96 N.J.L. 434 | N.J. | 1921
The opinion of the court was delivered b}r
The writ of certiorari allowed in this cause brings before this court for review the conviction of the
The first contention uiged hv the prosecutor against the validity of his conviction is that the said ordinance of the borough of Princeton is unlawful, unconstitutional and an invasion of the constitutional rights guaranteed him by the state constitution. We consider this point well taken. The revised charter of the borough of Princeton (Pamph. L. 1873, p. 567) gave to the borough council no express power to enact such an ordinance. Neither do we find any statute giving such power to the municipality. If the charter or a statute did purport to grant such power, it would be unavailing. The keeping of a disorderly house is a crime indictable at the
“The purpose of this clause was to prevent the bringing of any citizen under the reproach of being arraigned for dime before the public, unless, by a previous examination, taken in private, the grand inquest had certified that there existed some solid ground for making the charge. It took from the law officer of tire state, the attorney-general, one of the established prerogatives of his office, that of filing his information against supposed offenders and thus putting them on trial at his oto volition. The reputation of every man was thus put under the care of a single specified body. The language of the constitutional clause is very comprehensive, and the specified exceptions show conclusively that it was intended to cover the residue of the entire field of criminal accusation.”
It was therefore impossible to legally place on trial tire prosecutor in this case before tire borough recorder on the charge of keeping a. disorderly house, an offence which the prosecutor was entitled to first have presented to the grand jury. The case of State v. Anderson was followed in the case of Atlantic City v. Rollins, 76 N. J. L. 254, in which tire circumstances are almost identical with the case under review.
The conviction is set aside, with costs.