Five Mile Beach weekly journal., 1917-06-01

The undersigned property owners, tax PAYERS,
and residents of the City of Wildwood, believing
that the welfare and future development of the
city IS oelnS retarded by the keeping open on the
Sabbath day OF such unnecessary amusements as
vaudeville shows, bowling alleys, pool rooms, pic
ture shows, games of chance, etc. do hereby re-.
quest that the law be enforced in these matters;
and we hereby agree to support and stand by the
authorities in the performance of this duty"
It clearly the right of any and every citizen of this State to call upon
any public officer to perform any duty incumbent on such officer by the OBJ
legations of the office he holds; and no officer Sc required can refuse or
evade such duty except at his peril. Such is the law, and the united re-
quest of the body of citizens above stated cannot be properly or even safely
ignored by any officer of this county. The Prosecutor for one, has no such
intention.
Independent of Sabbath violation some matters specified in the above
list are illegal at all times, are subject to the criminal law and require the
corrective action of the legal authorities of city and county. Others violate
the Vice and immortality Act, and are hereinafter considered.
To guard against any mistake of law o fact, and to head off any
charge hereafter to be made of any surprise, unfarness Or haYhness against
any of the legal authorities of city or county or of the public spirited citizens
who, acting within their clearest civic rights and duty, and in the interest Of
what they hold to be sound public policy, are proposing to apply the
statutory remedy to the correction of public wrong, the writer deems it in
.cumbent briefly to state the legal situation.
F1Rsr-An the items in the above quoted list, and others probably ex-
listing, embraced within the generalization but not itemned,. including prac-
icary all unnecessary worldly labor and employment, done on the Christian
Sabbath or first day of the week commonly called Sunday, are contrary to
our common and statute law, and prohibited by the vice and immortality act.
4 compiled statutes page 5712 etc.
s~EcoND-Every person convicted of violating the provisions of this act
is liable t a fine, varying from one to twenty dollars with COSTS. and in de-
fault thereof to imprisonment for ten days in the county iaL
~TH1RD-Upon the third conviction (not necessarily requiring three Sun
days. for such violation, the ofense becomes habitual; and the offender, the
place of his ofense, and the owner who rents the premises knowing the
purpose thereof, are alike indictable and subject to penalty as for a INSIDE
meanor.
This position is fully supported by decisions of higher courts of many
States, and has been sustained in this State and county.
1t is the prudent and advisable course of any one in doubt of the mat
ter, to consult able counsel in the premises; and it will be the duty and
pleasure of the Prosecutor to freely confer with such counsel, at their re-
quest, and to direct their attention to such decisions and records.
That christianity is a part of the common law of this nation and State
is well settled; is probably known to every lawyer and to most laymen, and
while under the religious freedom clauses of our constitutions. persons who
reigiousy observe the seventh day are exempted, all others art required to
abstain from labor on the Christian Sabbath; and especially is this true when
the occupations have no element of necessity, but tend rather to fivoIty.
While citations of legal authorities may not interest the averag reader.
and are unnecessary to sdch as consult counsel, the dicta of the Supreme
Court Justices in the well considered case of State v. Williams, 80 N. ].
Law Reports, page Io2, are readily understood. Says the learned Chief
Justice inter ala.
store house, or other building, or a garden, in which illegal practices
are habtuaDy carried on is a public nuisance, etc."
'No private individual has a right for his own amusement or gain
to carry IN a public business clearly injurious to and destructive of the
public quiet, health, or morals, and is indctable fol 10 doing; because
the injury is of a public character, to the public, and not merely private
or to a single individual"
cit is a mistaken view of this crime to hold that violence or noise
disturbing the n~eighborhood are necessary constituents of it,
sAny person who keeps or causes to be kept for his own profit or
amusement OF for any other cause such a place of resort as 1 have de-
scrbed, or rents any building to any person knowing that the same will
be so kept, is also guilty of an indictable misdemeanor.'
While there may be a question as to the strict duty of the Prosecutor in
the enforcement of the Vice and immortality Act aforesaid. there can be
no possible doubt Of his duty, and there need be none of his action, when
repeated violations bring the matter within the jurisdiction of the Court Of
Quarter Sessions. tits to be hoped that this frank statement may operate
to prevent such necessity.
EUGENE C. COLE Prosecutor.