Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-10-09
COURT FORCED TO
FREE CONTRACTOR
Bail Bonds Dismissed on De-
mand of East Orange City
Counsel.

Recorder Francis A. Mott, jr., was
forced today to dismiss the bail bonds
under which Frederick o. Runyon, a
contractor. and several of his en-
ployees. had been held after the court
had ordered their arrest in East Or
anRe.
city Counsel Borden D. Whiting at
tackled the legality of the arrests and
demanded to see the complaint. 1t
was found that none had been drawn.
The arrests grew out of the fact
| that the contractor Is erecting poles
| In a number of the East Orange
streets.
!, Insisting that the magistrate ex-
ceeded his authority in ordering the
arrests. and accusing Recorder Mott
OF disgracing Mr.. Runyon, Mr.. Whit
| Ing fought hard to have the COM
plant against the engineer and his
men dismissed He declared the ar
rests were false Imprisonment
AS recorder you had no right to ar
rest these men," heatedly declared
| Mr. whiting. You exceeded your au
thority by taking them into custody
for breach of city ordinance"
There was no police officer to make
the arrests, and / acted entirely with
In the province of my Office" shot
back Recorder Mott.
the complaint against the men, and
he became indignant when informed
none had been drawn. Turning to his
clerk, Recorder Mott requested an
explanation of the reason why the
complaints were not made out, and
the answer was that the clerk had
not been instructed which ordinance
the complaints should be taken under.
After more heated talk Recorder
II1I a. ~
ton of Mr.. whiting that the bond
under which the men were being held
be dismissed.
Enacting the role of peacemaker.
Councilman Frank Bliss Cotton tried
hard to have Recorder Mott and Mr..
Whiting delay the disposition of the
cases until after the next meeting of
the City Council when the contro-
versy will be carried to the Council
chamber.
Recorder Mott was seething with
Indignation.
There Is personal feeling against
me in this case" he declared. "If I
am timid about the proceeding I am
not capable of holding the position as
recorder. I acted entirely impartlally
and within my rights. I am acting
for citizens who demanded the arrest
of these men for violation of a city
ordinance. If you intend to argue
this case on technicalities the pro-
ceedings might just as we'll be halted
and put up to the proper authorities"
Reverting to the declaration of Mr..
Whiting that he had no authority to
make the arrest, Recorder Mott
angrily declared IT do not relish
the insinuations that the recorder had
not the right to arrest any one"
Mr.. Whiting took the floor and de-
clared he was acting under instruc-
tons from Mayor Julian A. Gregory,
and was constrained to see that the
prisoners were given their rights
II tried to have this matter settled
in conference so that the dirty
linen would not be washed in public"
he said. NOW I am getting my own
medicine"
At the outset of the proceedings
Recorder Mott had asked Mr.. Whit
ing If he was acting as counsel for
the prisoners or for the city. Mr..
Whiting made no reply.
Councilman T. McCurdy Marsh at
this juncture volunteered to repre-
sent the city, but Councilman Cotton,
who Is also a lawyer, said his col
league had no right to do so, and Mr.
Whiting continued his arguments.
President A. N. Messer. of the City
Police Commission, who was in the
rear of the room. arose and asked
If the work of placing the poles is
to be held up pending the city coun-
sells action.
1--WE are in bad" he stated. land
it Is up to u.s. to see that the con-
tract for the alarm system Is carried
out I don't want to go to Jail, and
these men cannot afford to lay off
for minute"
IT have no jurisdiction in the mat
ter of stopping the work" replied the
court. There was no~further discus
sion and the matter ended there.