Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1882-11-23
Ex-SherifT Spangler's Case.

Spangler. The only question in dispute
was whether the Sheriff was entitld to
receive fifty cents per day for boarding
prisoners. Mr.. Fortney submitted the
report of the auditors and agreement
Of counsel and then rested his case. Mr..
Furst called, on the part of the Sheriff,
the Commissioners clerk and found by
the minutes, that on January II, 1881,
the commissioners made q contract with
the Sheriff to pay him ffty cents a day
for boarding prisoners. 1t was also
shown that the commissioners paid him
the price agreed upon and that the
boarding was furnished on the strength
of that contract.
After statement of legal positions by
counsel, its was concluded that there was
no fact for jury to find, that the whole
case turned upon the point as TO the
authority and power OF the commission
/ ers to make such a contract. In his
able argument, Mr.. Fortney contended
that the commissioners had no power
to make such a contract. In support
Of his position he relied upon the Act
of April llth, 1856, which provides that
/ Sheriff s of the several counties shall
receive such allowance for boarding
prisoners in the comfy Jail as may be
| fixed by the Courts of Quarter Sessions
not exceeding hssaty.fre cents per day.
The counsel contended that under this
Act the Sheriff could not receive more
han tesnty .fee cents per day.
On the part of the Sheriff it was con.
tended that the Courts Of this county
never fixed any allowance, that since the
F organization Of the county the commits.
/ sioners contracted with the Sheriff to
( pay him whatever was deemed right for
/ the boarding OF prisoners in the county
I Jail. II was further argued, With great
+ force, that tchsnerTy the court f1iisi or n
ti@fd to fr the ailotcdace, the commission
ers are bound to provide for the prison
ers. In the absence Of any order of the
court on the subject the Board acts uu.
der the provisions Of the Act Of Assem-
7 bly,, passed in 1870. This Act requires
the commissioners to provide the cloth.
ing and the food for the prisoners.
Suppose" said Mr. Furst, "the Court
does not iiN price for the Sheriff, shall
the prisoners 60 uufed Not at all. The
commissioners must provide for them.
( II they contract with the Sheriff at fifty
cents, the county is bound by such a
contract" lie also added "that the
Sheriff had acted in good faith on this
contract. had given the boarding ou the
basis of fifty cents per day, and uow q
ter the boarding had been furnished for
a rhoic year, the county seeks to pay at
the rate of t,oenfy fee cents per day. The
county ought to keep its contract, as
we'll as an individual"
Judge Watson rendered his opinion
in favor Of the county, remarking that
the justice of the case was all with the
Sheriff. although he had not the power
to relieve him. lie said, too, that the
county gained nothing in such suit.
because. while the Sheriff could only
charge hoenty fee csHts per day, for board.
ing. he was entitled to keeper of the
jail which would he an additional bur.
ben upon the county.
The Judge requested Mr.. Furst TO
move for new trial. to give him better
time to examine his points. Judge
Watson will give an opinion soon. IL
is understood that If the opinion shall
be against the Sheriff writ Of error will
be taken to the Supreme Court.
On the question of right and wrong
there can be no two opinions. The
commissioners, at the beginning Of the
year 1881, contracted with the Sberia
at fifty cents per day for boarding
prisoners. The Sheriff furnished the
boarding in good faith for a whole year
on that basis, now the county auditorr
come in at the end of the year and pay
him only hoentyyfre ecnts per day.
II is q matter Of $500 to Sheriff spang
ler. Who will undertake, 81 present
prices Of food. TO give boarding nj tetaty
.fvs cents per day, or 81 cents per meal
Centre county cannot reasonably ex
pect or demand that from its officers.
THE cost of the assassination Is stil
marching on. Now, IL Is The glsziel
who caught one of Guiteau's bullets il
his putty box, that wants compensa
ton from the Government, lie il will