The age-herald., 1898-07-08
JEFFERSON'SS{jHIIERifP {jII
 IS EXAMINED Examiner Puriioy Reports to the GOV-
 ernOr. SHERIFF 0'BRIEN REPLIES And Makes Full Explanation of the
 Charges. HAS COMPLIED WITH THE CODE Thinks the Examiner Has Done Him an Inius- tice, and Finds Difference in Mir. Purifoy, Examiner" and MT.
 Purifoy, Auditor"
HAS COMPLIED WITH THE CODE
Special Dispatch to the Age-Herald.


 Montgomery, July 7.-Examiner Purlfoy has filed with the governor the following report on the office of Sheriff Frank P. O'Brien, of Jefferson:
 "I herewith submit the result of my ex- animation of the accounts and books of Sheriff O'Brien of Jefferson county. The period covered by this examination ex- tends from the first of September, 1S96 to the last day of February, 1S9S During the period named he collected from the state treasury S21 ,390 for feeding prisoners in jail an average of $1, ,295 per month. Err TOTS against the state are noted in his feed bills, aggregating &7,20, which sum is diminished by errors against the sheriff amounting to $3.6O. The errors against the state are set forth in detail in exhibits A and B here to attached, and those against the sheriff are shown in exhibit c, also att tached.
 Exhibit shows several instances where convicted persons were sentenced to serve periods in the penitentiary or at hard labor for the county, the fees for feeding whom, until delivered to contractors, were collect- ed by the sheriff from the state treasury, when by law they should have been collect- ed from the contractors. Acts lSS5-l, D. 96 incorporated in section 4565, code or 1S96)
 ''Elxhibit shows one case where the prisoner was removed to Hale county and afterward continued on the sheriff S feed account for eight days, and several cases. where prisoners were held pending peace proceedings and for contempt Of court, the fees for feeding whom the sherifr collected from the state treasury when they nave not shown to have been insolvent, as re- quired by section 49o9, cooe ol 1o9o' Nf2''' code of 1S95)
 The sheriff has not complied with Sec tion 4949 Code of 1896, 453S, Code of lsso') He insists that his compliance with sec tion 1866 of the present code IS sups.ah- tial compliance with the first section named The duties prescribed are each not identical. Nor has he in any case per- formed the duties prescribed in section b239 Code of 1896. (429O Code of 1S9o). Ihe duties prescribed in this section apply eoilally to the justices of the peace in the state. but of the thirty or more summoned before me, not one seemed to know Of the existence of the section. This provision or law seems to be wholly ignored or over looked by all those whose duty It IS 10 see that it is enforced, notwithstanding the fact that for every failure to perform the duties prescribed by it, the official so fall- ing is subject to "a fine of not less than fifty and not more than five hundred dol- lars" (See Section 5119, Code Of 1S96, 397S. Code of 1S96) The proper enforce ment of this provision of law, will doubt less result in the saving of much money to the treasury, and permitting persons charged with light offenses to avoid inn prisonment in the jails.
 "Of the thirty or more justices of the peace, I found their dockets and papers of but little us to my examinations be- cause their transactions were not dated There were three or four whose dockets were an exception to the condition named, being well kept.
 "Sheriff O'Brien presented an account for one hundred and fifty-nine days for feed ing as many prisoners, amounting to $lII0, accompanied with the request that I credit him with that sum- Upon checking it with his accounts heretofore paid by the state, found that he had already collected thirty cents. the sum provided by law, for each day claimed.
 | have the written affidavits of Wm. B. Moore Ben Williams, w. H. Ireland, Joe Frank H. M Harten, J. A. Gadd's and M. F Cahalan, all of whom are shown by the sheriff. feed bills to have been incarcerated in jail. he having collected for their feed out of the state treasury. The sheriff ad- Inits that the fees in the cases of Gaddis and Cahalan are errors as they were not in jail nor in custody, but insists that as the others were in custody in the offices of the jail and sheriff's office in the court house. that he is entitled to fees in their cases. All these persons are very em- phatc that no food was supplid to them by the sheriff. The fact that section 1852 of the code (454D permits the prisoner to furnish his own food while in 1aii, would tend to show that if no food Is furnished a prisoner while in jail no charge for feed ang him while in jail can be legallyl col lected out of the state treasury. Upon the whole, considering the amount involved and the sums in which 1t has been collected by Sheriff OBrien, his accounts make a good showing"