Perth Amboy evening news., 1921-09-27
SHERIFF AND PROSECUTOR

Mercer county seems to have a different way
OF doing things from the way the same things
are done in Middlesex county. Take the matter
OF law enforcement, for instance. In Mercer
county it seems to be the sheriff who Is the
active official, while here in Middlesex it is al
ways the prosecutor that is looked to, the sheriff
seldom being even thought Of unless there is a
riot or similar disorder.
Mercer county has just been going through a
Sunday movie" fight similar to the fight we had
in this city a few years ago. The theatres In
Trenton decided to defy the law and open for
shows on Sunday. The sheriff of Mercer county
Immediately took steps to close the theatres on
Sunday. When a similar attempt was made here
to open the theatres on Sunday it was the county
prosecutor who was appealed to and he was the
county official who saw that the law was en-
forced. The sheriff did not enter into the matter
at all.
In the recent Trenton fight the theatre pro-
prietors attempted to enjoin the sheriff from
interfering with their operations, They starteo
a suit for an injunction. The appeal was decided
by Chancellor Walker in the Court OF Chahcery
on Friday. In his opinion the chancellor re-
ferred to the sheriff as the "chief police oHlcer
ct the county" declaring that he Is justified py
ard through his deputies in preventing the
violation of the vice and immortality act. There
is no mention made of the county prosecutors
neither is it deemed the prosecutors duty to
1erform this strictly police duty.
In other words, one would infer from Chan
cellor walkers opinion that the sheriff is to the
county what the chief of police is to the CITY,
Carving out this comparison still further, then'
me might also infer that the prosecutor Is to
the county what the city attorney Is to the CITY,
Of course, the county prosecutor has far greater
powers than the city attorney yet as the chiel
police official of the county one would naturaiS
look to the sheriff to see that the laws are en-
forced rather than to the prosecutor JUST as ohe
looks to the chief of police in the city TO see
that the laws are enforced rather than to the
city attorney. Who would ever think OF appeal
ing TO the city attorney when lawlessness is going
on within the city?
II would seem as if the Office Of sheriff IS
about what the occupant chooses to make IL. IL
Il = constitutional office that carries with 1t al
most unlimited powers. The sheriff can make
his mower felt if he should so desire or he may
sink into insignihcance. as far as his duties are
concerned, by merely confirming himself to serv-
ing papers and selling property for debt coming
out into prominence only where there are sucn
disorders as require outside help. AS a matter
of fact. however, there is reason to believe that
IL the law is defed and neither the sheriff nor
prosecutor acted, the courts would hold that the
sheriff is the responsible authority.
1t is significant that when there are oisoroe's
within a county, the governor will not CONSIDER
an appeal for state troops unless the appear
comes through the sheriff of the county. show
ing that the governor recognizes the sheriff as
the highest authority within the county.
OF course, Middlesex has no fault to find with
the work of Prosecutor Stricken. or any other
prosecutor who has held the Office IN recent
times. The prosecutor has always made gooo'
but 1t is a question whether or not some duties
are beiI.; thrust upon him that, in reality, should
belong to the sheriff. The prosecutors once
would seem to be intended more to look after
the legal aspect of county affairs rather than the
strictly police end. That seems to be the attitude
in Mercer county.