The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-06-05
SHERIFF AND
CONSTABLE IN
WAR Of WORDS
SHERIFF INSISTS AND PRESENTS
OPINION THAT CONSTABLE HAS
NO RIGHT TO pEPuTY-A RE,
JoINDER INTERPosEp..

-'s ~ SS%S''
Sheriff Van Pelt YESTERDAY served
notice upon Constable Chas. Bobe that
the latter was acting irregularly in
employing a deputy constable, and in
support of that claim, presented an
opinion from the law firm Of Blount,
Blount & Carter, which in effect stated
that there is no provision for the EN-
ployment of deputy in the con,
stables office only in special work.
In reply which the sheriff received,
the constable makes it PLAIN that he
tthe constablel is asking no advice o.
the sheriff or anyone else; that he was
under bond TO do his duty, etc.
The sheriff had nothing to say
about the matter last night, simply
referring inquirers to the opinion
from his legal advisers, ard saying
that he had the utmost confidence in
them. This opinion in full. and
copy of the reply, are as follows:
The Sheriffs Letter.
Pensacola, Fla, June End, 1910.
Mr.. Chas. P. Bobe, Constable, Pensa-
cola, Florida.
Dear Sir: l beg to state that |
have received advice from my attor-
neys, Messrs. Blount & BlouEt & Car
| ter, of this city, to the effect that you
have no authority whatever TO appoint
a deputy constable, only N cases of
emergency, or sickness or absence Of
the constable from the county; and
| then in that event such appointment
as deputy constable only carries with
it authority to perform some specific
| official duty, and when that Guty has
been performed such authority as
deputy constable ceases: ne further
advised me that any official duties Of
any such deputy performed other than
herein mentioned are Illegal, void and
| of no effect.
In view of the fact that you have in
your employment, an individual who
purports to be deputy constable
tunder you, l take this method of call
ling to your attention the wrongs and
irregularities being committed in
your Office, and to further advise you
that if you persist in doing SO, my at
Itorneys will take such steps as neces.
sary to require you to comply strictly
with the law in every respect.
Yours very truly,
]. C. vANPELT
Sheriff Escambia County, Florida
| Reply of Constable 5ohe.
| Pensacola, Fla, June 4, 1910.
Mr.. J. C. Van Pelt, Sheriff of Escan-
| bia county, Florida, City.
Dear Sir: Your letter of June End
lreceived, and in reply will say that
lyou have nothing to do with my office
as constable of the second district,
and l am not looking to you for any
legal advice, or your attorney either.
AS for the irregularities in ny office.
will state that you have better look
after your own and you will have your
hands full. I am under bond for my
actions as constable, and you are not
one Of my bondsmen. You are under
bond to the people the same as am
for your actions I have not heard
where you have been appointed or
elected as state auditor of the state
of Florida to examine into the state
of affairs of any county official, as you
state in your letter with reference to
an individual who purports to be e
deputy constable under me- Now |
will state that you just as well pub
fish his name as you know who he is
as well as l do, but as you have not
seen fit to do so, | will. His name is
&c. w. Johnson, who served in your Of
flee for the past five or six years as
you have stated openly since he has
left your office that he was one of the
best officers in Escambia county, and
that you had nothing to say against
him. 1 do not know now what your
objections to his being a deputy con
stable are. Is it because the con.
stables office is making money that
you think you ought to have. or is il
that you are trying to deprive him OF
making a living for a wife and five
Ichildren? | do not know what caused
him to leave your Office and | expect
nobody knows except yourself and G.
w. Johnson, but | will state to YOU
THAT you will have to send me more
lstronger documents than the letter
Iyou wrote us; you will have TO bea.
down with the strong arm of the law
before we will pay any attention to
Iyou. Now. l want to state 10 YOU that
you cannot even be a party to the
suit. as it is not concerning you one
bit, and if he made an illegal arrest
1.-THE party would be entitled to a writ
lof habeas corpus, the very same a
lyou and your deputies when you make
Ian Illegal arrest or misdemeanor
which is an everyday occurrence in
your office.
| Now | suggest that you send let
ter the same as you sent to me, one
Ito Cary Ellis, one TO Francis B. Rad
tcliffe, and one to T. D. Sanders
|serving notice upon them that they
Icannot be a candidate against YOU IT
the next coming election. I think II
would have just as much effect with
them as the one you wrote me-.
Now Jim. man told me that he
was worth 100000 once; that he
made s15,000.00 attending 70 his OWE
business. and s15,00000 letting Other
lpeople's alone. Now | suggest thai
Iyou take a leaf out of his book.
c. p. BOBE.