The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-11-25
prescribe, conditioned for the fuIl and faithful
psrforman OF the duties of his office.
He CAN BE BOUNCED


he CAN BE BOUNCED
Thus It is seen that at lwo-thirds vote
Of all the Freeholders MY any time re-
move Davis from Office, and q majority
vote may at any time remove Davis from
Off ;e and majority vote may appoint
his successor. This authority was dele
gated to the Board OF Freehoders by the
Legislature. ana consequently the Legis-
lature may nc auy time remove the jailer
and abolish the office.
Such an act OF the LEGISLATURE would
Immediately render the existing con-
tract between Davis. aud the Freehold.
ers uull and void. Il was never the la
Ientiou of the Legislature that five
years. contract for the feeding OF prison
ers should be made, for the language of
the statute is explicit. aud regulates the
price per day, fixing thereby tim G
limit of only a day, sucn allowance TO b 6
continued at the will of the Frseholders.
II the Freeholders should decide TO re-
move Davis. aud did so by two~third5
vote 1t is only common sense to say that
when he was removed bis contract was
anuulled. The law concerning the feed :
ing OF prisoners is as foilows:-
Be it enacted by the Senate and General AS
sembly of Nav Jersey, That it shall hereafter
be lawful for the Boards Of Chosen Freehoders
of the several counties of this State to fix the
price per day for victualing the prisoners con-
fned iu the County Jails: provided, that the
amount now fixed by law in any county.
NJ statute could be clearer than this,
and there Is u OF particle of doubt In tha
minds of lawyers to whom have spoken,
that the Board of Freeholders have ex>
ceeded their authority Dy making five
yesrs' contract. The law does not per-
init Freebolder or any other official to
contract on the part of the county for u
longer term thau the time for which the
Freenoldsrs or other officials are elected :.
There has been a number of recent decis-
ions bearing on this subject.
JUDGE MGRATH'S OPINION.
Judge john A. McGrath, the counsel
to the Board of Freeholders who drew
the contract betweeu the Free holders and
Davis, was seen today in his o flee, and
asked him IL ne would tell me under
what law the contract had been drawn,
"You have already quoted the law,''
replied Judge McGrata. He referred to
the TWO sections given in this article.
do you believe that this contract can
not be broken WITHIN fivs years?" I in
duired.
Il am not here" replied the Judgs
with smile. ITO make any interpre-
tations of the law at present. I simply
obeyed the board and followed the ex-
ample of other lawyer in the contract
matter. Judge LiDpincott drew the con-
tract when counsel TO ths board wheu
his contract as precedent. but made
some changes.
Judge, let ME ask you. il the Free
holders should by three fourIhs vote
remove Jailer Davis, or if the flee OF
jailer should be abolished by the Lsgis-
lature and the jail placed in the custody
Of the Sheriff, would the contract still be
in effect ana would the county be COM
PEELED TO pay Davis for five years thirty
cents a day for each prisoner in the Jail ~
Without expressing an o ficial opinion,
for may be called upou for QUE by the
Freeholders, l will only say that under
sucn circumstances / do not believe the
contract would hold"
WAS 1t your intention when you drew
The CONTRACT to make it binding for five
yesrsf"
My Intention" said Judge McGrath.
thoughtfully. was to draw contract
such as the Freeholders wanted drawn"
Then may quote you as saying that
the contract is not binding for five
yeRrsW SAID.
II am not giving my official opinion"
said Judge McGrath. but you may say
that II the reeholders oy uhree-Eourths
vote shonld remove the jailer, or the
Legislature should abolish the office.
that l. doubt very much il the jailer
could claim any compensation alter sucn
actioun