McGovern v. Riper

• Decision Date: 31 January 1946
• Docket Number: No. 239.,239.
• Citation: McGovern v. Riper, 45 A.2d 842, 137 N.J.Eq. 548 (N.J. 1946)
• Court: New Jersey Supreme Court
• Parties: WILLIAM MCGOVERN, appellant, v. WALTER D. VAN RIPER and CHARLES H. SCHOEFFEL, respondents

45 A.2d 842

McGOVERN, Sheriff,

v.VAN RIPER, Atty. Gen., et al.

No. 239.

Court of Errors and Appeals of New Jersey.

Jan. 31, 1946.

Appeal from Court of Chancery.

Action by William McGovern, Sheriff, against Walter D. Van Riper, Atty. Gen., and another to enjoin the taking of plaintiff's fingerprints and photograph and sending copies to others.Order was entered 43 A.2d 514, 137 N.J.Eq. 24, dissolving ad interim restraint against the taking of complainant's fingerprints and photograph, but continuing restraint against forwarding, disseminating or publishing them in advance of conviction unless complainant shall become fugitive from justice.Complainant appeals from the part of order dissolving ad interim restraint.

Affirmed.

See also45 A.2d 844.

William George, of Jersey City, and Frank G. Schlosser, of Hoboken, for appellant.

Walter D. Van Riper, Atty. Gen. (Mark Townsend, Deputy Atty. Gen., of counsel), for respondents.

COLIE, Justice.

William McGovern, the Sheriff of Hudson County, was indicted for failure to comply with R.S. 53:1-15, N.J.S.A. providing that ‘the sheriffs * * * shall immediately upon the arrest of any person for an indictable offense, * * * take the fingerprints of such person * * * and forward without delay two copies * * * õgether with photographs * * * to the state bureau of identification.’The day following the handing down of the indictment, Mr. McGovern filed a bill of complaint in the Court of Chancery to enjoin the Attorney General and Acting Prosecutor of Hudson County, Mr. Van Riper, and Charles H. Schoeffel, Superintendent of State Police, their agents and servants ‘from taking the fingerprints or photographs of the complainant upon his arrest for the misdemeanor for which he now stands charged, and from forwarding the same to the superintendent of State Police of New Jersey or elsewhere unless and until he stands convicted thereof.’

The Court of Chancery made an order to show cause with ad interim stay ‘from taking the fingerprints and photographs * * * and * * * from forwarding the same to the superintendent of State Police of New Jersey or to any other person or body.’On the adjourned date of the order to show cause, August 6, 1945, an order was entered that the defendants ‘desist and refrain from forwarding, disseminating or publishing in advance of conviction, the fingerprints and photographs of the complainant to any person or body whatever unless the complainant shall become a fugitive from justice.

‘Further ordered that the ad interim restraint heretofore granted against fingerprinting and photographing the complainant, upon his arrest for the misdemeanors with which he now stands charged, be and the same is hereby vacated and dissolved.’

William McGovern appeals to this court from that part of the order of August 6, 1945, which vacated and...