The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-05-18
DAVIS SQUIRMS.
F1eeno1ders and Counsel
Can't Find Many StraWs
For Him TO Cling To.
MAY MAKE HIM COURT HOUSE IANIToR
Sheriff Toffey's Letter to the Free
holders Result Of Today's
Conference.
MAY MAKE HIM COURT HOUSE JANIToR

demanded from Bob Davis possession OF the
County Jail, and that Davis had partly
signifed his intention to give up the $4,000
year sinecure without a struggle, at ten
o'clock tomorrow.
This conclusion was but partly determined
on, however, and last night Davis led his
friends to believe that he would take the
matter into court On Wednesday he con-
suited three lawyers concerning his chances
of retaining his fat contract to feed the
prisoners. but his legal advisers gave him no
encouragement They said the new law, be-
yond the slightest doubt was good one,
and the courts would sustain it. The law
yers said, further that the act abolished the
Office of jailer, and in SO doing terminated
the five years contract that Davis, as jailer,
had made with the Board of Freeholders to
feed the prisoners
1t was then suggested by Davis that if he
could contest the law upon any pretext
whatever, so as to get it into the courts he
might be able TO keep it there for more than
year. The cost of doing this would be- but
little, while the revenues from tho county to
Davis would amount to about $20, 600 His
lawyers did not encourage him in, this con-
temptible scheme, but last night it was be-
ieved that Davis would take that course
Notwithstanding the disapproval of his
counsel who are all honorable men in their
profession.
CONSULTED THE FREEHoLDERS.
Yesterday afternoon after Jailer Davis re-
ceived the formal notice served on him by
Sheriff Toffey, he sought the office Of the
Board of Freeholders and officially notified
the members of the demand that the Sheriff
had made The news was too sad to permit
an open discussion of it and therefore the
Davis retired to the committee room
up stairs and there talked over
tho inquiry made by Davis of "Who will
feed the prisonersah The Jailer said the
Sheriff could not do it without the sanction
of the Freeholders, and he believed that the
Freeholders under the new law had a right
to feed the prisoners and to delegate hun to
represent the board in the capacity of
purveyor of victuals
The Freeholders tried hard to convince
themselves that the logic of Davis was good,
but the effort was too great. 1t could not
be accomplished in one day. In their di-
lemma it suddenly occurred to one OF the
Freeholders to ask the advice of Judge Lip
pincoUt in the premises, for the Judge was
for many years counsel to the board before
he donned the ermine, and he is the best
posted lawyer in the county on the laws
under which the Freehoiders act. The Judge
was politely requested to meet with the
Freeholders and their counsel today and
suggest or advise the Freeholders and Davis
sued
Judge Lippincott in his quiet dignified
manner peremptorily declined this invitation
and gave as his reason that the whole matter
might come before him IN this county and
at Trenton in the Supreme Court for judicial
action, and that therefore it would not be
proper for him to take part in any consulta-
tion of the members concerning the matter.
He added that he saw no reason why Davis
should not feed the prisoners until prevented
from doing so by due process of law. The
Judge did not, however, say when this due
process of law began, and for all the Free
holders learned from him, it might have
begun Immediately upon the act becoming a
law. In conclusion Judge Lippincott ad-
vised the Freeholders to consult the County
Counsel and such other counsel as they de-
sired and to be guided by the opinions given
by such counsel.
CONFERENCE TODAY.
When the Democratic majority and Davis
received this information they concluded to
let the matter rest in stdtu quo until today,
when definite action will be determined on.
1t had been the intention of the Freehold
ers to hold O meeting yesterday, but owing
to the question of feeding the prisoners and
the absence of Director t-Large Bruggeman
and Freeholders Doscher, Kelly and Hanna,
the board simply met and adjourned to meet
at five o'clock this afternoon.
Freebooter Ellis, before the members sep
arated, impressed upon all the members OF
the Committee Oh Court House, Grounds and
Jail, the absolute necessity of meeting coun-
sci at ten O'Clock this morning at the Free
holders office, to obtain opinions by which
their actions in the jail matter will be
governed.
1t may safely be prognosticated that If
Davis can find anything which has the color
of legality to enable him to bring the whole
matter into court, he will do so and make
vigorous fight to keep the case there for as
long a time as possible. His contract to feed
the prisoners was for five years, and under
it he has three more years to serve. lie re-
ceives for each prisoner thirty cents per
diem, an enormous sum in the aggregate
yearly, and has so far realized profit OF
about $4,000 annually. The County Jail
has been kept full to oyerhowing with idle
prisoners, while the Penitentiary is not more
than half full of conyicts, who are COM
PEELED to labor and who thereby bring a
revenue to the county.
Judge McCrath would not express his OPP
inion to THE NEWS reporter, but confined
himself to saying in answer to questions,
that Sheriff Toffey would take possessaeh of
the jail and feed the prisoners ''ifthe act was
clearly good one"
DO you mean by that if it is constitution
alp he was asked
II mean what say, if it is good" was the
answer.
1t was painfully evident that Judge Nc
Grath's sympathies were with Davis in the
matter.
SHERIFF WILLING TO EEED PRISONERS.
During the conference Sheriff Toffey was
asked ii he would make temporary ar
rangement with the Freeholders to feed the
prisoners and he replied that he would.
When asked what compensation he would
require he replied that he would be satisfied
with the same amount that Davis had re-
ceived until the Board of Freeholders could
determine the compensation to be perma-
nently allowed.
The lawyers then hunted up the laws and
found that the Sheriff, under the original
act. was allowed but ten cents a day for
each prisoner, although Davis had been paid
thirty cents a day The lawyers for Davis
claimed that the Freeholders coult not pay
the Sheriff thirty cents a day, the same as
Davis had received, for the law allowing
the Freeholders to fix this compensation had
been repealed. No conclusion was reached,
therefore, as to the amount to be paid the
Sheriff if he took possession tomorrow OF the
jail.
DAVIS IN A QUANDRY.
Jailer Davis after the meeting said that
there probably would not have been any
trouble about the matter if the Sheriff had
not been SO hasuy. If he had waited until
June /. the Freeholders would have had time
to make all necessary arrangements. He
added that at present there was no plan for
cleaning the Court House and taking care of
the grounds, and that the Freeholders would
have TO hire some one to do this work.
'sWill you make any contests' Nj Davis
was asked.