The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-06-10

IMfoRrANT DECISION IN REGARD TO THE
SHERIFF's PowERs-What are LapfI and what
Legal Means.-Judge Lowrie, in the District Court
at Pittsburgh, has given decision that where,
under the law making the county liable for DANA
ges arising from riots, and requiring the sheriff
take all legal means to prevent the injury, the
sheriff hires, at great expense, armed military COM
panies to aid him, he cannot claim to be repaid by
the county for such expenses. The sheriff hired
several volunteer companies TO protect the rolling
mills, which were threatened with destruction by
a mob. The Court drew distinction between
lawful and legal MEANS which the sheriff is author
ized under law TO adopt, when riot Is threatened
To say that the sheriff was bound 10 use all lawful
means to prevent the threatened destruction Of
property, is TO say that he must use all the means
that are not unlawful and this would include all
those physical and moral means which might be
adapted to the OCCASION whether pointed by the
law or not means winch not properly official,
and which cannot reasonably be exacied of public
officers
When the law requires officer to take all "lepal
means to effect All Object, itintends that he shall
take all such means as he may officially use, and
he is not chargeable with neglect Of duty, if he
adopts the means prescribed by law for such occa-
sions, though he omit other plain physical and
moral means. These, may be lawful, because not
forbidden; but they are net legal means, because
not prescribed by law as means to be used by him
in his tce. He is not liable except for neglect of
official duty, that is, for not using those means
which the law puts into his hands by his official
investture. At common law the sheriff has au
,hority TO raise the power of the county, armed, if
he thinks proper. He may demand the attendance
Of any number of armed cit zens to aid him in his
duty. When necessary, it is his duty to command
and theirs to obey Bu he has no authority to hire
certain military companies for price to do what
they and ever man were bound TO do as matter
Of public duty. BY this decision the sheriff will
have to pay 50 900 of his own money.
The CENsUs.--The census table reveals some
instructive facts One is, that, Notwithstanding
| the continual recruits from the South, by " the
| undergroun railroad 'and otherwise, the number
| of eolored parsons in NewEngland has diminished
| 402 since lS40. In NewHimpshire, Vermont and
| Connecticut, there less colored persons now
than there were thirty wears ago The greatest
falling-of is in John p Hae's State, where, since
1890, (sxty years,) The number of coored persons
has diminished from 788 AT or about two fifths
We think Mr.. Hale is bound to account for thh
heavy loss. There is also a loss of 2579 in the
| State Of NewYork within the last len years, which
Gerrit Smith & Co. are expected to account for
| Massachusetts and Rhode Island are the only New
| England States where the colored population ha,
| increased since 1910, viz: Massachusetts, los
| which we suppose is to be attributed to the eff,r
of Mr.. Garrison, Abby Kelly, Wendell Phillips
etc. That IN Rhode Island is not so easily account
ed for. 1t is, however, 35 less than in 1880, which
renders it probable that there was an error in tn,
last census. IN Y. Jour. Com.