RCA Strikers Lose Appeal on Terms

Camden Courier-Post - October 28, 1936

State Supreme Court Refuses to Set Aside Conviction of 3 by Liberman

Trenton, Oct. 27.—The New Jersey State Supreme Court today dismissed the appeal of three defendants convicted in Camden Police Court as disorderly persons in activities growing out of the recent RCA strike in that city.

Appellants are Fred Barone, Catherine Bretschneider, and Irene Adair, each of whom was given 60 days and fined $100 on conviction of being disorderly persons. Samuel L. Rothbard, their counsel, attacked the validity of the complaints upon which the three were arrested, in his argument before Justices Trenchard, Bodine and Heher.

City Solicitor E. G. C. Bleakly opposed the setting aside of the convictions. John R. DiMona, also represented the city at the hearing.

Rothbard asked for a writ of certiorari to set aside the action of the Camden Common Pleas Court, which upheld the convictions of the Police Court. He argued that the complaint on which the three were convicted was invalid and ineffective under section three of the Disorderly Persons Act, in that the complaint failed to be specific and accurate in the charges made against them in the police court.

Bleakly contended that the defendants’ counsel had twice waived his right to get a review of their convictions. He claimed that under the Police Court Act of 1927 the matter could have been brought up to the higher court as soon as the complaint was made, or 30 days after the convictions.

Bleakly argued that Camden Common Pleas Court Judge Neutze, after reviewing the whole case could have granted the defendants a new trial, but instead upheld the proceedings in the police court.

He also argued that the Common Pleas finding could not be reviewed by a writ of certiorari. Rothbard contended that no other kind of an appeal from the Common Pleas ruling could be taken.