The sun., 1901-11-07

| tending the term Of any public official
or diminish his salary or emulumpnts
after his election to office. He claimed
that by granting the request OF the
trustees the sheriff's cmouments would
he diminished. His contention was that
when the sheriff was elected last Noyem.
Der the law stared him in the face that
the workhouse was to be completed by
March 10th, and when the time wns 6x-
4 tcnded on .,-arch 2a, the institution was
to be completed by September 10th
whereas il was not completed until Nov
emhcr 4th, but the law had not been
compiled with and he was not bound tu
deliver the prisoners after time had ex.
pirrd. Mr.. Heald held that his client
would be prejudiced by sending the pris.
on"rs to the workhouse.
Mr. Ball held that Sheriff Mcdaniel
had no standing in the court in the mat
ter At issue; that he had never had
charge of the prisoners referred to and
could not therefore lose anything that
he did not have. If anything the sher-
III had benefited in the matter ms he
has had the prisoners longer than the
time contemplated in the act.
|
cision, snid he did so without prejudice
So far aS the Municipal Court is con
ccrncd he said it makes no difference
when the workhousc is completed. Sec
tinn Of the act provides that when tn,
buildings are completed and does not
specify whether the time shall be tw,
iycarS Of two years and six months, and
ready for occupancy all prisoners com
mitted by any court in the county tC
| Jail shall be committed to the workhous,
trustees and delivered to the warden oi
tn" institution. There is direct man
datOry provision upon this court" ht
said, (which requires il to perform Ger
tain duties, independent of the emOlu
lmcmtS Of any officer. The law had beer
enacted when the sheriff was elected
Does the act, therefore, diminish tbs
jcmoluments Of the sheriff? My duty il
'tO commit the prisoners from this c0ur
| to he trustees of the county workhonst
and | hereby make an order to tha
lcfect ! command the high conStabl,
to deliver all prisoners to he sent to jai
today to the warden of the workhoust
Ia he put at work eight hours per da.
ut the workhousc during the terms o
their imprisonment"
II is understood that all of the magis
tratcS will commit their prisoners to th
workhouse unless orderly by the cour
not to do so. Magistrates Hollis an,
Bradley so expressed themselves yes
trrday morning. Magistrate Hollis ha
prepared himself for the change by hay
ing quantity of commitments undo
the workh0use act printed.
William III. Head. counsel for Shcrii
Mcdaniel, when asked as to the sher
IFS course with reference to the de
mnnd from the workhouse trustees 70
the prisoners, said that the line of pre-
crdurc is uncertain. The sheriff is t
contest the right of the workhouse trus
tccs. but the method Of securing d,
iciSion on the difference between him an
them is not decided. 1t is expected
however. that the question will he de
cidc,l at the November term of court.
Under an act passed by the las
Legislature, ms soon MS the sheriff d.
ircrs the prisoners to the workhous
trustees he begins to receive an annui
salary Of $1,000, and is allowed $500
for his deputies. At present he receive
fees The salary provided for is to ;
paid in monthly installmcnts.