Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-11-21
SHERIFF MAKES ANSWER
To the Demand Of the WOrkhuuse
Trustees for the Custody
of the Jail Prisoners.
SAYS IT WOULD REDUCE HIS PAY
More Than the $4,000 Salary
Provided in Lieu Thereof
Claim of Unconstitutlon-
ality--Argument on
Both Sides.

The answer Of Sheriff Samuel A. No
Daniel TO the demand OF the trustees
OF the New Castle County Workhouse
for the prisoners was presented to Gen
era Sessions Court. Tuesday morning.
With William H. Heald and Robert g.
Hartman, for the sheriff, was Col. Hen
iamin Nieds, who road the answer.
Arthur W.Sprunnce appeared with j.
Frank Ball in the interest of the work.
houae board.
In his answer Sheriff Mcdaniel
quoted this constitution provision :.
mo iaw snail extend the term OF any
public officer, or diminish his aa airy
or emoluments after his election or APP
Iointment. He averred that prisoners
have been committed to his custody and
are now he'd by him, and he is advised
that be cannot release or surrender them
until the judgments In their cases have
been modified or revoked.
lie declared iurther that tho fees al
loved him included fee for com.
mitments, AMI that large part Of the
emolumenis of the respondent has been
from the board of persons committed
to his custody which emolu-
ments would be greatly diminished II
said respondent should be required
W hHlu ItlSOUbFB.
The sheriff he d also, that the
court had not the power in th 3 sum.
mary proceeding uron tho application
OF ths trustees, TO order said prisoners
delivered to the petitioners.
The hnal paragraph oil the answer was
rs follows: "That II said res onden t
shall be deprived of fees and emolu
ments for the care, custody, board Of
prisoners and fees incident to their
commitments, his emolumsnts will he
diminished greatly In excess Of tho
s., 600 provided by the statute to be al
lowed him in lieu thereof. "
Respondents attorneys asked for two
hours for the argument of each side,
but the court limited the argument to
OLD hour ON each eide.
Mr.. Spruanoe opened for the work
house trustees, He held that the law
concern ng the workhcuse had been
passed before the election of the eher II
and had the effect OF limiting certain
emoluments Of the sheriff to the time
before the compilation of the work
house. In any event, he held that il
the sheriff was entitled to the emolu-
! ments even after the workhouse takes
charge Of the L soners, he had remedy
in suit for damages.
Mr.. Hartman argutd that the prs-
oners cannot he taken from the sheIi if.
The four proposi tions made by Mr..
Hartman were as follows:
1t is q settled pr noiple OF law that
the adoption of statute Of another
State carries with it the construction
that the courts OF that State have
placed upon il and the same rule Of
Const tuition applies in the adoption OF
d particular constitutional provision OF
another State, and the construed statuts
or constitutional provision constitute a
preoedent, and has the force OF stare
deoisis in the State adopting the same
The word emolument in section Of
article 10 of the Constitution imports
any perquisite, profit, advantage or
gain arising from the possession OF an
office. and the compensation ordered by
authority OF law TO be paid to the
sheriff for the board of prisoners in the
county jail is an emolument of his
office within the meaning of section 4,
article 10 OF the Constitution.
A statute In the eyes oil the law is
deemed to have been passed, for the
Hrst moment OF time, when 1T becomes
operative, and different provisions of
the same statute may take effect at
different times.
The sheriff is constitutional officer
and independent OF section of article
10, the Legislature cannot take from
him the care, custody and control OF
the county Jail, or the prisoners con-
fined In said Jail.
After Mr. Harman's argument, Col.
Nieids closed for the sheriff, holding
that the Superior Court had no power
to make any disposition of prisoners
which other courts had had before
them.
Argument was concluded in the case
ncerning the demand by the. work
house trustees that Sheriff Mcdaniel
deliver the prisoners IN his custody.
Former Judge Ball spoke for the
trustees. Decision was reserved.