Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1924-12-09
To Investigate Alleged Failure
of the Police to Enforce
Prohibition Laws
CHARGE TO GRAND JURY
Cites New Brunswick, Perth
Amboy and Other Places
in the County

NEW BRUNSWICK, Dec. 81:
Supreme Court Justice Kaliseh In
charging the new December grand
jury this morning ordered an inves-.
tigation into the alleged failure on
the part of the police of this county.
New Brunswick and Perth Amboy
being mentioned specifically, to en-
force the prohibition law. Chiefs OF
police and their subordinate officers
can be indicted for malfeasance,
misfeasance or misdemeanor IN
office If an investigation shows that
the members of the force are per-
mitting liquor violations of which
they have knowledge.
There seems to be a general dis
position in New Brunswick, Perth
Amboy and other places in Mlddlesex
county on the part of police officers
to fail to observe the liquor act
which forbids the sale of liquor.
have been informed that in some
places no attempt is made to conceal
the fact that liquor is sold contrary
to law. / do not know what evidence
is behind these reports. If there is
no evidence 1t is the fault of the on
Gals whose duty 1t is to see that the
law is obeyed."
Judge Kalisch instructed the sur-
ors that under the rule governing
police, it is the duty of the chief to
see that his subordinates bring Of
tenders before the court for punish
ment. Failure on the part of the
chief to see that his subordfnateS en-
force the law constitutes an indict-
able offense,s the judge said. "a
police officer patrolling a beat, w.
he sees an open violation or f/@-z
liquor law, may arrest without war
rant. In cases where the officer has
reasonable basis to think the law Il
being violated. he has not the rigt,f
to make a raid but his duty Is ~ 80
port the fact to his superior. II snrh
a case, an officer who wilfuliv fails ~
report when reasonable grounds for
usp-clon are present, is guilty of mis-
oemeanor which is also ind icfa HE
Failure OF police officials to pei
eeiuence in liquor violation cases
SHOWS laxity on their part. No mat.
Ter what the personal feelings Of The
oiheers may be, the law must he
opeyed. Enforcement may be ab.
noxious but the law must be reco~l
nized- The ballot box is the onIv
method which can be used apafr,st
this law. The refusal OF an offirer
TO obey any law has the tendency IL
destroy the basis on which good gov
ernment is founded.
If evidence is produced to the
grand jury which will show thar
police officials failed in their duty Ia
enforce the liquor law, the grand
jury must indict If any member 81
the grand jury has knowledge that
the law Is being violated It is his
duty to bring such knowledge to the
BODY even though no complaint has
been made. Members of the grand
jury have almost unlimited power 81
the Issuance of subpoenaes. thus
making 1t possible to carry on an in
yestigation which will determine the
truth of reports that liquor viola
tons are rampant and police officials
are not doing their duty
Judge Kalisch told the jurors that
there was one other matter ne
wished to mention specifically and
that had to do with the charge of
malpractice against a New Bruns-
wick physician against whom
charges have been made on former
occasions. II the testimony which
the grand jury hears this time III
the case against the doctor, Judge
Kalisch said. shows that he has been
guilty OF malpractice it Is the jury
duty to return q true bill against
him. If an operation were performs
ed to save life or better the health
Of q patient, the judge said. It is not
indictable. but otherwise the act con
stitutes malpractice.