The sun., 1901-11-20
COURT WILL DECIDE TODAY
Continued from First Pase.l

!
rhe sheriff held also, that the court
had not the power in this summary
procecding upon the application of the
trustees. 10. order said prisoners delivered
to the petitioners.
The final paragraph OF the answer WAS
n follows: "That If said respondent sliail
bc deprived Of fees and emoluments for
tbr care. custody, hoard of prisoners, ]
and fees incident to their commitments,
emolumcnts will be- diminished greatly
in excess Of the $4,000 provided by the
statute 10 be- allowed him III lieu there |
Of
Respondents attorneys asked for two
hours for the argument oi each SIDE,
hut the court limited the argument to one
| hour on each side
Mr.. Spruancc opened for the work
house trustees He held that the law
concerning the workhouse had been pass
"a before the election of the sheriff AMI
had the effect Of limiting certain emoi,l-
melts Of the sheriff to the time before
The completion Of the workhouse. In
lany event, he held that il the sheriff was
lcntitlcd to the cmouments even after
lihr workhouse takes charge Of their pris
nncrs. he had remedy in a suit for dam
iages.
Mr. IIarnan argued that the pris-
oners cannot bc taken from the sheriff.
The four propositions made by Mr.,
ifarman were as follows:
II II a settled principle Of law that
1.-THE adoption Of statute of another
State carries with il the construction
that the courts Of that State have placed
up6n il and the same rule of Gunstitn-
lion applies III the adoption Of parti-
tnar constitutional provision Of an
either State, and the construed statute
/, pr constitutional provision constitute n
: precedent, and has the force Of n stare
/. dceisS III the State adopting the Same.
The word rmolulment in section Of
! article IL Of the Constitution imports
= amy pcrquistc, profit, advantage OF
:. gan arising from the possession of IN
office, and the compensation ordered by
Z authority of law to he paid to the sheriff
Or tho board Of prisoners in the county
iail is IN emolument Of his office within
d .hr meaning OF section 4, article u Of tht
+ Constitution.
Z 4 statute in the eyes Of the law i
is ,'rcnet tn have been passed, for thu
n first moment Of time when il becomes
!, operative. and different provisions Of til,
d same statute may take effect ut different
h times.
Il The sheriff is constitutional office
+. md independent of section Of artic
n -. the Legislature cannot take from hin
u the care. custody and control Of tn
Il nunty Jail, or the prisoners confined il
IS aid jail.
in After Mr. llarman's argument, CO
10 NiellS closed for the sheriff. holdin
~. ~
IN ID make amy disposition Of prisoner
ty which other courts had had before thcn
III Mr. BAH III reply quoted u statute sci
in ling forth that the judges Of the Supcrio
*. Court. OF any Of them. have the powc
ha and authority TO correct any omission q
y. failure of county officers to comply wit
rs the law He held that Sheriff Mechanic
he in not complying with the provision /,
's quiring him 10 transfer the prisoner,
is MAS III default aud the Superior Coul
had the authority 10 compel him to SUI
render the prisoners to the workhoS
i. trustees.
~ Mr. Rall conten,lcd that the emol,
Il, mrnls had nothing to do with the cns
u under consideration. as the question 4
4. issue was whether the sheriff would ron
-. ply with the law, aud transfer the pri
!. nnrrs from the ial to the workhnus
=. Mr.. Ball cited the constitutional pr,
"a vision that the salary or emolnments
~ no officer shall hc diminished during II
a.. term for which he was chosen and poin
III I'd out that the sheriff was elected MOI
i than year after the workhouSe law vi
~ enacted, and contendcd that no reuSo
u ahlo construction Of the law could NAL
IL the constitutional provision regardir
~ rmulnncnts apply TO the sheriff md
, the existing circumstances Of him bcil
#of elected after the workhouse had hc,
III provided for.
H. In concluding. Mr.. Ball said the ma
nf ter simply resolved itself into qtiesti,
N. nf whether the workhouse was finish,
III aS required hy law. and the trustc
~ then made i formal and legal drmaI
~, upon Sheriff Mcdaniel for the pri
IN nnrrS.