Hailey v. City of Newark

Hartshorne, C. P. J.

The proceedings in the two above cases' are each brought under the mob violence statutes, more specifically under article 2 covering not only damage to property, but injury to the person, or loss of life by lynching. (R. S. 2:63-10, 11; N. J. S. A. 2:63-10, 11.) These latter sections refer to, and are defined by, the penal provisions covering mobs. (R. S. 2:152-1-3; N. J. S. A. 2:152-1-3.) Defendant, the City of Newark, first moved to strike the original complaints herein, both on the ground that the statutes were unconstitutional and that the complaints did not set forth…