; State Labor Commissioner,
the Rev. Newton w. Caldwell, At
lantic City; William j. Smith, Ham
monton; Albert Il. Bell, Atlantic City,
proprietor hotel; John A. Burgan,
water commissioner.
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