The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-04-08
ARE AGAINST THE
DEPUTY CONSTABLeS
The Regulars Call the Attention Of
the Court to What They Believe
Is q Great Evil.

1
any court matter, nothing was done
with reference to them. They follow:
To the honorable the Judges Of the Court O,
| Quarter Sessions of the Peace Of Lackawanna
County.
| The Constables' association Of Lackawanna
county respectfully informs your honors that this
organization in regular meeting assembled passed.
| the following resolution, and himbly pray that
the same may be concurrcd in by your honorable
bench:
Whereas, number of the dcputy.constablcs
| recently appointed by some of the consables Of
! our county, which appointments received the ap.
probation of your honors under the provisions OF
! Sections 113 and ia Of the act Of assembly, an.
| proved April 10, 1894, which provide (Sec lls)
| that: "No deputy shall be appointed by any con.
stable, either by general partial dcputation.
without the appreciation OF the court of quarter
sessions Of the proper county first had and OBJ.
| tancd, except the same be made specially, in
| some civil suit or proceeding, at the request and
risk OF the plaintiff or his agent" and (sec l1D
I'm the event of the DEATH inability or refusal
| to act OF his deputy, the constable of any town.
ship may, with the appreciation OF any Of
the judges OF the court Of quarter sessions Of the
| same county, appoint another deputy, with full
| authority to act as such until the next regular
sessions of such court, and, for the acts Of such
| deputy, the constable and his suretics shall be
| liable as in other cases; and in every such casc
| the constables shall file a written copy of such
deputation in the Office of the clerk of the court
OF quarter sessions Of each county" are nom
residents OF the ward or district where the con.
| stables SO appointing, reside.
1t frequently happens that constable appoints
a deputy who resides five or ten miles from the
appointing constable and in another municipal.
| ity altogether. 1t also frequently happens that
one constable has several deputies scattered over
| the county, where the necessities of the do
| not require the appointment Of more than
| deputy in his own ward. For instance, a man
who seeks to be dcputized by constable in
Scranton or Carbondalc, or so far as this illus.
tiaion is concerned the location may he extend
cd to any part of our county goes to the regular
constable OF his ward, who already has faithful
deputy, and requests such constable to appoint
him his deputy. The constable upon comforting
with his bondsmcn, conclude that the applicant
is not suitable person to he trusted with the
duties OF such appointment, or perhaps the con-
stable concludes that another deputy is unneces-
sary in his ward district, and thus he refuses
to make the appointment; whercupon the disap
pointed applicant goes to remote part Of the
county. and for consideration purchases the
deputation, petitions the court, and your honors
not knowing these circumstances. appoint him a
deputy-constable, and he thus becomes n full
fedged deputy, and returns to his ward and snaps
his fingers in defiance of the regular constable
and his regular deputy of the business of the
ward in which the constable was elected and
to which they are justly entitled.
1t is true that it is the fault OF some OF our
constables that makes this practice possible, but
VIC are glad to say they but few The
great majority Of the constables throughout our
county deprecatc such practice, and are looking
for remedy. We believe that the remedy lies
with the court in requiring that person seeking
the appointment OF deputy-constable should be
resident OF the ward or district of the const able
deputizing him, and that this should appear in
his sworn petition The provisions of the law in
this behalf were obviously intended are
informed by our counsel to cqualize the business
OF the constables; to secure to them at least
the business OF the ward in which they were
elected, and to enable the court to appoint dcpu-
ties whenever necessity required it,
The appointment OF deputyconstablc, we
are advised, rests upon public necessity. II the
constable of the ward attend to all the
legal business OF his ward, no deputy is neces-
sary. Ii he cannot, then public necessity requires
that deputy he appointed. 1t seems to us that
public necessity does not require the appointment
by a constable of Scranton oi deputy residing
in Carbondal", or The appointment OF Il deputy
residing in scranton, by a constable OF Carbon
dale, or the appointment by constable of Mos
COW OF deputy residing in Wavery, or TIE ap-
pointment of deputy residing in Moscow, by
Waverlv constable. We do not mean TO he un-
dcrstood by singing out these places, ta, the
conSa thereof have been guilty OF this mac-
tce; the names simply used to illustrate
the pruci ice which we condemn.
In some of our wards there are n numhcr Of
deputy. .constables concerning whose drputation or
appointment the regular constable Of the ward
knew nothing and yet the people of his waid
seek to hold him responsible for the maliea:anse
Of such deputies whose only object IN being ap.
IN, IL vi, tt,,,izo tI-,.
may be unfortunate enough to tall as prey to
their avarice. Ii the court should refuse to ap-
point deputy-constable who does not rosd, i'll
the ward or district nj the constable depuizng
him, and appoint only those who do reside in
such ward, and then hold tile constable and his
bondsnien strictly responsible for the acts OF his
deputy Gas in law we are advised they are re.
sponsible), The evil of having nonresident dcpu-
ties scattered all the county would disappear.
Our counsel informs Us that it was the former
practice of yoyr honorable court to appoint no
one depnty'constahe who was not Il resident Of
the ward or township of the constable deputiang
him. rs was decided in Ee:Applcation OF Jacab
Ellman for the appointment OF deputy constable,
hut that recently this practice has not been
adhered to,
Judge Finetter so,d, IN Deputy Constables'
Case, II Phil. at page SOP: "Tle Office of con.
stable is contcmporaneous with that Of alderman
or magistrate. Ii is aS essential II the admins
traton OF justice by the local maglsracy a.
sheriff is TO the higher courts. II has its fran.
chises Of honor and profit as well defined as any
other office in the gilt OF the people. lie is
their officer, and when elected may net decline
TO act without being subject tS a severe penalty,
lie is therefore entitled to our consideration ard
protection when the franchises of his Office are
endangered and will receive it. The security
thus given to the constabes will suggest to them
higher appreciation Of the dignity OF Their