Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-10-17

without warrant Of Law by New Castle
county for alleged commitments of
prisoners TO New Castle jail by Mayor
Evan q. Boyd of New Castle and some
of hiu predecessors, and Mayor Boyd,
those predecessors and sJme OF the
sberifTs of New Castle county have re-
oeiyed those thousands OF dollars. A
yeur or SO age the Levy Court. through
the opposition made by President Will
liam A. Scott and Commissioner John
J. Gallagher, held up bill of Mayor
Boyd's on the subject for long time.
and The Gazette, learning thereof,
published statement of laws which
applied to 1t and took the position that
the claims were unwarranted. Thanks,
however, to the support of Henry M.
White, John Lynn and John j, Mealey,
Boyd's bill was passed. after very
considerable pairing, which brought it
down to S1,30o. But, THINKS to Mr..
Scott's opposition as we'll as that of
Comptroller Kelley. the money has
never been paid. Meanwhile, Sheriff
Johu e. Taylor had, as was understood,
received pay for his part 10 the com
mtment OF the tramps and vagrants,
and under the present Levy Court,
Sheriff Samuei A. Mcdaniel in his bill
for the quarter ended March Dist. re-.
ceis ed s1,3i3 for boarding yagrantsn
and IL, S9o.56 for the commitment of
Migrants, total, So, 202. J6. After an
Investigation of the bill, Every Evening
again advanced tho argument that the
claim was unwarranted. and at last
official cognizance is taken of the sub
ject, for Comptroller George ID. Kelley
sent the Levy Court yesterday afternoon
the following communication in con-
nection with Sheriff McDaniel's claim
for commitments and board of
warrants" for the quarter ended June
30th last:
After n careful examination of the bill
presented by Samuel A. Mcdaniel, sheriff,
for the quarter commencing April LIST, 1901,
l refuse to allow all items on said account
where charges have been made for the board
of Migrants or tramps, alleged TO have been
committed to the county jail by Mayor
Boyd of New Castle, and in pursuance OF the
requirements OF law give the following as
my reasons therefor:
Proof taken before mo shows that In
nearly all of the cases for which claims have
been made there was no commitment of the
alleged prisoners TO the custody of the
sheriff. The practice seems To be as follows
A person applies to the Jail for night q
. lodging, is admitted, commitment is then
filled out by some one IN the jail, aud there.
alter at some convenient time, and without
any hearing, these commitments aro signed
by Mayor Boyd. am advised TINT this is
without any warrant OF law whatsoever and
that the county is in no way responsible
therefor.
While this may not apply TO all the com
mitnents submitted to me, il certainly does
apply to the great majority OF cases, and
have been unable to get any information
which would enable me to separate the cases
ID Ill al ntr ef,tTtn
am therefore forced to disallow tho whole
account
desire further to say that Sheriff Nc.
Daniefhas afforded me every facility for OBJ
tanning the facts, and seems TO have followed
president which was apparently started
under the act of 1873, AMI not discontinued
after the passing OF the act of 1888.
The total claim of Sheriff Mcdaniel
for the commitments ruled out was
Sl,237. OF, and for the hoard of tho pris
oners under said commitments, s94l. 80
total, 81, 1852, indicating that tht
second quarter OF the year was not sc
active in the tramp and vagrant bust
ness as had been ths first quarter.
On motion of Commissioner Willis,
the Levy Court held up the claim al
81, 49, 50, but allowed the rest of thu
sherilf's bill, for which the items were
Board of prisoners, ...,.............$ 81, s09.U
Officers of the court. ..,............ 2l9.4
CourL expenses. OBSERVATION-DISCLOSURES. aJf.J
Ball Tramp act. Observation-Disclosures. 600
----
Total. OBSERVATION-DISCLOSURES. w, bTB.3
President John Lynn remarked, whel
the court was about to hold IN tn
claim for commitment and board .
vagranta, that it would cut down thu
sheritf's bank account.
Comptroller Kelley made an lnyesti
cation oil the claim on Monday nigh
and the result OF. the testimony is indi
Gated in his letter to the court. Ii
refers therein to the act of 1873 aud tn
act of 1885, Tbs former is an act con
corning tramrs and provides for tn
arrest of tramps by town officers an,
their employment upon public street
or works, or their hiring to private per
SONS. The act further provides tina
the county jail may be temporarily USE
for the confinement OF such tramps.
The act of 1893 is in relation to per
sons wishing lodging in the county Jail
and provides that application must b
made by them to Jail commissions
for food and lodging and admission t
the jail is TO be secured on order b
such commissioner to the sheriff. Sec
tion OF the act reads as follows:
That hereafter no vagrant tramp, or otht
needy person, shall be committed to an
jail in this State by any justice of the peac
ar other officer having jurisdiction, the OF
ject of which commitment is board an
lodging for said yagrant, tramp or need
person, and any officer so committing sha
be guilty of a misdemeanor, and upon col
yiction thereof upon indictment shall forte
his office, ior the residue of his term, and i
addition thereto shall .forfeitand pay dix
not exceeding $500.
The third section authorizes the Lev
Court to pay the jail commissioner nj
exceeding S25 annually for service
under the act.
Section reads as follows:
When such needy person shall be receive
Into any OF the iais OF this State, the sheri
OF the said county shall be entitled 10 h
usual fee for board of prisoners, but no 9th
lee for commitment Or otherwise of sa
person; provided that for the purpose OF tn
act o days board shall consist Ut two meal
and provided further that no order upon d
sheriff of any OF the counties of this sta
as hereinbe.ofe provided, shall be for
longer time than one day consecutively,
Ore question aroused by the positir
taken by the county comptroller on Il
subject is: Will the county get bar
any of the money it has paid out 4
/ the commitment and board of yagran
in the years gone by?
Sale of dam Dnyett Mill Property