New Orleans Republican., 1873-05-01
THE OFFICE OF SHERIFF.

Mr.. Nash was the lawful sheriff Of Grant
parish, that he exercised as such an OIL
cial authority in summoDing posse CONF
totts in part composed Of citizens lro"
parishes other than Grant lhe least
consideration will show that both 'heSe
positions are fallacies
The Office of sheriff as exercised IN the
United States is adopted from EnSiaho'
There the mode Of appointment was Tor
merly by popular election, and at present
by nomination Of the Crown or judiciary
but the law Of England prescrbes that
sthe sheriff, after nomination to his othce
and before delivery 20 him Of his patent
must enter into o recognition ID the ex-
cheouer under a penalty Of one hundnsd
pounds sterling, etc
After such recognizance given, ne sn1st
produce out of the chancery the patent tor
Office, the pateng Of assistance and the
writ for the discharge Of the old sheriff,
and before the sheriff can act he must take
an oath that be will truly serve the king
in the Office Of sheriff, and now the sheriff
is an officer Of the court. He is entrusted
with the power to execute the process OF
the court, and is er oficio empowered to
keep the peace within its jurisdiction. He
mast then be installed as an officer OF the
court, duly commissioned and qualified
The law CT Louisiana faithfully follows
this principle. l. enacts that IN all other
parishes except that Of Orleans the
sheriff shall in like manner give bond III
the sum of $4,000, with certain conditions
recited in the act. These are: To exc
cute and make true return OF
all processes that may come into his
hands, to pay over ell sums of money ne
shall receive by virtue of his office and to
perform all duties required Of him by law.
There is another condition precedent to
the exercise Of official functions by the
sheriff in Louisiana. He must comply
with another legal injunction: 'Betore
any person elected or appointed to any
office, State, parish or municipal, in this
State shall he commissioned By the Gov
ernor with view to testing the eligibility
of anv such person to hold the office to
which he has been elected or appointed(,
such person so elected or appointed shall
take and subscribe the oath or affirmation
prescribed in section 1854 Of this act.
The law, therefore. requires an oath be-
fore the sheriff shall be ''sworn into
Office. and he must also have executed
sufficient bond in the penalty stated. Now,
has Mr. Nash complied with these condi-
tions? Il is incumbent on him to show
that he has done so, otherwise he is an in
truder into Office, and worse for him than
that, the same statute says:
Should any sheriff or collector of taxes,
after receiving his commission from the
Governor, proceed to exercise any OF the
duties, or avail himself of any OF the rights
appertaining to his office before giving ali
the bend and security required by law Tor
the collection of taxes, or discharge OF du-
ties as sheriff, he shall be deemed guilty OF
misdemeanor, and. upon conviction there
of, shall be fined in sum OF not less tEan
$1,000. and imprisoned not less than SIX
months, at the discretion OF the court.
1t is now incumbent on Mr.. Nash to
show that he has complied with these con-
ditions. Otherwise, if he had even re-
ceivel a commission from Governor kel-
logg, he is wrongdoer and intruder, sub
iect to prosecution for having committed a
misdemeanor, and is liable to fine ard i'm
prisonment.
Were he regularly qualified as sheriff
the same law gives him the power to pre-
serve the peace in cases OF riot, to execute
the process of court in cases of resistance
made or threatened, and for these purposes
to call for his aid and command Tie serc|oes
Of erery aJle-Joded ihabihnt Of his parish
Did Mr.. Nash possess this legal official
authority as sheriff, and if so, has he OBJ
served the restriction to call out only the
inhabitants Of his parish.'
This is an examination OF the legal au-
thority of sheriff. 1t may not be ac-
ceptable to the partisan, but in the inves-
tigation Of the Grant parish conflict the
decision of swho was to blame" will
turn upon the compliance of the claimant,
Nash, to be sheriff of Grant parish, with
the conditions Of the laws under which
he assumed to act