Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1873-07-31

~ otAt& At>uEkb IokIk 1AS6--t 06
following is the unanimous decision of The
Board Of Commissioners Of the State FISH
cry Force. upon the investigates Of the
charges against Captain William e. Tim
mons:
"Certais highly respectable geuslemen,
constituting the Grand Inquest Of tie
State of Maryland in and for the body Of
falbo, county. at the recent May term
of Its Circui: Court. deemed il proper to
represent to the Board Of Commiss;oners
Of the State Fishery Force their belief in
the unfitness Of wm Z. Timmons TO be
commander OF the State Fishery Police
force. for reasons detailed in their writ
ten communication to that Board.
THE allegations Of these gentlemen
were such rs to require some investigation
at the hands Of the Beard; aud hearing
nfthe matter. with testimony on both sides,
has resulted in the following conclusions:
The 6rst allegation is that Capt. Tim
mnas is in criminal collision with the
violators Of the law commonly kn ,wn %
the oyster law;' but it is evident that these
gentlemen were not convinced of the
truth Of this charge. for il they had been
it would have been their plain duty. as
sworn officers of the Law. to have indicted
Capt. Timmons; for section 80 Of article
Il. title Oysters Supplemental Code of
1870. provides that If said officer shall
fail to discharge his duty BY reason Of col
fusion with those interested in evading the
! law. he SHALL. upon prescntment. indict-
mcnt. and conviction. in q court Of Law.
be deemed guilty Of misdemeanor, and
fined or imprisoned. or both. at tho dis
erection Of the court But the grand
jurors did not believe this. and SO they,
in their individual capacities. declared
that they had reason to suspect this .erim-
inal collusion.' In justice to Capt. Tim
mons We deem it our duty to say that no tes-
timony whatever was brought before US to
sustain. in the slightest degree. such a
charge.
1.-The next allegation was that he neg
lected his duty in refusing to serve writs
of summons upon offenders. and in refas.
ing TO bring s1ch offenders before the pro-
per magistrates. when information has
been lodged by credible witnesses
"ln the op;u on Of tlis Board. Capt
Timmons is not the proper officer to serve
summons on offenders. Sheriffs and con-
stables. and in case of disqualification Of
sheriffs, coroncrs and elisors are the Off
GERS Of the law recognized by the Consti-
tuition rs competent to serve proc S.
And section 8. Of article IS. Of the Code
Of General Laws. provides that all writs
and process shall be directed to the Shcr-
III. unless he is disqualified, or unless
where ty lac the writ or process may be
directed to another officer The general
law does direct to whom the process issued
by Justice of the Peace shalt be dir, c.cd
for section 4 Of article 90 Of same Code
says that every constable shall obey and
execute all process directed to him from
any Justice of the Peace concerning any
matter, &c.
ITO entitle any other persons to serve
process issued by courts. or by Justices
Of the Peace. they mus. be specially en-
powered by law. Does the .oys.er law
give any such power? The 18th section
Of the act of 1870. relating to oysters
specially dcsignates the persons to serve
process in case Of warrants issued BY JUS
tees Of the Peace, and it will be seen that
the Commander of,he State Fishery Force
is not one Of them
1.-THE section is in these words:
Upon information given upon oath
to any Justice Of the Peace having juis.
diction. of any violation Of any Of the pro-
visions of this article. the Justice Of the
Peace shall issue his warrant for the ar
rest of the offender or ofFcnaers and the
seizure OF the canoe. boat or vessel, to-
gether with the tackle and furniture on
board. 'rh;ch ,cdrrant shoN be directed to
the Sheriff or any constable ofthe county
wherein said ,cdrrant IS issued, or to the
o""er er master Of any canoe, boat or res
sci licensed under this article
"The commander of the State fishery
force has no power. therefore. to serve
such writs. and an attempt TO do so would
render him trespasser. His business is
to keep his vessel constantly on duty
wherever opposition to the oyster law has
arisen or is likely TO arise. &c. (Scction
35. of 1909 lie is TO overhaul and ex.
anime all liccnscs,' &c ); 'to arrest all per-
sons found violating. or who may have
been guilty Of violating. any Of the pro-
visions of the oyster law and to 'seise all
boats or vessels, with their tackle and fur
ui,ure. which may be found on board such
boats or vessels 50 engaged. used or en-
ptoyed in rioiaiing the provisions of said
law
THE plain intent Of the Legis' aturc va.
to keep the vessels Of the force constantly
cruising in the prohibited waters to guard
the oyster beds. and to arrest all persons
caught in the act Of violating the oyster
law, or who. having been seen BY the Of.
accrs Of the force. are followed up and
captured.
such is the construction put upon the
Law BY this Board. which vas communi-
Gated to Capt. Timmons, aud ifhe refused
to serve writs his conduct did not sustain
charge Of neglect OF duty. Bot the
proof shows that he did notify most Of the
parties to appear before the Justices Of the
Peace in Talbot county in the cases which
gave rise to this allegation of the Grand
Jurors. Some appeared aud we're tried,
others refused to appear upon the no,ihca-
ton Of Capt. luminous, which. not being
| legal, had no effect on the parties charged.