» * Herald & Lantern 7 November '84 ' - c. - - . « 47

Presentment: Conditions Which Demand Correction And Warrant Revealing

JUDGE GRUCCIO (ED. NOTE: A Cape May County Grand Jury last week issued a 60-page presentment, published in this paper in its entirety, critical of a half-dozen Middle Township officials for their handing of Sewerage Commission duties. Following are excerpts from Superior Court Assignment Judge Philip A. Gruccio's charge to the Grand Jury.) The function of the Grand Jury is not to determine whether someone is guilty or not guilty of a crime — that is the responsibility of a- petit jury. Rather, the primary function of the Grand Jury is to decide whether there is a "prima facie" case leading you to believe that a crime was committed and that the accused committed it. The Grand Jury has two functions: 1) to investigate; and 2) to return presentments. Your principal function is to investigate alleged violations of the criminal law of this County. You are an inquisitorial body. You are the accusing body of this County; the accusor of those whom you find have committed offenses against the criminal laws of this State after hearing the evidence. The second area of your .power and jurisdiction is the pov ;r to issue what we call a "presentment". Under the law of this State, the Grand Jury may, if the evidence warrants it, determine that there are conditions in public matters which demand correction or improvement and that warrant revealing to the public by "presentment," although such matters may not be indicative of criminal conduct. ' OUR COURTS have recognized that Grand Juries may investigate Conditions and offenses affecting the morals, the health and welfare of the public-at-large in this County. The Grand Jury presentments serve a need that is not meUby any other procedure. ... a presentment must deal with a matter of general

public interest, or relate to some aspect of public affairs or to some public evil to which the Grand Jury feels the attention of the community should be directed. It cannot be used to single out persons in private or official positions and impugn their motives, or to hold them up to scorn or censure. A presentment may be critical of an individual, however, whether named or not, only when such criticism is incidental to the main purpose of the presentment, and then only if the proof is conclusive and if it may be said with absolute certainty that the conduct of the particular individual is inextricably related to the undesirable condition reported upon. This is necessary as a matter of fundamental fairness, for otherwise individuals might be subject to unjustified charges of criticism, against which they would be powerless to defend. THERE CANNOT BE any compromise with crime. We must be vigilant to extinguish it. There is no justification for crime waves. They exist only because of the complacency of the community and the failure of those charged with administration of the criminal law to maintain an preserve order and decency. It is essential to combat indifference and inculcate a sense of individual obligation in the community and to the Government. There must be respect for law by everyone. Law to be effective must be enforced. Law is only good so long as it is a system which people want to live. Where respect for law does not exist society deteriorates. In our Country where the stability of courts rests upon the approval of the people, it is particularly essential that the system for dispensing justice be so conducted and maintained that the public shall have absolute confidence in the integrity, impartiality and efficiency of its administration.

Our Readers Write Patronage Costs Taxpayers

To The Editor: Lower Township Councilman Joseph Davis' Oct. 24 letter is a classic liche of "the pot calling the kettle black." It is generally understood that Davis, although a registered Republican, has joined forces with the two Democrats; Mayor Robert Fothergill and Councilman Lonergan, to form a majority on the Lower Township Council. This letter is in no way intended to defend the Republican control of Cape May County politics as indicated in Davis' letter. Instead, it is intended to point out some of the patronage handed out by the two Democrats, Mayor Robert Fothergill and Councilman Joseph Lonergan, and turncoat Davis, thus making a majority on the five-member governing body, and also the continuing pressure for further patronage at the expense of the taxpayers in Lower Township. Some of the patronage appointments to paying positions: MERCANTILE LICENSE: Official Dolores (Dolly) Hughes, a registered Democrat and close friend of Bieberbach. She has held one of the more lucrative patronage positions for several years. Prior to the appointment as Mercantile License Official she was Yard Sale Inspector. Board of Health: Arthur Glass who, it is understood, supported the Lower Township Democratic candidates in die May 1984 election. Mary Ellen Daino, treasurer of the Cape May County Democratic Party. It is understood that Daino vigorously supported the Democratic candidates in the May election. Earl (Joe) Klinger, a registered Democrat through 1982, after which he registered Republican, Klinger ran for Council from Ward 1 in the May election and was defeated Terrific Coverage To The Editor: The 1984 Wings 'n Water Festival was an enormous success and on behalf of the Board of Trustees of the Wetlands Institute we thank you for the terrific press coverage that the Herald and Lantern did before, during and after the festival. Your tabloid is a vital part of our public information and I'm sure a great many of the 3500 people who attended read about the festival in it. Thank you. CINDY O'CONNOR Festival Coordinator x The Wetlands Institute Stone Harbor Blvd. Middle Township

