Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-09-11

done wroDg-a gricvoIs wrong to
the pu',';c-and have subjected them |
selves TO q rirainal prosecution. and |
have rendered doubtfui the teuure by !
" Inch the Sheriff and C!c: k will ho,d
their Offices, should they qualify.
Bow long this hurtfui aud Illegal delay
IS tc continue, we DO not know, but
we rrfer the matter 70 Judge Mckoy
and Solicitor Nortn.cnt.
The other subject to which we de-
sire to refer IS whether the Sheriff can
give one OF the three bonds required
OF him, without also giving the others.
This, we think, is directly contrary to
law, which we propose t. show. The
law says that ''thc Sheriff SHALL exc
cute Hrcc several bonds" No oCe
but the Sheriff can execute these
bonds \ tax collector has been pro-
yided for IL one case only, and that is
VIXEN the Sheriff has failed to settle
I'D with tho State and County Treas
urer. The collection Of revenue is as
much part and parcel Of tie duties
and perqu;sites Of the office OF
Sheriff as serving legal process, and
cannot he disanncxed by any body CT
Court, except Tor crime or neglect OF
duty.
LII the case Of King VS.. the Board OF
Commissioners Of Lincoln county,
where King had been elected Sheriff
and having flied his bond, the Com
missionars refused to place in his
hands the tax lists, bnt appointed a
tax collector, under g special act Of
the Legislature, the Court held that
the Legislature Lad 10 such power.
Justice Resde. III delivering the opin-
ion Of the Court said: cit would
seem, therefore, that the division of
the duties and cmolument5 Of the
Sheriff Of Lincoln, is liable not only to
tho objection that it impairs the obi
cations of the contract with the Sheriff
and deprives him Of his property and
gives it to another, but to the more
serious objection that it breaks faith
with the people, by taking from them
tie right to choose the officer who may
go into every man lCu.e and distrain
his property, or otherwise collect the
taxes. Probably there is 10 right of
which the people are more jealous, end
:, I-,f- ~ VIII
hold the Legislature and the Courts to
more rigid accountability. Ii the
people may be deprived of the elcc-
ton of this Clicer, and if his duties
and emolUrnents may be transferred 10
an appointoe OF an irresponsible
body, Of what ether similar right
may they not be deprived ? With
as much proprietE every other Office
in the State may be cut up, aud those
who have been pat into the Office by
the people may b. starved out, and
irresponsible persons put in. The
people have secured to themselves the
/ election Of Governor because they
"'iii\i IttNN LII LIoi StttiI II-tCl t7I"' Oi
the State committed 10 al agvn. OF
their choice, with as mich propIi2ty
the duties with which he has been en-
trusted N: Glt be transferred to others,
irresponsible to the people; and 20
with every other officer IN the State.
We hardly deem it necessary to dis
cuss tLjs question further, nor do we
know that it is proposed to divide up
the office
The am,unt OF the Sheriff bonds
seem an unsettled question. and 3 g
hardly suppose the Commissioners will
require as large bond rs the law evi-
IDENTIFY demands, as they certainly have
not III the case Of tie County Treasu-
rer. We take II for granted that these
matters VIII ali clam the attention CT
the Judge in lis charge to tine Grand
,3a!v The law hcretuforc las been
violated as it is being violated now
The people are loud in their iut COM
plants, and will demand that the law
shall be oboyei, as the only snfe guard
to the good citizen and tax payer