Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1914-07-15
THE GRAND JURY
AND THE COURT
Grand Jury Asks for Ruling on Questions Pertinent
Judge Prince Gives Ruling in Detail-Final Present.
ment of Grand Jury as a Body.

week the grand jury presented to
Judge Geo. f.. Prince the following
paper, conveying questions on i'm
portant subjects, in the shape Of
Requests for Instructions.
To the Honorable Geo. T.. Prince,
Presiding Judge: The attention of
tho grand jury has been called to
some misunderstanding relating to
the Oconee County Salary Act Of the
sheriff and constables of the county,
and the duties Of said officers. We
therefore ask your Honor to charge
us as to the law OF the following
points:
l.. Under the salary act of OConee
county, can the sheriff charge fees for
the commitment and discharge Of
prisoners? General Stat. 1915,
1927, 1929.
2. What charges, if any, can the
sheriff make for conveying lunatics
and prisoners beyond his county?
General Stat. 1920.
3. Is it the duty OF the Sheriff to
convey to the chain gang prisoners
sentenced in the Court of General
Sessions to county chain gang?
General Stat. 800.
f.. Is it the duty Of the constable
to convey to chain gang prisoners
sentenced in magistrates courts to
chain gang? General Stat. 1915;
Acts 1914, page 637D.
;. Can the sheriff receive in COM
mon Jail prisoners sentenced by
magistrate to chan gang, without an
alternative sentence to Jail, and what
is The sheriff's duty under such cen
tence? (Crim. Code, Sec. 1O4).
J. II. Barnett, Foreman.
Judge Princes Answer.
After giving due consideration to
the matters presented by the grand
jury Judge Prince delivered the fol-
lowing special charge to that body:
Mr.. Foreman and Gentlemen of the
Grand Jury: | have received your
inquiry, and the first is, Under the
Salary Act Of Oconee County can the
sheriff charge fees for the commit
e and discharge of prisoners?
answer hat question, No.
| answer, in connection with that
question, that If he has received fees
that have been aid him on approval
of claims by the Board Of County
Commissioners, that the county can
not now eCOvF them if the Board
Of Commissioners acted j~udiciously
in approving the claims, and the only
way to defeat them, where the Board
approves them, is to appeal to the
Circuit Court. THAT is the only re-
dress That is res adjudicata as far
as the fees have been collected; but
] suppose after my ruling that will
not be necessary.
| hold that he is not entitled, un-
der the Oconec County Act, TO any
fee; that his salary is in lieu Of any
fee. Whether or not that is Suff-
cient is another question. | haven't
got anything to do with that. Really,
! don't see how a man can live on a
thousand dollars and keep n horse
and buggy, but that is a matter that
doesn't address itself to me. | am
telling you now about the law as it
is--not what it ought to be.
2. What charges. If any, can the
sheriff make for conveying lunatics
and prisoners beyond his county?
! charge you that under the law
he can only ecover his actual ex-
penses. That, like my answer 10 the
other question, only applies to any
thing in the future. Any claim that
the County Supervisor has approved
and liked, the county ought to have
appealed. If it didn't appeal, both
the county and the Sheriff are bound
by it; just as if they had decided
something against the Sheriff that he
is really entitled to, if he didn't APP
peal he would be bound by it..
). Is it the duty Of the Sheriff to
convey to the chain gang prisoners
sentenced in the Court Of General
Sessions?
No. 1t is his duty to notify the
Supervisor that he has so man pris-
oners for him, and it is the duty of
the Supervisor to send for them. The
Sheriff hasn't got anything 10 do
with taking them to the chain gang
The County Supervisor must do that,
or the County Supervisor could pay
the Sheriff just like he could pay you
or me or anybody else to send after