STATE v. GROSS.
(N. J. Supreme Court, Jan., 1922).
City Ordinance Against Disorderly Conduct--The Disorderly Act--Removal of Persons from Railroad Train.
Case of The State against Jacob Gross, Prosecutor. On certiorari dismissing conviction.
Mr. Charles W. Broadhurst for the Rule.
Mr. Joseph J. Weinberger for Prosecutor.
Argued before Justice MINTURN by consent.
MINTURN, J:. The prosecutor of this writ was convicted before the Recorder of the City of Passaic for violating section 72 of an ordinance of that city which provides as follows: "That any person, who shall in any place in the city of Passaic, make, aid or assist in making any improper noise, riot, disturbance or breach of the peace, or shall behave in a disorderly manner, or make use of obscene or profane language ... shall each be liable to a penalty of five dollars for every offense."
The violation complained of was that, while he was a passenger on an Erie Railroad train, and while the train had stopped at Passaic, he refused to remove his baggage from between the seats to the baggage compartment at the request of the conductor, as a result of which the prosecutor became noisy and boisterous, and the conductor thereupon caused the removal of the prosecutor and his baggage from the car, and turned him and it over to a local police officer. He was thereafter prosecuted as a disorderly person and convicted of that offense.