Year: 1859

it might go through with that rapidity and eclat
Justly belonging to an act passed in defiance OF
the well known wishes and protest of the tax
payers of the county, and ia obedience to the
prayer of the interested few, and for the behoet
and benefit of Ex-Sheriff Dreibelbi., Sheriff
Stockton, and succeeding Sheriffs. We allude
to the act for the payment of the service of
keeping the County Jail, (Which the law hereto
fore made it the duty of the Sheriff to keep
without pay) and for legalizing certain illegal
scrip already issued to Ex-Sheriff Dreibelbis for
such service


1t is seldom that Legislators will do such an
act of friendship mot justice) for few persons,
at the expense, and in opposition to the wishes,
of the great body of their constituents


Ex-Sherih Dreibelbis has already received
the benefit of much of this illegal scrip, which
has been redeemed by the County Treasury
When he charged for keeping the County Jail,
he knew that the charge was illegal that he had
no right to charge or receive pay for such SER
vice. He knew that by SO doing he rendered
himself liable to be indicted and fined. Section
81 of the Fee Bill, page 453 Woods Digest says ::


"No other fees shall be charged than those
specially set for tn herein, shall any fees be
charged for any other services than those men,
toned in this Actn


Sections 50 and SO of the same act on the
following page, declare that if any officer shall
violate said fifty-frst section, or shall take
more, or other fees than are herein allowed. he
shall be liable to Indictment, and on conviction
shall be removed from office, and shall pay such
fine and suffer such Imprisonment as the jury
trying the case may infict," &c. Yet, in the face
of this plain law, he charged and received a
fee of between five and seven dollars per day in
scrip for keeping the County Jail-and because
some of this scrip, yet on his hands, has come
to be publicly known to be worthless, and not
binding against the county, our legislators are
good enough to open up a way for the Board of
Supervisors (Mr. Dreibelbis being a member
thereby to make it binding upon the county
But, it is said, it is an equitable claim against
the county? How? Why, he may be fined and
imprisoned now for charging and receiving that
illegal fee. How then can it be said that the





against the county =? If it was criminal to charge
and receive fees for keeping the County Jail,
equity demands that Mr. Dreibelbs shall pay
back to the county the value of all that illegal
scrip issued in payment for such fees, and which
illegal scrip has been hquidated by the County
Treasury. He has drawn certain monies from
the county which the Supreme Court has said
he was not entitled to, and for doing which the
law says he may be fined and Imprisoned. Why
then does he not pay it back If in settling an
account with Mr.. Garter, or Mr.. Street, he had
received hundred dollars more than he was
entitled to, would he not refund them that
amount SO soon as he ascertained the fact p
Why not act in the same way toward the coun-
ty? Instead of rGfundng this money illegally
drawn from the Treasury, however, the Board
of Supervisors is empowered, and we suppose
will be asked to assist him in putting his hand
in the Treasury and drawing therefrom some
two or three thousand dollars more Will the
| Board do it? That is the question. Will they
assist an ex-oficer to draw several thousand dol
lars from the treasury for services rendered un-
| der law which declared that it was his duty
to perform such services without pay? Nous
rerrons.


The other section provides that the Board may
hereafter allow the Sheriff FIVE dollars per day
for keeping the County Jail, for such time as
there is prisoner therein. The Board are we'll
aware of the fact that the Sheriff7s Office is at
present worth six or eight thousand dollars per
year clear of all expenses. If that is not suffi-
cient pay for the immense talent requisite for
the performance of the duties of Sheriff, we pre-
sumo they will increase his emoluments In the
language of Governor Weller, d" otherwise, other
WISE So we should naturally suppose But
we repeat, nous rerrons.