Evening journal., 1901-11-06
GO
TO WORKHOUSE
Judge Churchman Decides in
Favor Of Trustees
ABIDES BY THE CONSTITUTIONS
Sheriff Mcdaniel Will Receive No More
Prisoners Sentenced in Ma-
nicipal Court
ADIDES BY THE CONSTITUTIONS

BY decision Of Judge Philip Q.
Churchman in the court this morning,
all prisoners committed by him will he
sent To the new county workhouse, in
stead of to New Castle jail
After several minor cases had been
disposed of, former Judge j. Frank Ball
presented the following letter which was
addressed TO Judge Churchmnn by the
Board of Trustees OF the workhouse:
"Wnmmgton. Del, Nov. 8.
"llon. Philip Q. Churchman. Judge of
the Municipal Court of the city of Will
mington
Dear Sr:-At meeting of the Board
of Trustees for the New Castle County
WOrkhouse, held on Monday November
fourth. 1901, ! was instructed to inform
your honor that the buildings provided
for in the act entitled An act to establish
the New Castle County Workhouse,'
passed at Dover March H. 1892 and ap-
proved by the Governor March i6, 1899.
are completed and ready for occupancy
as a w0rghouse.
"Rcspectfully submitted.
-. Frank Ball Secretary"
William II. Head, representing Shcr-
in Mcdaniel said that he understood
from the notice that the workhouse was
completed. and that the court was re-
questcd To commit prisoners To that in
stitution. Mr.. Head objected to this
procedure, and called the attention OF the
court To the act regarding the work
house and its completion. lie said that
the trustees of the wOrkhousc had no
right 10 demand any prisoners, in M
much MS they had not complied with the
act. which made il mandatory that the
workhouse be completed within certain
time, two and one-half years. He also
held that the law provided that no emolu-
Inonts OF any officer should be reduced
| during his term of Office, and that hy
committing prisoners 10 the wOrkhOuse
this would reduce the emoluments OF
Sheriff Mcdaniel, in violation Of the
act.
MR.. BALLS REPLY
I'm reply to Mr.. Head's argument,
former Judge ]. Frank Ball said that
the duty Of the court was plain upon
the subject The constitution set forth
i'm indisputable terms that after the
worlShouse had been finished. that all
committing magistrates should sentence
prisoners To that institution Notice had
heon served upon the court 10 the effect
that the wOrkhouse was ready for the
reception OF prisoners. As far as the
reduction of cmOumcnts of the Office
90 sheriff were concerned, Mr.. Ball said
he could not see how il affected Sheriff
II Mcdaniel, as the prisoners about 20 be
committed had never been IN his Gus
tOdy. and therefore he could lose moth
ing by them not being committed 10 his
care He, moreover, urged that when
Sheriff Mcdaniel was candidate for
office he was cOgnizant of the act Great
ing the workhousc. and accepted the
/ office with full knowledge of what might
b occur.
JUDGE CHURCHMAN'S DECISION
In deciding the question, Judge
Churchman said ne did so without preju-
dice and determined as he interpreted
the law He said that he had not the
; power 10 dispute the Constitution, nor
; did hc wish to do so. In his opinion the
o. act provided that after the workhouse
had been completed, he as committing
magistrate was required 10 deliver al
prisoners into the hands of person ap-
pointed to receive them by the Board of
p Trustees of the workhouse lie had re-
1 ceiycd notice To the effect that the insti-
tuition had been completed, and he was
therefore duly bound to commit then
. there.
Z In accordance with this decision, all
4 prisoners who appeared in court to-day
n Who failed 10 pay the hne and costs VIII
r. be sent To the wOrkhouse this afternoon
ON special car provided by the Peoples
Railway Company.
FIRST PRISONER SENTENCED
John j. COlluhan was the first prisoner
u 10 be sentenced 10 the wOrkhOuse. lie
g was arrested ia Shpley street. between
- Front and Second Sts., yesterday af
G tcrnoon. 10y Officer John Wintrup, ON d
If charge of drunkenness; a fine of 81 and
r. costs was imposed, amounting to $2.70
:, As John had not the collateral TO pay
" out" he was sent 10 Greenbank this af
tprnoon Several other drunks receive,
similar fines ana accompanied him. Othel
& cases heard to-day were those of Thomas
: Gray and James Pierce. charged witt
, selling milk at a lower standard thai
u provided by the city ordinance Eacl
'e pleaded guilty, and were fined IS an'
y costs apiece.
II