Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-05-18
CHIEF JUSTICES
HOT CHARGE ON
MARKET CASE
Directs Grand Jury to Probe
Payment of $4,000 to Es-
sex Construction Co.
IF CONSPIRACY is
SHOWN, THEN INDIcT
The Charge Is Supposed to Be
Outcome of Bribery AIIega-
tions by Alderman H. Hahn.

Chief Justice William S. Gummere
instructed the second April grand
jury, sworn in this morning, to in
Vestigate the action of the Common
Council Of last year in passing a
resolution authorizing the issue of a
warrant for $4,000 to the Essex Con-
struction Company for work perform
ed in connection with the erection of
a new market.
The Chief Justice outlined the pro-
ceedings in the Common Council and
before the courts which resulted in
the courts declaring null and void
the first contract authorized by the
Common Council. Following the
courts decision the Common Council
passed a resolution directing the pay
ment of $4,000 to the Essex Con-
struction Company for work per-
formed under the first contract.
you ought to indict those officials
whom you find knowingly did this
unlawful thing" said the Judge.
Nathaniel King, broker and men,
ber of the Board of Education, was
appointed foreman of the jury.
Charge Came as a Surprise.
chief Justice, came as surprise to
most of those in the courtroom. No
intimation that the prosecutors Of
flee was investiga ting the transaction
was had until the chief justice began
his charge. Probably the only per-
sons in the courtroom who knew
. what was about to happen we're the
chief justice, Prosecutor Frederick It.
Guild and Second Assistant Prose-
cutor Van Blarcom.
Prosecutor Guild would make no
comment, but it is believed that the
charge by the chief justice was
direct result of the prosecutors in
vestigation into the Alderman Henry
Hahn bribery stories.
While directing that, If the facts
are found to be as he outlined them,
the grand jury should indict for high
misdemeanor; he also intimated that
indictments for criminal conspiracy,
involving members of the Common
Council, the mayor signing the reso-
luton and the officials and agents of
the Essex Construction Company
who knowingly did this thing"
could be found.
The chief Justice repeated his usual
warning about keeping secret the
happenings in the grand jury room
and his caution to not allow infu-
ence to be brought to bear upon
them, but he put unusual emphasis,
on voting indictments on the evil
dence presented by the prosecutor,
and told them to disregard anything
they may hear outside. do your
duty without regard to public ap
prevail he said.
The Charge Unusually Long.
The chief Justices charge was one
of the longest he has delivered to
grand inquests here in recent years,
taking nearly three-quarters of an
hour to deliver. The only other mat
ter upon which he touched WAS the
murders In connection with the Hol.
lander fur plant strike
None of the officials alluded to by
the chief Justice were mentioned by
name. The mayor he referred to as
'.his honor the mayor Former
Mayor Jacob Haussling, whose term
expired December 81, was the city's
chief executive at the time, referred
to by the chief justice.
The Justices charge on the market
matter came after he had charged
regarding the Hollander strike muir
ders There is one other matter to
which ! wish to call your attention."
he said, "and it concerns a public
affair with which you have un-
doubtedly become familiar through
the public prints. 1t is the matter
of the payment of $25,000 by the city
for alleged work done under the new
market contract.
The chief justice explained in great
detail what preceded the alleged
illegal conduct on the part of the
city officials. He told how the con-
tracts for the market had been
awarded and how the Supreme Court
had set 1t aside, as null and void upon
testimony taken at the instance of
taxpayers
After all this had taken place, he
said, the city officials went ahead
and paid approximately $4,000 to the
Essex Construction Company, who
had gotten the bid in the first place
and started work ON the market.
That was the amount of bill sub
mitted by the company for what
work had been done on the job-excd-
walton for the foundations of the pro-
posed building, he said
"Citizens of the city took steps to
test the validity of the ordinance
making the payment, and that fact
was known to city officials, but not
withstanding this knowledge, the
same day the resolution was ap-
proved by the mayor warrant was
drawn and the money Immediately
paid, the W0Ole lTdflSdcllOU D6lIlR gone
through with such lightning like
rapidity that that stay, secured by
the taxpayers in court, was ineffec-
tive, because payment had already
been made
"The Common Council and men,
bers of that body and the mayor
knew, or at least were presumed to
have known, that this work for
which the Essex Construction Com
pany claimed compensation had been
done under a contract that had al
ready been declared null and void by
the Supreme Court. They knew, or
were presumed to have known, that a
payment under a null and void con-
tract was illegal. They are presumed
TO have known that IL they under
took to make payment, that certain
charter requisites must be observed,
requisites which the Legislature inn
posed on the payment of moneys for
the protection of public funds.
Immediately after the approval of
The resolution, and so quickly that
judicial Interference secured by tax
payers was impossible; and not IN
the course of businessmen by de-
posting check so that 1t would go
from one bank to another, but by
having it sent to the bank on which
ii was drawn--I think it was the Fed
eraI Trust Company-the transaction
was accomplished. so that by the
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