Perth Amboy evening news., 1915-02-08
CITY UNLIKELY
TO REFUND $40
PAID AS FINE
If Officials Do Pay Back Court
Fine They Will Probably
Have Schroeder Arrested
Again-Attorneys Argue.

If the Central Labor Union de-
mands the return OF the ten dollars
collected as fine by the city on the
conviction of Arthur Schroeder as a
disorderly person last Jpne, and
which conviction was set aside Sat
urday, there will probably be an
other legal fight. The city has the
ten dollars, and Judge Charles G.
Hommann, who represented the city
in the contest to have the convic-
ton set aside, declares that the ten
dollars does not have to be returned.
Thomas Brown, representing the
Central Labor Union, on behalf of
Mr.. Schroeder, declares the. ten dol
lars will have to be rekrnett. NE.
Brown, however, stat atoes. aorn-
ing that he would nossp nosspenal.nds eil Ind s1ne re-
turn of the amount of the H~-1unless
il y -.-.a.ss -r.1su
aY,fFyv1Isssu Is % az 10 BY his fiienf. "a +.
Brown said that the main point was
to have the conviction set aside. No
move was made up to late hour to-
day to have Mr.. Schroeder re-arrest-
ed and fined on the same disorderIy
charge, but this may be done II he
demands the restoration of the ten
dollars, collected as a fine last June.
Must Have Court Order.
= Judge Hommann stated this morn
ing that the fine was paid and could
not be recovered Notwithstanding
the order issued by Supreme Court
Justice James J. Bergen in Elizabeth
Saturday which reads: THE court
having inspected the transcript of
teh proceedings of Harold E. Pick
ersgill, recorder OF the City of Perth
returned with the certiorari
In this cause the reasons for reversal
of the judgment herein and heard
the arguments of counsel thereon
and having duly considered same:
'It is ordered that the judgment
Of Harold Z. Pickersgill, recorder of
the city of Perth Amboy, be re-
versed, set aside, made void for moth
ing holden, and that the said prose-
cutor In certiorari be restored I'm all
things wherein he hath lost by rea-
son of said conviction or judgment"
Mr.. Brown claims that restored
In all things" would mean the res
toration of the ten dollars, though no
specific allusion to the repayment Of
the fine collected was made by the
Justice.
The action OF the justice was not
a surprise to Recorder Pickersgill, as
he pointed out this morning the mass
of technical proceedings which the
statute requires for the conviction OF
a person as disorderly. A written
sworn complaint is first called for,
elaborately setting forth the charge
and. on conviction, special con-
viction form the statute requires to
be made out and, together with the
sworn complaint, filed not later than
ten days. There is even "blue
law" which makes the magistrate or
recorder liable to prosecution If the
papers are not filed with the county
clerk within ten days. AS IL such
techniealities were followed to the
letter with every drunk or other
minor offender, justice could not be
expedited in the recorders court, no
drastic change in the present pro-
ceedings will be made following the
order of the supreme court justice.
The proceedings in such a case are
so technical and complex that law
yers say that even II the papers were
made out by an attorney, there could
be some point of the statute not
complied with with which to have
the case reversed in the higher court