Perth Amboy evening news., 1911-10-19

have q full conception of the duties
and powers OF a sheriff. There are q
still less number OF people who care
to take the pains to learn about
his powers and duties. Consequent
ly. the public at large 90 not real
lie the Importance OF the sheriff'a
office. This lack of knowledge is
very apparent In this campaign. OF
late, the speaker has met many peo-
pic who have been anxious to know
something about the sherin's Office;
therefore be thought that a little In
formation on the subject might be
OF interest and do a little good.
The office Of sheriff originated In
England. 1t was adopted by the
States after the War OF Independ-
ence. 1t then became a constitu-
tional office. (S6e Sec. 2, Art A.,
N. ]. Constr This section simply
provides that the sheriff shall be
elected by the people OF their respec-
tive counties for the term of tnfee
years. The qualities required of a
sheriff Is outlined by Sec. 1, page
3,110, Gen. Stat. OF N. J.. This
section provides that no person shall
be elected sheriff unless he shall
have been a citizen of this state
and an inhabitant Of the county for
at lea three years next preceding
his election. Our laws are very
incomplete In outlining his duties,
and we are, In a large measure,
obliged to look into the history and
origin OF the office in ordsr to ascer-
tain mis- duties.
The American courts hold that,
unless otherwise provided by the
State Laws, the sheriff is the chief
executive and administrative officer
of the county; that he Is the chief
of police and chief e~onserYator OF
the peace within his county; that
his principal duties are In the aid of
the criminal and civil courts of rec
ord, such as serving process, execut-
ing Judgments. holding judicial sales,
selecting and summQning jurors;
that, as chief of police and chief
c~onservator of the peace, it Is his
duty to Q that the law is enforced
and that the law breakers be brought
to justice.
The courts do not, at all, agree
as to how far q sheriff can go and
still act within the scope Of the law.
This uncertainty as to the limit Of
his Jurisdiction became very evident
while the ron. Frank HI. Sommer
was sheriff OF the county OF Essex.
At hat time, there were rumors
from many sides that Mr.. Sommer
exceeded his jurisdiction. Yet,
there was no one who could prove
that he did act unlawfully. The.
speaker is not stating this for the
purpose of unfolding or condemn
ing Mr.. Sommer, but for the purpose
of comment, for the purpose of
showing the sheriff's great power for
good and for evil, If he chooses to
use them.
However, the courts agree that
1t is his duty to select grand jurors
and petit Jurors in a manner agree
able to law. Assuming that the
sheriff has no other legal duties UNI
der the present system, yet his pow
ers are great for good and for evil.
Ii you permit, I shall be obliged to
deyiate a little from the subject as
announced.
The speaker lis informed that both
the great political parties have
pledged and promised Jury reform.
And / shall endeayor to show that
reform IL not only necessary, but
OF vital Importance.
One of the most important duties
of a sheriff Is to select and summon
grand jurors. "A grand Jury has
been defined to he a body Of men
selected and summoned by the sher-
If to inquire In regard to crimes
committed In the county; and to pre-
- ~-S 4~al.k al KfpnnAA~s o~n41r$
the law. 1t haa also beer defined
to be an accusing body rather than
a judicial tribunal. because 1t de-
cides nothing. It's only duty Is to
indict. Indictment means accusa-
ton and no nor
The institution Of the grand jury
originated in England. In the be-
ginning OF the thirteenth century, in
the reign OF King John. At that
time, a struggle arose between the
nobility and the church IN the one
side and the King on tbs other. Its
institution was brought about to
render the subjecty secure against
oppression from unbounded persecu-
ton from the Crown. 1t has often
stood as a barrier against persecu-
ton in the Kings name. In this
country, the need of a grand jury
seems to be absent, because there
has never really been and could not
be any real contest between the cit
tzenS and the government. Here the
government Is the people. Hbce,
there can be no more reason to con-
tinue this system. Nevertheless, it
has been urged that the grand jury
could serve as a means of protect
Ing the citizens against unfounded
accusations, whether 1t Comes from
the government or be prompted by
This contention has proven unsound.
Because the sheriff is usually a crea-
tude Of his party and he generally
selects the grand Jury, the majority
OF whom are IN Sympathy with or
affiliated with his political party.
It ought not TO be so, but 1t is SO.
The trainers of our Constitution
provided in sec. 8, Art. l, that no
persons shall be held to answer for
any criminal offense before the In
dictment Of q grand fury. The Gen.
Stat. OF N. j. Sec. At, page 1888,
Laws OF N. T., 1905, Page 91es set
forth what qualification is necessary
to serve as & grand juror. These
laws provide that a grand juror shall
bs a citizen Of this state, and reside
within the county from which he
shall be taken, and above the z OF
81 years, and under TN age OF 85
years, and shall not, at the time Of
his selection, zave directly or indi-
rectiy any official interest In or in
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