The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-11-16
FIGHT FOR A JAIL.
Essex Sheriff and Freehold
ers Contending for Charge
of the County Prison.
UNDER THE ACT OF 1900
Some Question May Arise In
Hudson Under the
New Law.

There is now in progress in Essex an
interesting controversy between the Sheriff
and the Board of Freeholders over the
county jail which might be repeated in
this county.
Notice has been served upon Sheriff
George Virtue that the Board of Freehold
ers will assume charge of the county jail
on December 4 next, but it is said to be
question whether the Sheriff will relin-
quish what he considers to be part of his
rights without making a fight. Neither
side has outlined its plan of action yet,
but present indications are that unless
some kind of an agreement shall be reach
ed the controversy will be carried to the
courts.
In the event of the parties going to law
it is possible that the constitutionality OF
the act of 1900 will be assailed. 1t is
under this statute that the incoming
board will administer the affairs of the
county and it was this law also which
authorized the election of a county super
visor. Another point which may be in
jeeted into the controversy is whether the
Sheriff has not the right to assume con-
troll of the penitentiary as well as of the
county Jail.
When Mr.. Virtue was sworn into office
the law provided that 1.-THE Sheriff of
each county in this State shall have the
custody, rule, keeping and charge OF the
Jail or jails within such county, and OF
all prisoners in such jail or jails; and
shall be responsible for the conduct of
any keeper whom he shall appoint for
the same
There was further provision that
sheriffs might transfer the care and con-
troll of the jail to the Boards of Free
holders of the respective counties. In Es-
sex county control of the Jail had been
exercised by the freeholders for years un-
til the question was raised during former
Sheriff Lehlbachs term. Mr.. Lehlbach
assumed control for a short period and
retransferred the authority to the free
holders. Former Sheriff Doremus let the
custody of the Jail and its prisoners re-
main with the county board, but Sheriff
Virtue exercised his authority under the
law and assumed control of the county
prison himself.
On taking hold of the management OF
the jail the sheriff removed Warden Chas.
Underhll and installed Ferdinand j. Hosp
| in his place. Mrs. Hosp was made ma
tron and other changes in the force OF
| employees were subsequently made. There
was some talk at the time of contesting
the sheriffs action, but nothing came of it
and Mr., Virtues authority has not since
been questioned. The sheriff feeds the
prisoners in the Jail and is given by the
| county a certain per diem allowance for
| that purpose. If the county's allowance is
not all consumed, the profits go to the
sheriff and are considered by him as part
of his emoluments while holding the
| office. a
During the session of the last Legisla-
! ture there was passed what is known as
San act to reorganize the government of
| counties of the first class in this State"
| Among other things, besides the creation
of the office of county supervisor the
act empowers the Board of Freeholders to
appoint certain officers. Included in the
| list specified are warden of the peniten-
| tiary'' and a warden of the county jail.
- together with such other officers
| and agents as may be determined by reso-
luton of said board"
| Presumably acting upon this authority,
| the Republican members of the board in
caucus last Monday night, formally NOM
/ mated Mr.. Hosp for term as warden of
the jail Nothing was said at the caucus
about taking control of the Jail, but there
| was evidently an understanding that such
a move would be made, as the notice to
that effect was subsequently served upon
Mr.. Virtue by County Counsel Mum.
Mr.. Virtue was asked today if he had
received such notice.
'I have" he promptly replied
''Will you surrender the control of the
jail?'
mot if can help it," and the answer
came as though the Sheriff meant every
word of it.
Mr. Virtue would not say what he pro-
posed to do except that he intended to see
his counsel and be advised as to his
rights. He remarked that he would pre-
fer to have an amicable settlement of
the threatened controversy, but intimated