State v. Bienstock

Decision Date22 June 1909
Citation78 N.J.L. 256,73 A. 530
PartiesSTATE v. BIENSTOCK et al. (TWO CASES).
CourtNew Jersey Supreme Court

(Syllabus by the Court.)

Certiorari to review indictments against Charles Bienstock and others. Indictments sustained.

Indictment No. 139 is in the following words:

"The grand inquest of the state of New Jersey, in and for the body of the county of Hudson, upon their respective oath, present that, since the year 1850 continuously up to the date of the presentation of this indictment, the principal two political parties in the United States of America have been, and still are, commonly known and designated as the Republican party and the Democratic Party; that, since said first-mentioned date, continuously up to the date of the presentation of this indictment, every president of the United States who has been elected to the presidential office by electors, as prescribed by the Constitution of the United States, has, before his said election, been nominated to and for said office by one or the other of said two political parties, and that, during all the time aforesaid, one or the other of said political parties has been in control of the executive and legislative departments of the government of the United States; that the Republican party has during all the time aforesaid continuously maintained, and still maintains, a central and national political organization, commonly known and designated as the Republican national committee, which during all the time aforesaid possessed and exercised, and still possesses and exercises, general and supreme supervision and control of the management, conduct, and affairs of said Republican party throughout the United States aforesaid, and has also, during all the time aforesaid, continuously maintained and still maintains, in the state of New Jersey, and in each of the several other states of the United States of America aforesaid, a state political organization, commonly known and designated as the Republican state committee, which, during all the time aforesaid, possessed and exercised, and still possesses and exercises, subject to the said Republican national committee, general and supreme supervision and control of the management, conduct, and affairs of the said Republican party in the state of which it is the Republican state committee, and has also, during all the time aforesaid, continuously maintained, and still maintains, in each county of the state of New Jersey, and in each county of each of the several other states of the United States of America, aforesaid, a county political organization commonly known and designated as the Republican county committee, which, during all the time aforesaid, possessed and exercised, and still possesses and exercises, subject to the said Republican state committee and said Republican national committee, general and supreme supervision and control of the management conduct, and affairs of said Republican part in the county of which it is the Republican county committee; that for many years last past it has continuously been, and still is. the right, duty, and practice of the said Republican national committee, under its rules and regulations, in every year in which presidential electors are to be elected, and before they are elected, to issue a call for, and to fix the time and place for, the holding of a national convention of the Republican party, to be composed of delegates at large and of delegates other than delegates at large to be chosen directly or indirectly by the Republican voters of the respective states; that during all the time aforesaid, the delegates, known and designated as delegates at large, from the state of New Jersey to said Republican national convention, representing the Republican voters in New Jersey in said Republican national convention, have been, and still are, required by the rules, regulations, and practice of the Republican state committee of New Jersey to be elected by a convention of delegates chosen by the Republican voters of the respective counties of the state of New Jersey, and the delegates other than those known and designated as delegates at large from New Jersey to said Republican national convention have been, and still are, required by said rules, regulations, and practice of said Republican state committee to be elected by a convention of delegates chosen by the Republican voters in each of the several congressional districts of the state of New Jersey, and that said delegates to said Republican state convention in the state of New Jersey, and to the convention in each of the several congressional districts of the state of New Jersey, have been during all the time last aforesaid, and still are, required by the rules, regulations, and practice of the Republican party, and of the Republican county committees of the respective counties of New Jersey, to be elected by the Republican voters in each of the said counties, at primary elections, held at such times and places, in each of said counties, as the Republican county committee of each of said counties has designated, or may designate.

"And the grand inquest aforesaid, upon their oath aforesaid, do further present that the Republican national committee aforesaid on the — day of —in the year of our Lord 1908, issued its call for the holding of a Republican national convention to be held in the city of Chicago, in the state of Illinois, on the 10th day of June in the year last aforesaid, for the purpose of nominating the candidates of the Republican party for each of the respective offices of president of the United States, and vice president of the United States; that in obedience to and in compliance with, said call the Republican state committee of the state of New Jersey issued its call, addressed to said several Republican county committees of the state of New Jersey for a state convention, to be held in the city of Trenton, in this state, on the 5th day of May, in the year last aforesaid, for the purpose of electing four delegates at large to the Republican national convention aforesaid, and also for the holding of a convention in each of the several congressional districts of the state of New Jersey, for the purpose of electing delegates, other than delegates at large, to said Republican national convention; and that in obedience to, and in compliance with, said call, so as aforesaid issued by said Republican state committee, the Republican county committee of the county of Hudson of this state, on the—day of—, in the year last aforesaid, ordered and directed that primary elections of the Republican party should be held on the 28th day of April, in the year last aforesaid, throughout the said county of Hudson, and appointed the persons who should act at each of the said primary elections, and that one of the said primary elections so ordered and directed by the said Republican county committee was by the said committee ordered and directed to be held, and was held at No. 5 Brunswick street, in the city of Jersey City, for the — districts of the Fifth ward of the said city of Jersey City (said districts of said ward being then and there included in, and forming a part of, the Tenth congressional district of the said state of New Jersey,) for the purpose of receiving the votes of the Republican voters in the — districts of the said Fifth ward of the city of Jersey City, qualified to vote, and offering to vote, at said primary election, for delegates to the Republican state convention as aforesaid, and for delegates to the Republican conventions to be held in the Tenth congressional district of the state of New Jersey.

