New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-22
SHERIFF AIDS PLAN
TO ABOLISH FEES
His Counsel Draws Up Bill
Providing $4,000 Salary
Increase Instead.
IMPRISONMENT
FOR DEBT MAY GO
Bill Suggesting Revision OF
Code Is To Be Submitted
TO Legislature.

Important changes in the laws COW
ering the duties Of the Sherlf, ms COM
pensation and responsibilities and GER
tain provisions of the code with "hicn
the Sheriff has TO do are recommended
in a report just finished by Abraham ;.
Gilbert, counsel TO Sheriff Grifenhagen.
The recommendations are included IN
a bill which Mr.. Gilbert will submit 10
the Legislature.
After investigation by Mr.. Gilbert
aided by Francis A. ONeill, assistant
counsel to the Sheriff, he has recon-
mended that imprisonment for debt be
wiped from the statute books, that the
Sheriff be paid q salary Of sl5'OOO
year instead Of $4,000 as at present,
but without the fees as now Corrected
by the Sheriff. That in the counties or
New York City the Sheriffs be relieved
of responsibility for criminal prisoners
and that the code provisions providing
for the examination Of judgment debt
ors supplementary examinations as
TO their property should be slmpiihed'
On the evil of imprisonment for dent
Mr.. Gilbert saws: ain spite OF the ef-
forts made for many years, there still
remain cases in which persons may be
Imprisoned for debt, and in most cases
of commitments for civil contempts the
contempt consists in failing to pay
money, usually as alimony."
On this point the Sherif's counsel
quotes Judge Vann, OF the Court OF
Appeals: Imprisonment for debt dies
hard. Barbarous, cruel and senseless,
II puts its victim in Jail in order TO
make him do something which IN most
instances the imprisonment itself pre-
vents him from doing. II Is the law
full use of torture and differs only in
the degree Of the suffering caused by
the thumbscrew, the rack and the
boot"
Mr.. Gilbert points out that the use
OF the order Of arrest, on which per
sons are sent to Jail, Is much abused,
and while a man might serve SIX
months in jail for not paying a judg-
ment, he is prevented from earning
money 10 pay, and at the end OF his
term he still is liable for the amount
Of the judgment. ,,
~ appreciate" says Mr.. Gilbert,
chat the time may not yet have ar
rived TO abolish imprisonment for
debt; il has been suggested many
times. but ! think that the question is
so serious and of such importance that
as Sheriff of this county you ought TO
bring the matter TO the attention or
the public"
Showing the paradoxical situation Of
the law with regard to declaring man
guilty of contempt of court for not
paving alimony, Mr.. Gilbert says that
for this civil contempt man may be
kent in iail long as six months. On
the other hand, if the non-payment IS
shown 10 be wilful and not the result
of inability, in which case criminal
contempt might be charged, a man can
be imprisoned for not more than thirty
days or be fined $3.50, or both. So, as
the law STANDS, il is cheaper for man
wilfully to defy the court than 1t is for
him merely to be unable to carry out
its order.
AS to the duty of the Sheriff in trans
ferring criminal prisoners TO courts
and back to prison, it is recommended
that this work be done by the police
man in charge of case. The trans
ferring of prisoners TO state prisons,
Mr.. Gilbert says, should be done by the
Police Department or the state prison
authorities.
Regarding the practice OF accepting
bail bonds for persons arrested by the
Sheriff's Office, Mr.. Gilbert suggests
that this responsibility should be taken
from the Sheriff. He suggests that
bonds be presented directly to the
courts, which would not place any ad-
ditional work on the courts, which have
to pass on the bail bonds anyway.
Mr.. Gilbert is strongly opposed to
the appointment of special deputy
sheriffs. He said:
1.-THE Police Department has proved
itself strong enough to cope with any
situation which may arise, and If per
chance situation shall arise where
the Police Department is unable to cope
with it it is absurd to suppose that
special deputy sheriffs, with no train
ing, could handle it. II that should
happen, the Sheriff will find II abso-
lutely necessary to call out the national
guard"
MIR. Gilbert recommends a change OF
the provision Of the code which forbids
levy being made on stock certificates
under an execution. Now the Sheriff Is
restrained by the law from levying on
stock certificates, which frequently
causes a great loss 10 judgment credi-
tors. At present the Sheriff can only
serve a notice Of attachment on an Of
ficer of corporation In which judg-
ment debtor has certificates, but he
cannot take the stock into his posses
sion, which Mr.. Gilbert thinks should
be made possible. The law now also