Rensselaer Semi-Weekly Republican, Volume 40, Number 3, Rensselaer, Jasper County, 17 September 1907 — Holds Sheriff is Not Also a Constable [ARTICLE]

Holds Sheriff is Not Also a Constable

The law and Order League at Monticello has put sheriff McCully to the trouble of securing legal opinion concerning his duty with references to the, serving of . search warrants under the “blind tiger” and gambling laws. It seems that search warrants were sworn out before a justice of the peace and directed to sheriff McCully for the reason that there is no constable in Union township. The sheriff was called out of bed to serve the papers but refused to do so, claiming that be had no authority to serve papers issued from a Justice’s court. He was severely censured by the law and order people who claimed that he had neglected to perform an official duty. The White county Democrat last week printed lengthy opinions from W. E. Uhl, E. B. Sellers, L. D. Carey, county attorney, A. W. Reynolds and Palmer & Carr in which they* generally agree that the sheriff was right in refusing to serve the search warrants for gambling paraphernalia. Sheriff McCully, as will be seen, got the opinion of both democratic and re publican attorneys. Aside from settling, if it does, the dispute between the sheriff and the league, the opinions are of more than local interest as a point of law is raised that has never been so broadly discussed and shows the necessity of constables if the wheels of justice courts are not to become clogged.—Wolcott Enterprise.