Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1873-08-01

of the law recognized by the Constitution
as competent to serve process. And sec
ton s, of article SO, of the Code of General
Laws, provides that all writs and process
shall be directed to the Sheriff, unless he
is disqualified, or unless aohere by lao 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 directed, for section a.
of article % of same Code says, that every
constable shall obey and execute all pro-
cess directed to him from any Justice of
the Peace concerning any matter &c.
"To entitle any other persons to serve
process issued by courts, or by Justices of
the Peace, they must be specially empow-
cred by law. Does the oyster law give
any such power? The 18th section of the
act of 1870, relating to oysters specially
designates the persons to serve process in
cases Of warrants issued by Justices of the
Peace, and it will be seen that the Com
mander of the State Fishery Force is not
one of them.
"The section is in these Words,
"'Upon information given upon oath to
any Justice Of the Peace having jurisdic-
ton, of any violation of any of the provi-
sions of this article, the Justice Of the
Peace shall issue his warrant for the arrest
of the offender or Offenders and the seizure
of the canoe, boat or vessel, together with
the tackle and furniture on board, Dhich
soGrramt shall be dsrectsd to the Sheriff or
Gray constable Of the county wherein said ec0r
rant as issued, or to the Oa17ler or master Of
any canoe, boat or gesse2 licensed u71der 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 vessels constantly on duty
wherever opposition to the oyster law has
arisen or is likely to arise sc. (Section
35, of 1900 He is to overhaul and eX-
anime all licenses, &c. > to arrest all per-
sons found violating, or who may have
been guilty of violating any of the provi-
sions Of the oyster law and to seize all
boats or vessels, with their tackle and fur
niture, which may be found on board sach
boats or vessels so engaged, used or employed
in gi0lGti1tg the provisions of said law
"The plan intent of the Legislature was
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, seen by the officers of
the force, are folloWd mp and captured.
'Such is the construction put upon the
law by this Board, which was communi-
Gated to Capt Timmons, and if he refused
to serve Writs his conduct did not sustain
a charge of neglect of duty. But the proof
shows that he did notify most of the par
ties 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 and were tried,
others refused to appear upon the notif-
cation of Capt. Timmons, which, not be-
ing legal, had no effect on the parties
charged.
"The charge of using his personal in
fuence to shield offenders and of using
the vessels in his command in aiding of
tenders to escape was not sustained by
one particle of evidence; nor was there any
evidence whatever to show any conduct of
Captain Timmons which put hinderances
or impediments' in the way of the officers
of the law in Talbot county, in securing
due observance of the law, by giving advice
and counsel to the infractors of the law,
and showing them sympathy. The only
evidence upon which this allegation was
based, seems to have been drawn from
remark made by Capt. Timmons to one
who had been find, as the latter supposed,
excessively, and without proper proof
that he had right to appeal, if he was
aggIriie.ved'
what the law itself guarantees to the par
ty, and what any judge of a nisi prius court
would not hesitate to state to sutton.
''The testimony, from first to last, sim
ply tended to establish what everybody
knows, that dredging upon prohibited
grounds continues, in spite of the officers
of the steamer and the two sloops; that
they are not sufficient in number to guard
all points; that the steamer is seen at
great distance, and by watch boats and
signals many dredgers avoid detection;
but there was no testimony whatever, in
the opinion of the Board, to inculpate
Capt. Timmons in the slightest degree in
charge of neglect of duty and the
Board, without moments hesitation, I'M
animously acquitted him Of the charge"
| From the Marlboro Gazette.
SALEM.
On Tuesday evening of last week we
were suddenly made aware that there was
such place in Southern Maryland and
that those who seek the ancient village of
Port Tobacco by rail must get off at Salem.
The artistic flourish with which the Con-
ductor made the announcement left no
room for doubt in our mind in regard to
this suburb of the metropolis Of Charles
County. A thought occurs to us here,
which, for the benefit of the unsuspecting,
we will set down: Salem, like many other
places, must be seen to be appreciated
the eyesight however must be good or one
loses half the benefit.
The occasion of our trip to Port Tobacco
was partly to meet old and valued friends
many whose friendship was fostered I'M
der far less pleasing circumstances than
accompanied our recentmeeting when
we first met twas during the stormy days
of the last war, to which our sister county
sent so many of her brave sons. The first
face whose kindly smile greeted us was
that ofour old Captain, Dement,. We found
him the same whole souled, generous fel-
low, and were happy to see that he wears
his years as gracefully .asahe did gallantly
and deservedly his militeryRaurels. Sur
rounded by those we lovecsas brothers in
the ''lost cause" we lived over again in a
few hours our soldier days. We missed
some faces that we shall never see again
the forms of those are sleeping where they
died-they made ''their country's flag their
shroud"-a hearts rec uieseat we drop DER
their silent and narrow homes