"And the grand inquest aforesaid, upon their oath aforesaid, do further present that Charles Beinstock, Thomas Brodell, and Peter J. McDonald, all late of the city of Jersey City, in the county of Hudson aforesaid, on the 28th day of April, in the year of our Lord one thousand nine hundred and eight, at the city of Jersey City, in the county aforesaid, and within the jurisdiction of this court, being then and there designated and appointed by the said Republican county committee aforesaid to conduct, and then and there conducting, a Republican primary election at No. 5 Brunswick street, in the city of Jersey City, for the Fifth ward in said city, for the purpose of receiving the votes of all Republican voters, qualified and offering to vote at said primary election, and residing in the Fifth ward of the city of Jersey City, for four delegates to the Republican state convention so called to meet at Trenton as aforesaid, and for four delegates to the congressional districts of New Jersey as aforesaid, it became and was their duty, as the persons actually in charge of and conducting said primary election, to receive at said primary election the votes of all qualified Republican voters in said districts of said ward who desired and offered to vote at said primary election for any person, or persons, as delegate, or as delegates, to said Republican state convention, or to said congressional conventions, and to give to all votes cast at said primary election their full, due, and honest effect, and to reject the votes of all persons offering to vote at said primary who were not qualified Republican voters in said district's ward; and to honestly and accurately tally, count, canvass, allow, and declare the full and correct number of votes cast at said primary election by qualified Republican voters voting thereat, for the person, or persons, for whom said votes were cast, and not to tally, count, canvass, allow and declare any votes for any person, or persons, at said primary election that were not cast for such person, or persons, and to conduct said election in all respects fairly and honestly, to the end that the persons and candidates receiving a majority of the votes cast at said election by qualified Republican voters voting thereat should be declared to be, and should be, returned to the said ...

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7 cases
  • State v. Aircraft Supplies, Inc.
    • United States
    • New Jersey County Court
    • April 26, 1957
    ...Co., 13 N.J.Super. 172, 80 A.2d 342 (Cty.Ct.1951); State v. Ellenstein, 121 N.J.L. 304, 2 A.2d 454 (Sup.Ct.1938); State v. Bienstock, 78 N.J.L. 256, 73 A. 530 (Sup.Ct.1909). However, we are confronted in this case with a situation which is An examination of the allegations contained in the ......
  • Wene v. Meyner
    • United States
    • New Jersey Supreme Court
    • July 9, 1953
    ...not bound by the common tie and do not share the common aim. Hopper v. Stack, 69 N.J.L. 562, 56 A. 1 (Sup.Ct.1903); State v. Bienstock, 78 N.J.L. 256, 73 A. 530 (Sup.Ct.1909). Genuine attachment to the party may be made a condition prerequisite to such participation in party affairs and fun......
  • State v. Black
    • United States
    • New Jersey Supreme Court
    • June 6, 1927
    ...and Agreements, London 1873, pp. 66, 67; 2 Stephen on The History of the Criminal Law of England, pp. 227-229; State v. Beinstock, 78 N. J. Law, 256, 269, 73 A. 530. Whether a conspiracy to monopolize is criminal at common law has never been directly passed upon by the courts of New Jersey,......
  • State v. Mcfeely
    • United States
    • New Jersey County Court
    • April 29, 1947
    ...State v. Norton, 23 N.J.L. 33; State v. Donaldson, 32 N.J.L. 151, 90 Am.Dec. 649; State v. Cole, 39 N.J.L. 324; State v. Bienstock, 78 N.J.L. 256, 73 A. 530; State v. Continental Purchasing Co., 119 N.J.L. 257, 195 A. 827, affirmed 121 N.J.L. 76, 1 A.2d 377. Now defendants admit all of thes......
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