New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-01-19
A LAW TO BE REPEALED.
REPUBLICANS TRYING TO BREAK Up A
VICIOUS PRACTICE IN NEW-JERSEY.
RACETRAcK GAMBLERS HAVE OFTEN BEEN
SAVED ny TIE PROSECUTORS HAVING THE
POWER TO SERVE wRITs AND SUB
poENAs- SHERIFF EGGS MOVE

POWER TO SERVE wRITS AND SUB
POENAs- SHERIFF EGGS MOVE.
Trenton. y. J.. Jan IS oSpeclaD.-One Of the
laws the Republicans intend placing on the
statute books Of this State this session OF the T.egis
lature-that IS II the deadlock is ever broken--is
repeal the law giving public prosecutors
the power to appoint detectives at 81 a day. This
law passed four years ago. and was Intended
To take out OF the hands Of the local authorities
all power In criminal matters. II was part OF the
system by which the Democratic machine at the
State House could control the entire judiciary OF
the State. and subordinate attaches OF the county
courts for the double purpose Of better protecting
The racetrack element in the Democratic party and
OF deprivIng the Republican sherins Of their fees.
Sheriff John J. Toney. of Hudson County; Sheriff
George Barrett. OF Camden County, AMI Sheriff
Ege OF Mercer County all Republicans, are anxious
for the repeal Of the law. and the first move In
the matter was made by Sheriff Eye before Justice
Albeit. this week Whether Sheriff Eyes move
was on account Of an agreement reached among
The Republican sheriffs OF the state. or wnom
the Mercer sheriff. through hs counsel. ex-Iudge
tanning. asked Justice Albeit, on "Wednesday TO
direct IN" County Clerk hand all wits and sub
oenas to the sheriff instead Of the prosecutor. The
.s'oh mas n's" III az lr lT d a.,
clpfs 10 hand In subpo"nas 10, th'iI det"c'iN's'
who. having themselves been elected constables.
also 'harre me county - Genus io' ych b r
thty serve. besides the 81 DAY "hl.h they re-
ceiye under the law creating their Office.
Governor Albeit approved TINS law, ana Wntn
the Sherrs request Was stated. he said that wits
Of subpoena are judicial writs They are absolutely
under the control II the court for any purpose
The clerk OF the county has nothing TO DO with the
issuing of the writ. the writ being judicial. Inc
clerk II only the instrument for Issuing the writ
There ~ law that / can find which states VINO
shall serve the mandate OF The court. In the alb
senee ~ statutes the writ may be served hy any
person In ordinary civil cases the writ IS not
operative unless It is accompanied by a fee; IN
criminal The witness Is bound 10 appear
without the fee II the court directs. Wherever
a wit touches the person the writ can only law
fully be- executed by the Sheriff or some officer In
authority 20 take the body. The ordinary subpoena
Is simply directed 20 the witness. I have searched
iltici fees for serving wrts. even u h. is the
proper person 10 serve them. The clerk Is
20 deliver the prosecutor the nr1ts. II the sheriff
has the right TO the writs he can make his
demand OF the prosecutor. and II refused. he can
apply 10 the Supreme Court on mandnmus pro-
Gee ,in,,s.''
justice Albeit further said that he would not de-
eide the and Sheriff Ege will sue out o man
iamus The result ~ this case VIII apply 10 every
county In the State The fees for serving suhp 1enas
In Hudson County amount to several thousands Of
dollars 4 year. Ia Camden County they amount 70
about i1.jlr a year and IN Mercer about S2Wn year
~ rhc prosecutors practically appointed pN me
Governor AMI. Of course. have long been minor
Democratic workers in the various counties Inc
placing into he hands II these prosecutors detec-
lives the power % collect evidence has been ra-
garlel by Democratic racetrack politicians In Hnd-
son Camden. Union and Monmouth counties as the
acme = tOliilcal shrcWlnes4 These men hav" done
the bhling Of their chiefs eyer sine" their APP
pointrnent and have been largely instrumental in
falling - produce proper evidence before grand
juri~s upon which bills ~ Indictment could Dee
found against the rtcttrdck gamblers ana backegs.