Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1891-01-31
The Facts About the JAN.

EDTToRs OF THE STATHsMAN.--The
following is the law applicable to
the duty of the County Court to
furnish a Jail, viz: See code of w.
Va, chap. 80, sec. Ia" The County
Court of every county at the ex-
pense of the county shall provide at
the county seat thereof, suitable
courthouse and Jail with convent
offices for the clerks of the Circuit
and County Courts, and shall keep
the same in constant and adequate
repaier and supplied with the neces
sary furniture, books, stationary,
fuel and such other things as shall
be necessary. The jail shall be aceu
secured and sufficient for the con-
venient accommodation of those who
may be confined therein, 80 that the
CONNECTS may be in apartments separ-
ate from each other and separate
from the other prisoners. Every
apartment shall be SO constructed
that it can be kept comfortable"
SEC. Al. 1.-The Circuit Court of
every county shall annually or often
er if deemed necessary, appoint
three persons, one of whom shall be
physician, to inspect the jail of
said county. The judge shall admin
lister to them the following oath, viz:
You shall truly report to the Court
as to the jail in this county, the size
thereof, the number Of its apartments
and its state and condition, whether
dss secure, sufficient for those who
may be confined therein, and wheth-
er it is keptin constant and adequate
repair, etc."
SEC. 40 off it appear to the
Court by such report or other cyl
dence that the jailor has in any re-
spect failed to perform his duties,
the said Court may in summary
way after summoning him to show
cause against. fine him not exceeding
thirty dollars. And if it appear
that the County Court of the coun-
ty has in any respect failed to per.
form it's duty in relation to said jail
the Court may direct the prosecuting
attorney to proceed against it for
such default by writ of mandamus
in the name of the State to compel
the performance of such duty
This is the law and now what are
the facts and what has been done.
Last summer it was brought to the
knowledge of the Circuit Court that
there had been number of desper-
ate men charged with burglary con-
fined in Jail, and it is equally we'll
known to the judge and the COM
munity that the Jail would not hold
them, and that only a portion OF
them we're secured and punished by
the appointment of guards night
and day who had to be paid by the
State. This furnished conclusive
proof that the Jail was insecure, and
thus it became the solemn duty of
the court to compel the County
Court to furnish safe and secure
Jail. The court could only look to
the law for remedy, and accord
ingly the court appointed Messrs.
Frank Evans, Fl. Cushws and Nc
Sherry and swore them as required
by the law, to examine the Jail and
report their opinion.
Those gentleman under their oaths
CONDEMNED the Jail as insecure and
unfit for a Jail and therefore the
court took the mildest course, and
issued a rule against the County
Court to appear at the next January
(present tcrm), and show why they
should not be MADE to furnish safe
jail. AS yet the County Court has
not answered that rule. Now it is
plainly the duty of the County
Court to answer that rule legally
served. At the present term the
Circuit Court requested the grand
jury to look into the condition of
the Jail. They did SO and they too
CONDEMNED it, a portion of them say
ing it would be possible to repair it
and thus make it safe. All agree
that it is unsafe as a Jail in its pres
ent condition. The only question
then for the Comfy Court to con.
slider is, will they build new Jail or
repair the old one? This question
can only be properly decided after
advertising and ascertaining what
the old Jail property can be sold for,
and then ascertainin 6 what a new
Jail can be built for, and finally as
certaining what it will cost to repair
the present Jail so as to make it safe
and comfortable.
Having this information and hav-
ing spread this information before
the tax payers, We can safely trust
to their intelligence to decide it cor
rectly. In the meantime what is the
Circuit Court to do? Is it to do
nothing and hear it understood that
Berkeley county has Jail that will
hold no prisoner who chooses to walk
our is it to compel the County
Court to answer its rule and show
cause why they do not either repair
the old Jail SO as to comply with the
law or build a new one? Up to the
present they have done nothing.
They have neither answered the rule
nor have they repaired the present
Jail so as to make it secure and COM
Portable, nor have they built new
one. So the world knows that the
Berkeley county Jail will only hold
such cramps as want board at the
expense of the county.
PROGRAMME OF COUNTY INSTITUTE.
TIME-FEBRUARY 9Th AND 7TH, 1891.