The weekly Placer herald., 1854-05-13
For the Placer Herald.
"Oh! righteous Judge,
A Daniel come to Judgment.
consistency, thou art a jewel"

a"
The following extract from the charge
of H. Fitzsimmons, County Judge, to the
Grand Jury at the opening of the present
term of the Court of Sessions, IS taken
from the Placer Democrat, of the l0th
inst:
"Before the close of the charge the Judge
stated that he deemed it his duty to call the
attention of the Grand Jury to a SUBJECT that
had occupied the attention OF the Court at lts
last rqrm The presentation of merchants IN
the county for vending goods and liquors
without a license. That upon complaint OF
the District Attorney, Justice of the feace
had issued warrants upon which many VINO
had licenses as well as many who had not, at
the time of trading. were arrested-that the
county had been rendered liable for about
the sum Of So ,000--whereas, the full benefit
accruing from fines, &c. was about $4O0-
that two of the members of the Court had
entered their protest to the charges upon the
record and requested of the Grand jury
careful inquiry into the matter.
When the Hon. Judge had concluded
his charge, an explanation of the matter
was made to the Grand Jury; at the in
stance of one of the Associate Justices
WHY the explanation is suppressed IN the
published charge am at a loss to know!
In the foregoing extract the impression
is conveyed (evidently with deslgn)
that some one, or all of the officers en-
gagged in the proceedings alluded to, had
been guilty of some malfeasance IN office
or derelction of duty, of such nature as
to demand the attention of the Grand Jury
at the present term. To prevent any
misapprehenson, therefore, | desire to
give the following statement of facts, all
of which were within the knowledge OF
the Hon. Judge:
At the October Term of the Court of
Sessions, 1858, the Grand Jury presented
the names of one hundred and fifty citi-
zens of this county, as delinquent traders
or traders doing business without IL
cense. The District Attorney wishing to
save expense, as well to the county as to
those who were delinquent, notified a
majority OF them that their licenses had
expired, but instituted no proceedings
against them. At the December Term
the attention of the Grand Jury was again
called to the subject Of delnquents, and
that body then made general present
misunderstanding the Treasurer to fur
nish list of the delnquents, and strongly
to discharge their duty in this respect
This presentment has since, by some un-
accountable means, been lost and was not
forthcoming when demanded by the Dis
trict Attorney at the February term
However in obedience to the directions
therein contained, the Treasurer furnished
the District Attorney, the names OF ninety
five persons, appearing upon his books as
delinquents, Withholding the names of such
as he knew had ceased doing business IN the
county. The District Attorney thereupon
in compliance with the directions of the
Grand Jury contained in their present
rnent, made the necessary affidavit before
Fl. r. Hawkins, Justice of the Peace,
based upon the list furnished to him by
the Treasurer. On the 2lst of January
the Justice issued warrants against ninety
five persons, majority of whom were
not found by the officer, as will be seen
by his returns. Others it appeared had
discontinued business, of which fact, the
Treasurer had no means of information,
and out of the whole number there were
but bare two, whose licenses had appa-
rentIy not expired.
In reality, however, the Licenses of the
tNO f)dI licS last IiIcDtiODCu, HdN Ca IJiICh
at the time-as appears from the entries
correctly made on the Treasures books.
The error occurred in dating the certifi-
Gates of license from the time of their
issuance by the Treasurer, and not from
the date of the expiration of the old H.
cense, the parties having failed to apply
for licenses until some time after their old
ones had run out.
The accounts Of the Justice and Con-
stable for their services were afterwards
presented in due form and allowed by the
Court of Sessons-as strictly legal char
ges against the county, the Hon. Judge
Fitzslmmons, at the same time, entering
his solemn protest against the same. His
reasons, for thus protesting he did not see
fit to assign, and | am at a loss even to
onjecture, what possible motive he could
have had for so doing, unless it may have
been for buncombe, or perhaps to leave
behind him another monument of his un-
ceasing watchfuness over the interests of
Placer county.
But these proceedings cost the county
the enormous sum of $4,000. There GER
tainly is something rotten in Denmark,
and the Grand Jury should inquire into it.
But to whom must blame attach? Did
the constable transcend his powers when
he served the warrants? He was COM
manded so to do by the magistrate; his
oath and the law made it his duty to obey