The Placer herald., 1856-11-22
AUBURN, NOVEMBER %, 1856.
Township Officers.

the removal Of so great an evil. This object
appeals to the patriotism and good faith of
every citizen; and we have faith to believe,
that if we can point ont one of the sources
of unnecessary extravaganza in the use of
the public funds, that the remedy will be
applied. At present we propose to show
that township officers by more careful pro-
ceedng in criminal matters, and iudicious
compliance with the statutes of the State,
will do much towards the proposed ends, and
at the same time satisfy public justice.
Very few OF the Justices of the Peace have
heretofore complied with the requirements
of the law before arresting parties for crimi-
nal offences, and by the time sufficient facts
have been developed to show either that an
offence has not been committed, or that the
wrong person las been taken into custody,
a large bill of justices, constables, jailors,
Jurors and witness costs have been made,
and the county must pay the BILL There
are cases where it may not be practicable to
examine minutely into the facts, before is
suing the warrant of arrest, but these are
rare instances, and little attention in the
ontset will soon either discharge the party,
or give over to justice d real criminal.
The law requires that when a complaint
is laid before a magistrate of the commission
of public offence, trable within the county.
lie must eramine on oath the complainant or
prosecutor, and any witpesS he may produce
and take their depositjons in aoriting, and
cause them to be subscribed to By the par
ties making them" See compiled laws of
California, page 436, sec. l04.
The next section requires that "the deposi
ton set forth the facts stated by the pro
secutor and his witnesses, tending to estab-
lish the commission Of the offence and the
guilt of the DEFENDANT
No opinions or heresay testimony will do.
the facts must be there stated, and it is the
duty of the Justice to be satisfied from those
dispositions, that the offence complained Of
has been committed, and that there is reason
able ground to believe that the defendant
committed it. before he can issue the war
rant. Sec LOG.
These provisions are not only pecuniarily
correct as regards the county, but do but
simple Justice to the citizen before criminal
charge can be preferred against him. Now
unless the magistrate takes this course he is
not entitled to any fees, and generally speak
ing. the Board of Supervisors should refuse
to audit his bills.
When the causes are within the iursdc
ton of the Court for the purpose of trial, sec.
COS of the same act, requires to be commenced
by complaint setting forth the offence charged
aoitA such particulars of time, place, person
and property. as to enable the defendant to
understand distinctly the character Of the
offence complained of, and to dnswer the
complaint" Not only this, but the following
section requires, the examination OF the com
plainant and any witnesses he may bring and
that their dispositions be taken as in the IN
stance given when the party is complained
Of for offences not triable. After all this Is
laid before the justice ifit is sufficient to salts
fv the mind of reasonable man, that the
offence has been committed and that the
party accused is probably guilty; he may
then issue the warrant. These provisions
are proper, and eminently just, before a man
should be placed upon trial, or deprived OF
his liberty.
We are satisfied from our observation that
a eomnliance in most cases, with these whole
scme rules, would conduce to public salts
faction. Officers must set themselves above
the passions and petty spites of men acting
under excited feelings, and not permit their
powers to be used for other than the pubhc
good-not become an engine for the gratln-
cation of private revenge.
If Justices Of the Peace will do their duty
honestly and inteligently, and the attorney
for the people, use the good sense and dis
cretion which he would ordinarily use for an
individual who was his client, we should have
a much more economical administration OF
laws. and make saving of ten thousand
dollars a year of the peoples money
We make these remarks without intending
TO cast censure upon the shoulders of any
particular person, we believe mistaken
policy has heretofore governed IN these mat
ters. and intend our remarks tor the newly
elected township officers. j.,
They are now about entering upon their
duties. most of them are Democrats, and we
feel an abiding interest in seeing them stand
CORRECTLY before the public; for this reason we
taka the liberty to comment upon their
duties in this particular.