by Councilman Conroy. It is reported that during his campaign for Councilman he supported the at-large candidates, Messrs Fothergill and Davis, for which he* has been rewarded. Catherine (Cass) Clark, a registered Republican, who is understood actively supported Councilman Davis and the Democratic candidates, including a sign on her lawn and campaigning door to door. Lower Township MUA: Linda Merrill, who served as Mayor Fothergill 's campaign manager, was appointed to serve until June 30, 1988. Frank Coyle, a former member of the MUA, was reappointed to serve until June 30, 1989. Coyle is a registered Democrat who vigorously opposed •the change to the nonpartison Council-Manager Forn of government for Lower Township in the November 1983 election. However, it is understood that he actively supported the Democratic candidates in the May 1984 election. IT SHOUCD ALSO BE NOT&? that Cass Clark held a permanent position with the county teaching ceramics in Building 29 at the airport for a number of years, but resigned recently, apparently due to some friction with the person in charge of Building 29. It is further understood that Clark attempted to be reinstated but was not accepted. There was a report a couple weeks ago that Clark had access to a ceramic kiln, which she supposedly offered to do voluntary ceramic instruction if the kiln was installed at the Millman Civic Center. Apparently there was some opposition to the township going to the expense of installing the special electricl service required to supply power to this kiln, which requires a special heavy elartrical service. — The kiln has been installed and it is understood that Messers Davis and Lonergan paid for the installation out of their pockets. However, the kiln is not on a separate meter. If Messrs Davis and Lonergan are so anxious to further reward Clark for her loyal support in the May election, then they should have this circuit on a separate meter billed to them. The maximum power requirements for this kiln is 8640 watts, a very substantial load to add to the already heavy electrical expense at Millman Civic Center. This whole episode has all the earmarks of a means of cracking the door for a permanent position for Mrs. Clark on the Township payroll LOWER TOWNSHIP TAXPAYERS apparently are faced with a sizable tax increase in the coming year. Therefore, "we" taxpayers should not be burdened with expenses formerly borne by the county until Clark, apparently in a huff, resigned her ceramics teaching position at Building 29 at the Airport The patronage outlined in this letter suggests that the "Democratic Coalition" on township council firmly believe in the age-old political axiom. "To the victors belong the spoils." This in a technically "non-partisan" form of government. 4 A. LEOJORDA North Cape May

Joyridelll By Libby Demp Forrest '

i ' Sometimes things go the way you'd like them to. Sometimes when you forget to put softener in the laundry the clothes come out cling free anyway For two days last week I wondered how the election for president of the freshman class was going at #l's college. I kept hoping he'd win, but I know there are times you put softener into the laundry and the clothes still don't Come out they way you want them to. It did seem a little incredulous to me that a kid who wps raised in a hamlet could go off to college and become president of the freshman class. I hoped for the best, but I thought a lot about the jug of softener in the laundry room — how it doesn't always do what I'd like it to do. AFTER DINNER on election night, #2 and I carried the dirty plates into the kitchen. I kept thinking about #1 and I started to pick up the phone to give him a call, but put the phone back on the hook. t * I looked at the clock and decided I'd better do the laundry before it got too late. I was mulling over the softness of the load that went into the dryer before breakfast when the telephone rang. "It's probably for me," #2 called as he went to answer it. "Probably some girl who can't rest tonight until she gives me a call." , I STARED at the softener mulling over whether I should stick with the same brand or go up a notch and get something a little better. "Mom, get on the line," #2 yelled. He said #1 was calling. "He lost the election, Mom," said #2. "You'd better talk to him." I picked up the kitchen extension. "You're talking to the pres, Mom," #1 exclaimed. "You?" I asked. "You? You won?" "I won, Mom," #1 said. "THAT'S WONDERFUL." I said. "Congratulations. I can't believe it. That's fantastic. I'm so proud of you." "I can't believe it either," said #1. "But it's true, Mom. I went to where the votes were being counted and I kept watching the numbers on the blackboard. I was real nervous. The other guy who was running kept watching the numbers too. When all the votes were counteff was called over to the blackboard." "What are you gong to do now?" I asked. "There's people waiting for me," said #1. "I gotta go." "I know, ' I said. "There's gong tp be a celebration. I'm going to celebrate too. I'm going right back into that laundry room and add an extra cup of softener. I'm going to let myself go." "Go for it, Mom," said #1. Tumbleweeds? — (From Page 46) because this is the way things have always been. As long as you have local people walking around in the middle of July saying things like "forty -five days to Labor Day", then this will always be a one-horse town for eight months' You can't change the area just by not saying "off season." Let's pull our heads out of the sand and take a good look around. The area has winter potential: it just needs some work. Thank you very much for listening to me, and have a nice off season. FRED UHLMAN 4 Rio Grande

Jj ^ Doris Ward ' uor u ware -

Pertwey'i Seavillr Service Center t