Five Mile Beach weekly journal., 1920-10-08

Wild wood city mmlssloneTs, the
growing conviction of the optimistic
city clerk that there could be no bust
less transacted that day became con-
elusive. At 1 80 o'clock he called the
roll, when none of the commissioners
answered to their names. In conse-
quence it was incumbent upon this
solitary official present to adjourn the
stalled meeting to a day appointed,
which was designated as Wednesday,
October 9th, at the hour of 10 O'Clock
in the morning.
1t was learned from reliable sources
that all three of the commissioners had
iourneyed to Trenton last Tuesday to
be present at a session of the Court of
Chancery, presided over by Vice-Chan-
celIor Malcolm G. Buchanan. Charges
of contempt of court had been preferred
against the following citizens of Wild
wood in connection with the serving of
the injunction order to halt operations
in the tearing up of the board walk
IIOIn 1llCOlh ~ NdOhtSOAASA
Frank E. Smith, commissioner of
streets; Oliver Bright, commissioner of
revenue and finance; E. S. Culver and
John James, the latter having been
foreman of the gang of men engaged
in the work of tearing down the walk.
In the case of Oliver Bright it is re-
ported no testimony vas offered and he
was excused from going upon the wit
ness stand, although previously sworn
preparatory to doing so. Frank Il.
Smith was placed upon the stand and
questioned as to his alleged culpability
in the matter, but owing to conflicting
testimony in regard to the exact time
when the accused became cognizant of
the existence of the Injunction, Judge
Buchanan stated that a reasonable
doubt arose, and the jurist decided that
according to law this doubt must be
resolved in favor of the defendant, who
was then dismissed.
In the cases of E. S. Culverand John
James it is said Judge Buchanan ruled
that no such reasonable doubt had
been shown, and said he was therefore
com PEELED to adjudge both of these de-
PENDANTS guilty of contempt for refusing
to obey the COURTS, Injunction, after
they had been made fully aware that
such an order had been issued. Ac-
cordingly each of these men was SEN
fenced to pay a fine Of $40, together
with the costs Of prosecution, and
suffered in addition a rebuke at the
hands of the court for viewing so lightly
such a grave and important matter as
is a court order.
Judge Buchanan is said to have taken
a deep interest in hearing the testimony
and in listening to the arguments pro
and con on the Injunction suit. AT the
close, after celebrating seriously for
some moments, he decided to continue
the injunction until the 18th and 18th
days of January, at which time the
Mowitz equity case is to be reopened
and the c~omplainants in the Injunction
suit Mrs. Cecilia K. Binps, Charles
Heinle and John T. Byrne), be let into
a defense of their rights and interests,
which the city failed to do. In his de-
cision TO permit the boardwalk equity
suit to be reopened, upon petition of
the three compliments mentioned.
Chancellor Buchanan remarked that
any other citizen of Wildwood may
come into this defense at the anne
time. In the cause OF justice he felt
that these compliments, whose prop
critics abut upon the boardwalk, have a
right to be heard, and has set apart two
days for the purpose In order that the
whole boardwalk subject may be thor
oughly ventilated. Quite an array of
witnesses will likely be on hand then
to testify on both sides of the contro-
versy. When Commissioner Smith was
on the stand last Tuesday at Trenton
counsel for the compliments (ex-Judge
G. L. Cole asked him to state, as a
trustee of the people of Wild wood, how
long before the boardwalk was torn up
he had knowledge that an order to that
effect had been given. He replied that
he knew it the day before, Monday,
September Goth, and admitted that he
had negotiated with Charles L. Nicker-
son and John James that same day or
evening for the supplying of a force of
men to demolish the walk. The ques-
tions and admissions along those lines
would seem to indicate the laying of !