The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-05-18

] can't say yet what will be done; no one
seems to know what to don
.Will the Sheriff take possession OF the
Jail tomorrow
Yes, suppose sow
Then il you make a legal contest it will
be over your right to feed the prisoners un-
der your contract with the Board of Free
holdersp'
nYes"
The committee which met today had no
power to act in the premises and the Board
of Freeholders can only determine what
shall be done to feed the prisoners tempo
rarily and until a definite understanding of
the law is reached The board will meet at
five O'Clock and may then take some action.
Sheriff Toffey and Sheriff Lehlbach of
Essex county today had consultation at
the office of Sheriff Toffey over political
matters. Sheriff Lenlbach today takes
possession of the County Jail Of Essex
county, showing thereby that Sheriff Toffey
had not been in greater haste than his neigh
bors to carry out the law.
THE CONFERENCE TODAY.
This morning the Committee on Court
House. Grounds and Jail, held the meeting
called yesterday by Freebooter Ellis, for the
purpose of receiving legal advice and con-
trinity with Sheriff Toffey and Jailer Davis
concerning the,custody Of the Jail and the
feeding of the inmates.
There were present at this meeting Free
holders Ellis, Heller, McNally and Gallagher.
Jailer Davis and his lawyers, Judge Thomas
#. Noonan, and John Griffin, Sheriff Toffey
and his lawyer, James s. Erwin. County
Collector Dugan was also present for a short
time Judge McGrath an Norman L. Rowe
represented the county at the conference,
which was long and exceedingly lively, be-
cause of the numerous array Of counsel
Before the conference was held Sheriff
Toffey served a notice on Clerk Boyd as fol-
lows.-
To the Board of Chosen FfeeHolders of the
County of Hudso,s:-
by an act passed May e. 1884 authorized in counties
OF the first class the Sheriff Of every such county
M Or s9s Wn and Of
within such Jail jails, and thereby the responsi
Of HUDSON to Sarge Of the County jail M and
the prisoners therein. I now make a formal demand
and of the custody OF the prisoners therein in pun
suance Of the terms of said act. have served de-
's Of said Jail S,s
desire to have the formal transfer of the said
jail and OF the prisoners therein to me, 70 take
place on Saturday morning. May IS. at ten O'Clock;
WI yo9 please make such arrangemends Is. as VIII w
above mentioned time
john j. ToFFEY, Sheriff.
THE LAW.
This notice was in complain ce with the
act under which the Sheriff claims the right
to have custody of the jan and feed the
prisoners, which is as follows
And be it enacted That the sheriff of every county
of this State shall have the custody rule keeping
and charge the Jail or ias within such county,
and of oil prisoners in such Jail or as and shall be
responsible for the conduct of any keeper whom he
shall appoint the same.
Provided however, that this section shall not ap-
the Board Chosen Freeholders of any such county
may have appointed or may hereafter appoint a
And provided, further, the Sheriff of any county
may by written notice, direct the Board Of Chosen
Freeholders, in said county, to take and have the
custody rule keeping and charge of the Jail or
Jails within said county, and upon such
aosco tSs board oarns Of aeeh ogosen Of
his county said Board Of Chosen Freeholders shall Ina
be necessary and said Board OF Chosen Freeholders
and warden n or @ s6a5 an5 Ii IN ssr
and mantenance be subject to al laws and regula
And be it enacted that this act shall take effect
By this act it is seen that the Sheriff need
not take possession of the Jail unless he SO
desires, and Sheriff Toffey is willing to take
the responsibility.
THE ACT DISCUSSED.
During the conference the act and the
notice of the Sheriff were carefully read by
the lawyers and Counsellors Griffin and
Noonan on behalf of Jailer Davis said they
were by no means satisfied that the act was
constitutional although it was simply a
repeater of the present law, with some
amendments to the original act which was
in force before jailer or warden Of the
County Jail was created in this county
MessrS. Noonan and Griffin contended that
the constitutionality of the act was ques-
tionable because it separated counties OF the
second and third classes. That In these
counties the Jail Of one might be controlled
by the Sheriff and in another by Board
of Chosen Freeholders. Another objection
raised was that it gave the Sheriff the right
to leave the custody of the County Jail with
the Freeholders at any time he so desired.
JUDGE NooNAN's OPINION.
Judge Noonan in an interview after the
conference with the committee said to me-
1T is my expectation that Jailer Davis
will refuse to give the custody of the Jail to
Sheriff Toffey tomorrow. It Is duty he
owes to himself and to his bondsnen tc re-
fuse to let the Sheriff have charge Of
this institution until the courts de-
termine who is properly the Gus
todian II the act is not constl-
tutional as it appears to me not to be, then,
of course, there is no act at all, tn relieve the
Jailer from his duty to keep prisoners, and II
without such act he should abandon or sur
render that duty he certainly would be liable
for escape. 1t is his duty to keep the prison.
ers as against anybody except the order of
a court of competent jurisdiction. Ii the
Sheriff wants the jail he should get the or
der of such court, in which case Mr.. Davis
will cheerfully hand over the jail to him.
FORCE, IF NECESSARY.
next saw Sheriff Toffey, and after told
him what Judge Noonan had said asked
him if he would attempt to take possession
of the Jail by force if Jailer Davis refused
to give him peaceable possession.
II don't know yet what l shall do"
replied Sheriff Toffey. II am going
to consult my lawyer this afternoon
and act under his advice. Ii he says
l have right to be In the Jail and in charge
of it. will got there you may depend on
that. If took possession by force | sup
pose it would create much trouble in getting
at the prisoners.
"You can knock Off the locks of the cells
and replace them with Others" suggested.
''Yes, can do that. but until | see my
lawyer and receive his advice, don't know
what will be done.
WAS THE HERMIT MURDERED.
1o0a