The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-11-23
DAVIS LAUGH CHANGED
The Little Jailer Now Feels
Pretty Blue" Over His
Prospects.
HE CAN BE BOUNCED
Statute Provisions On the Subiecl
Very Plain-Doubts As 10 the
Validity OF Ills Contract.

Ever since the election gavs the Lsgls-
lature to the Republicans upon thsir
promises Of reform aud the aboiIshing OF
sfnscures aud reduction of exor5itanJ
salaries, Bob" Davis aud his cohorts
have boasted that the Legislature can moi
Interfere with the soft snap held by
Davis under a Eve years. contract to feed
the prisoners In the County Jail for
thirty cents a day for each prisoner. They
hpve claimed That the coatract is for five
years. and it cannot be broken.
The Republican party managers Intend
that 1t shall be broken, and that the GUS
tody OF The Jail shall be returned to the
Sheriff. where it rightfully belongs. Ons
OF the ablest lawyers in the Republican
party has been directed to prepare
a bill to be presented to the
legislature which will accomplish
this result. Every taxpayer in the ountv
- IN favor of such action. and If IL was
ieft 70 q popular vote, the pr esent system
would oe abolished by q cycloaic major
Ivy. II has been the duty OF The JERSEY
CITY NEWS to expose the swindle on the
taxpayers which exists under the contract
~oN A9 AN6NO da9 buOWu tuhD
while the total cost for maintaining khs
Essex County Jall 10 bat $l8, 900 a year,
tae cost alone here to keep the prisoners
supplisd with food is abou $2l, 900. The
other expenses of theJail ars about 500. 600
\ year more and these expenses are paid
lor oy the county. not Que cant of ths
outlay coming from the sci, 900 a year
paid to Davis. Hudson County pays 30
cents q day for feeling each inmate of
the jail and Essex County pays but S%
cents Tor tns SANE services. There Ia no
contract system In Essex County, aud the
Board OF Freeholders supply everything
aud pay u warden 81. 200 a year to sac that
the jail Is properly kent. The number of
prisoners in the Essex County Jail aver
ages about the same as those In the Jail
Of this couHtY.
DAVIS CLAIM NONSENSE.
AS TO the Claim by Davis that his cou-
tract cannot be broken. that IL all nom
sense. Ons Of the very best lawyers In
this city said yesterday that the contract
was nrst not an ~irreparable, secoud. that
II was an illegal one. In support of his
claim that the contract for five years with
Davis to fesd the prisoners, is an illegal
contract the lawyer turned to his books
and quoted law.
W will frat see how the taller In
elected. " said he, ind then he read sec-
lion 4, page ~. OF the laws of 1857 as fol-
And be 1t enacted, that IN each of said
countiss the Board of FrsshoIders shall sp-
point some proper person to be jailer or keeper
OF tne jail OF said county who shall hold his
once Tor the term OF five years, and until an
other be appointed in his stead; but such
lailsr may at any tina bs removed from Office
by q vote OF two-thirds OF ali the Chosen Free
holders for the time being, and no taller shall
be elected except by . vote of q majority of
all the members Of the board; said jailsr, before
he enters upon the duties of his office, shall
DIVA a hnnh n aa{d n.nrI - NJ. NJ
holders in such sum and with such sureties as
said board snail prescrios, conditioned for the
full and faithful performances OF tbs duties of
his Office"
This law. you perceive. d~esignates
now the jailer shall De APPOINTED sud
may be removed. Section l, page $50.
LA WIS OF 1875, provides now the prisoners
hall be fed as folio VS.
BE it enacted by the Senate and General As
sembly OF New Jersey. That it shall hereafter
in the several counties Of this State to fix the
price per day for victualiug the prisoners con-
fined in the County Jails; provided. that the
price so fixed shall not in any case exceed the
amount now fixed by law in any county,
WHAT THESE ENACTMENTs MEAN.
'Tnis act simply provides tnaf the Free.
holders shall fix the price per dav. There
is no provision for q ave years contract
such Ms exists with Davis. In fact. the
act means directly the opposite. II the
~reeholders could legally enter into q
five years. contract with a j4ilet to feed
The prisoners. what becomes Of the sec
ton in the act creating jailers, which
'rovtdes that the jailsr may be removed
from office at any time by a two-ihirds
cote of the F~reenoiderR. And again, IL
after making a i've years' contract, the
F~reehoiders, Dy a two-thirds vote, dis
tniSs the jailsr, what becomes OF the con-
tract? L. the dismissed jaflsr to continue
10 receive thirty cents q day for feeding
each prisoner in the Jail after the jailsr
has been dismissed? Why such a sug-
geetion is rank nonsense. In my opinion
the law intended that y five year's
contract should be made. unleaa a stipu-
lation was placed in It which provided
that the con,ract mould become void
when the jailer should cease to be jaller.
F-REEHoLDERs LIABLE.
"Iu my opinion the action OF the Board
of Freeholasrs in awarding a five years.
contract to Jailer Davis is clearly illegal,
aud | believe that every Freeholder who
voted for 1t has made himself liable to
indicT ment. There is a general principle
Of law which provides that no public
m-ials shall enter into contracts which
shall last longer han the term of office
Of the officials, and under q proper cor
struction OF this ltw l believe the con-
tract would be annulled by the Court, and
that criminal proceedings could be
brought against the F~reeholders aud
.Iailer Davis for conspiracy or malfeas-
ance."
A