Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-10-14
FIELDER ALLOWS
FREEHOLDERSTO
SUE EX-SHER|FF
Doubts Essex Boards Right to
Act Against Sureties of
William Harrigan.


TRENTON, Oct. 14.-Goyernor
Fielder has issued an order author
izing the Board of F'reeholders of
Essex county to prosecute action
against bonds given as sureties by
former Sheriff William Harrigan, of
that county, the application for the
order having been made by the free
holders through counsel some, time
ago, it being charged by them that
the former sheriff collected fees to
the amount OF $4,000 while in office
which he did not turn over to the
county on the ground that he was
entitled to them himself.
Accompanying the order for the
prosecution against the bonds of Mr..
Harrigan, the Governor sent letter
to the legal department of Essex
county, in which he raises several
points involving questions as to the
course to be pursued by the freehold
ers in this case. The Governor points
out that the bond given by the sher-
iff was under the old act of 1876.
which entitled the holder of the ONCE
to appropriate the fees for himself,
ana IndL LIllS DOnu VILE IlDlf
to include liability for failure to turn
fees into the county treasury. The
executive further says that the law
of 1905, which placed the sheriffs of
first-class counties under salaries
and turned the fees into the counties
affected, is not any more specific In
this respect than the older statute,
On the contrary, the Governors let
ter says, this latter act makes the
holder of the Office personally liable.
The Governors Order.
The executive also comments upon
the length of time that the claim has
existed without prosecution, and says
that If the present action by the
freeholders was that of an individual
he would regard 1t as "stale. and sus-
picious.p The following is the order:
application having been made to
me In writing under dat of Septem-
ber 2, 1914, by Benjamin r. Jones,
attorney for the Board of Chosen
Freeholders of the county of Essex,
for an order allowing said Board of
Chosen F'reeholders to prosecute an
action at law upon certain bonds
given by William Harrigan, while
and as sheriff of the county of Essex,
as principal, and Thomas J.. b. Smith,
william r Mullen, Eugene F.. Nc
Cabe, William P Gregory, John II.
Fitzsimmons and James E. Delaney,
as sureties, said bonds having been
given on the following dates, viz:
November no. 1908; November 10, 1909,
and November IS, 1910,
II do, therefore, on this thirteenth
day of October, one thousand nine
hundred and fourteen, order a prose-
cution to be commenced upon the
bonds above mentioned, said prose-
cution to be carried into effect at the
costs and charges of said Board Of
Chosen Freeholders of the county of
Essex.
JAMES #. FIELDER. Governor
Fieiders Letter.
The Governors letter, sent with the
order, reads as follows:
Herewith find an order signed by
me for prosecution upon the bonds
given by William Harrigan, while
and as sheriff OF Essex county.
Ansign this order with much doubt
as to the legal right of the freehold
ers Of Essex county totcollect from
the sureties on these bonds, for the
cause Of action stated in the copy you
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