The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-01-30
MONONGALIA CITIZENS
PETITION LEGISLATURE
isHERirF.s RIGHTS
TO pc cuaTAILEp.


sHERIFr.s RIGHTS
TO pc cuHTAiLEp.
WOULD NOT HAVE SHERIFF SELL
coNFiscATED iNToxIcANTs =
MANY MEN OF PROMINENCE.
OFFICIALS AND CITIZENS, BE.
LiEvE NO ONE SHOULD BE PER.
MiTTEo TO MAKE SALES.
CHARLESTON. Jan. 80. ~ Major
WIN. Q. McGrew, one of the delegates
OF Mononga1ia county. presented to the
House OF Delegates yesterday morning
petition signed by, 9. William Gra-
mer. prosecuting attorney; Jno. NJ.
Gregg. clerk OF the Circuit Court, and
numerous other taxpayers of the conn-
ty OF Moaongalia, requesting that the
Legislature amend and re-snact that
portion Of the code OF West Virginia
relating to the duties OF the sheriff,
that requires this official at public
sales to sell intoxicating liquors con-
fiscated In raids to the highest bidder.
These good citizens Of Monongalia
decry the power given the sheriff to
commit TN offense that would land an
individual without his powers in the
i county bastiles with a charge Of the
violation of the internal revenue laws
hanging over him and they wish to
turn the tainted money from those
sales in other directions. The petition,
/ ers ask that the legislature return to
the law of 1904, which did not include
the sale of theconfiscated liquors but
only the .ParaPhernalia gathered In a
raid. The petition reads:
4 We, the undersigned petitioners, re.
specially represent unto your honora.
bic body that the State law which au
thorizes a search for and seizure of in.
toxicating liquors and all parapher.
MALTA incident to the sale thereof, also
authorizes the sheriff of the county In
which the intoxicants are confiscated
!, to sell the same publicly to the high.
! est bidder. Immediately after the
conviction of the party charged tn1tha
warrant with having violated the rev.
enue laws of this State; this law also
!, provides that the proceeds of such sale
shall be paid into the county treasury
/ This law authorizes and compeIs the
sheriff to an act the doing of which by
any other person, would result In a
fine and Imprisonment OF that person
This phase of the law is inconsistent
with its spirit and inconsistent with
the purposes for which the law author
fzing a search and seizure was enact.
i ed, Under this law a sheriff may sell
TO habitual ,drunkard, to a minor
or any other person indiscrimateiy.
Ia the next place no selErespecting cit.
izen of local option or any other
county needs, neither do they want
money paid into the county treasury
which was acquired in this manner.
Your petitioners therefore respect
fully request that section % of chap.
ter of the acts of 1904 at page IS as
amended and re.enacted by section 81
OF chapter &c of the acts of 1905 a,
page S66. be re-enacted and amended
SO as to make the law as 1t was under
section 90 of chapters3 oflthe acts Of
1904, which authorizes the search and
seizure, but only compels the sherifi
TO sell at pablci auction to the highest
bidder, such screens. jugs, fixtures
ETC., which were apparently used in
the unlawful selling Of intoxicants
and further authorizes the sheriff tc
destroy all intoxicants seized by him
Your petitioners further represent
that inasmnch as this law Is incon
sistent with the spirit for which II
was enacted and inconsistent with our
government and believing that the
best interests of the citizens OF this
State would be preserved by repeal
OF SO much of the said law as Is nee
essary. placing it as 1t was under the
acts of 1904, we, therefore. respectful
ly request that the re-enactment Of
this act Of 1905 be given careful and
deliberate attention and that the
same be re-eaacted and the law made
to conform to that as enacted by the
Legislature OF 1904.
The petition is signed by c. William
Cramer, prosecuting attorney; John
NJ. Gregg, clerk of the County Court
and John Shriver, clerk OF the Circuit
Court of the comfy of Monongalia. In
troduced by McGrew.
| This wall paper Will be closed out
at once n e. PTTRDnrrrE =,