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

THE STarE FfsnxRr Foncs CAsE.-The
following Is the unanimous decision ofthe
Board Of Commiasioners Of the STATE Essh-
cry Force. upos the investigation Of the
charges against Captain William 3. Tin-
mons:
Certain highly respectable gexslemea.
constituting the Grand Inquest Of the
Srate Of Maryland in and for the body Of
Talbot counsy.' a, the recent May term
Of its Circuit: Court. deemed il proper to
represent to the Board Of Commissioners
Of the State Fishery Force their belief in
the unfitness Of VIM. Il. luminous to be
commander Of the State Fishery Police
force. for reasons detailed in their writ
ten communication to that Board.
1.-The allegations of these gentlemen
were such As to require some investigation
At the hands Of the Board; and hearing
II the matter. with testimony on both sides,
has resulted in the following conclusions:
The 6rst allegation is that Capt. Tim
mons is lin criminal collision with the
violators Of the Law commonly kH,wn ~
the oyster law but il 10 evident that these
gentlemen were NOS convinced of the
truth Of this charge. for If they had been
it would have been their plain duty. as
sworn officers Of the Law. to have indicted
Capt. luminous; for section 80 Of article
II. title Oysters Supplemental Code 81
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 presentment. indict-
ment, and conviction. in court Of law,
be deemed guilty of misdemcanor, and
fined or imprisoned. or both. at the 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 .srim-
inal collusion.' In justice to Capt. Tim
mons We deem it our duty to say that no tes-
,imony 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 refus-
ing to bring s1ch offenders before the pro-
per magistrates. when information has
been lodged BY credible Witnesses
''ln the opin on Of this 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 as competent to serve proc S.
And section 8, Of article So. Of the Code
Of General Laws. provides that all writs
and process shall be directed to the Shcr.
iff. unless he is disqualified, or unless
pLere BY aT 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 shall be dir c,ed
for section 4 Of article % Of same Code
says that every constable shall obey and
execute all process directed to him from
any Justice of the Peace concerning any
NATTER &c.
ITO entitle any other persons to serve
process issued by courts. or by Justices
of the Peace. they must be specially en-
powered by law. Does the 'ov.ter law
give any such power? The 18th section
of the act of 1870. relating to .oystcrs,
specially designatcs the persons to serve
process in case Of warrants issued by Jus.
tees Of the Peace, and it will be seen that
the Commander ofthe State Fishery Force
is not one Of them
"Thc section is in these words:
Upon information given upon oath
to any Justice Of the Peace having juris-
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 offenders and the
seizure of the canoe, boat or vessel, TO-
gether with the tackle and furniture on
board. rhich rarrunt shaH be directed 10
the Sheriff or any constable Of the county
wherein said ,ousruat is issart', or 10 ths
O~ner or 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. (Section
IS. of 1900 He is to overhaul and ex.
anime all iiccnscs,' &c ',o 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 seize all
boats or vessels. with their tackle and fur
niture. which may be found on board such
boats or vessels so engaged. used or emf
I''oyed in riolating the provisions Of said
law
THE plain intent of the Legislature was
to keep the vessels of the force constantly
cruising in the prohibited waters to guard
the oyster beds. aud to arrest all persons
eau .ht in the act Of violating the oyster
Law, or who, having been seen BY the of.
ficcrs Of the force. are followed up and
captured.
such is the construction put upon the
law BY this Board. which was commupi-
Gated to Capt. Timmons. aud ifhe refused
to serve urits his conduct did not sustain
n charge Of neglect Of duty. But the
proof shows that be 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 were tried. .
others refused to appear upon the nc.ifca-
ton Of Capt. T,mmens. which, not being
legal. had no etEec, on the parties charged.