Perth Amboy evening news., 1912-06-20
RIOT LAW WAS
NOT FOLLOWED
Sheriff Claims His Talk to
Strikers Covered 1t.

1t is contended by legal authori-
ties that the state riot law was not
properly followed in dealing with
the strikers of this city. Sheriff
Albert Bollschweiler considers the
notice he gave about 1000 A. S. &
r. strikers in Pulaski hall last
Wednesday night sufficient to cover
the situation. The sheriff then ap-
peared before the gathering as
their friend" advising them to be
quiet and peaceful, and to go home
and consider his advice. The law
makes it the first duty of officials to
publicly read the riot act to the dis
turbers in such conditions as existed
here Wednesday night, Thursday
and Friday.
The law of this state covering
riots provides that IF any persons
to the number of twelve or more,
being armed with clubs, guns,
swords or other weapons, or if any
number of persons, consisting of
thirty or more, shall be unlawfully,
routously, riotously or unanimously
assembled, any Justice of the peace,
sheriff, under-sheriff or constable of
the county where such assembly
shall be, shall, among the rioters or
as near to them as he can safely
come, command silence while pro-
clamation is making and shall open
ly and with a loud voice make, or
cause to be made, proclamation in
these or the like words:
Estate of New Jersey. BY virtue
of an act of this State, entitled An
act to prevent routs. riots and tu-
multuous assemblies ! am directed
to charge and command all persons
being here assembled Immediately
to dispense themselves and p~eaceably
to depart to their h~abitations or to
their lawful business, upon the pains
and penalties contained in the said
act. God save the State"
The law further provides that If
the rioters refuse to dispense, then
they are liable to apprehension, and
persons killing them are to be held
guiltless. On conviction, rioters are
liable to a fine of $1,000 and to
serve a term of three years in state
prison, while the owners of property
destroyed by the rioters are entitled
to compensation from the city or
county in which the property is
located.
1t Is contemplated by the law that
the riot act shall be read before an
appeal is made for outside assist
anCe to maintain the peace. The
custom has been to refuse to send
militia into a county unless asked
for by the sheriff. The law provides,
however, that "the governor shall
have power, in case of instruction,
invasion, tumult, riot or breach of
the peace, or imminent danger there
of, to order into the active service
of the State any part of the militia
that he may deem proper"
1t is also provided that "wheneVer
any portion of the militia is to be
employed in the aid of the civil au-
thority, the governor, if in his judg-
ment the maintenance of law and
order will thereby be promoted, may
by proclamation declare the county
or city within which the militia is
to be employed, to be in a state of
instruction"
There is nothing in the law, how
ever, which would compel the cover
nor to await a request from the
sheriff before sending militia into a
county. Precedent, however, calls
for the governor not to act untN an
appeal for help has come from the
sheriff, with a statement that the
sheriff has found himself unable to
cope with the situation.