Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-11-07

| 'thh ohhhb+ b.
Despite the disapproval OF County
Comptroller Kelley, the Levy Court
Tuesday afternoon, by vote of four
to three. decided TO allow the bill of
Sheriff Mcdaniel for the feed Of
Migrants IN the quarter ended June
Both last, amounting to S94l. so. be-
cause they believed the sheriff had fed
ard lodged the tramps represented by
the commitments, the majority OF tbe
court seemed 10 reason that 1t was I'm.
material whether or not the Migrants
were legally within the Jail.
The subject came before the court In
the following report from the com
mittee OH the sheriff, Messrs. Lynn,
Megginson and Mealey:
Your committee hns Investigated the bal.
ance of the sheril's hill referred to 1t ut the
Inst meeting and find that all the prisoners
therein charged for, were In the Jail ard
were lodged and fed by the sheriff as he has
charged, and recommend that the sheriff be
paio the amount of his bill for the board of
said prisoners. We aIe unable TO Judge
whether the act of 1898 does repeal tho act
of 1879, as stated by the comptroller, and
suggest that the question of the legality Of
the commitments be deferred for Legal
opinion thereon. We are, however, of the
opinion that the sheriff was justified IN fs-
ceiving the commitments, as they have been
recognized as legal for many years.
The foregoing report Indicates twist
in the views of the committee, for they
seemingly favor allowing the bill under
the act of 1879, aud in the next breath
leave open the question of whether that
act has not been repealed.
1t was at the meeting OF October 18th
last that Comptroller Kelley presented
his objections to portions of the
sheriff's bill A that time, he said:
refuse to allow all items on said account
where charges have been made for the board
OF ysgrnnts or tramps, alleged to have been
cummiited to the county Jail by Mayor
Boyd of New Castle, and In pursuance oil the
requirements of law ! give the following as
my REASONS therefor: 90. ~
Proof taken before me shows that in nearly
all of the cases for which claims have been
made there was no commitment of the al
legged prisoners to the custody OF the sheriff.
The practice seems to be as follows: par-
son applies to the jail Tor nights lodging,
Is admitted, commitment is then filled out
by some one in the jail, and thereafter at
some convenient time, ana without any
hearing, these commitments are signed by
Mayor Boyd. am advised that this Is with
out any warrant OF law whatsoever, aad that
int county Is in no way responsible therefore.
While this may not apply to all the COM
niitlnents submitted to the, 1t certainly dc es
apply TO the great majority OF cases, and
nave been unable to yet any information
which would enable me to separate the case4
depending upon different circumstances. D
am, therefore, forced TO disaIlow the whod
account X
let the committeeman report that id
their opinion the sheriff was justified
In eoeiyng the commitments as they
have been reroenized ns legal for many
years " his does not agree with Mr.,
Kelley g statement that tho proof shows
that 10 nearly all the cases there was
no commitment OF the alleged prisoners
to tho custody Of the sheriff. tlt 0s
After tho report Of the COMMITTEES had
been road, Mr.. Megginson moved that
the report be accepted and the bill
allowed. G tg,
Mr.. Willis moved as an amendment
that the matter be referred 10 the
comptroller.
Mr.. Lynn stated that the comptroller
had acted upon il and it had been
brought hack from MIN to tho com.
mittee. He remarked that the law pro-
vidsd that any officer might arrest and
commit tramps, and Mr.. Willis came
back ut him with tho assertion that
the persons for whom charges for board
had been made. were not arrested at
all, but went into Jail of their own
volition. ~!gea
Then Clerk .Janvier read from the
tramp law of 1879, which provides for
the arrest of tramps by town officers
and their employment upon public
streets or works, or their hiring to
private persons, 1t further provides
that the county Jail may be Temporarily
used for the confinement of such tramps.
The act OF 1888 is in relation to psr-
sons wishing lodging in the county fails
and provides that application must be
made by them to a Jail commissioner
for iood and lodging and admission to
the Jail ia to be secured ON order by
such commissioner to the sheriff.
Section = o. the act reads as follows:
That hereafter no vaarant, tramp. or other
needy person, shall Ee.scommitted to any
| Jail In this State by any Justice of the peace
or other officer having jurisdiction, the
| object of which commitment is board and
lodging for said yaRrant, tramp or needy
| person, and any officer so committing shall
be guilty df a misdemeanor. and upon con.
viction thereof upon indictment shall forfeit
his Office for the residue of his term, ana in
addition thereto shall forfeit and pay iine
not exceeding $50.
The third section authorizes the Levy
Court to pay the jail commissioner not
exceeding $50 annually for services
under the act
Section reads as follows:
When such needy person shall be received
| into any of tho jails of this State the sheriff
of the said county shall be entitled to his
usual lee for board of prisoners, but no
other teo Tor commitment OF otherwise Of
| said person; provided that for the purpose
OF this act day board shall consist of two
| meals; and provided further that no order
npon the sheriff OF any of the counties of this
| state as hereinbhfnre provided shall he for
longer time thnn ono uay consecutlyely.
Notwithstanding tho opinion Of many
that neither OF these acts furnishes any
authority to the sheriff for his charles
in the case before the court, ths MA.
jority Of the court held, that he had
authority.
Mr. Willis continual to combat the 4
motion to allow the sheriff the board (
money ard moved as an amendment
that the matter be- referred to the
courts attorney to Interpret the law
and instruct the court. IA delay wild
hurt nothing; be unjust to no one, 4
he concluded. "a little dangerou}
sometimes, " remarked President Lynn
Mr. Lynn also spoke as il Attorney
knowles had given his opinion oE the I
subject to the committee.
When MIR. Willis again moved his
amandment, MIR. Mogginson made the
astonishing parliamentary statement
that he did not see how tho motion to
accept tho report and pay the bill could