Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1865-08-15

peaied by the Constitution, and under thu
attcr the District Court would. in any
opihion, not only have the power. but il
"ouid be It's duty to try the question of fac,
n'oiVed Jury, but the punishment, il
" imprisonment, even il this i,e allowable
=. ~, could not under Section Eleven Of the
oii "Irights, exceed thirty days in the coun-
" Jan Section 4isl OF the revision is re-
pcaied ny the Constitution wholly, or at
least 10 This extent.
ihe above view is, think. the correct
one but il it is not. then if Section 4lSl
shnu, the District Court might order the
| papers, certainly where an indictable oifensc
= charged, TO be laid before the Grand Jury
What The Constitution secures TO the cit-
zen Ov Section 10 OF the Bill of Rights is
atran by an impartial Jury" Preliminary
inquiries are not within the Constitutional
provision In preliminary examinations to
oinu over accused persons TO Court to an
swer ipr alleged oflenses, in proceedings 70
compel persons to furnish security 70 keep
The peace, the liberty Of the party il in a
sense involved, but he is not upon his "tri-
the magistrate does not except prelimi-
nariiy and in no sense finally, pass upon
'ne gnl't of the party, but merely examines,
anu u nc sees cause requires bond that the
party VIII appear at court or keep the peace
~ other words, section ~ Of the Bill Of
tiSnts relcrs not To examinations OF this
hinu, but 10 criminal trials or other cases
i"r crimes or acts to which penalties are an
neAed, The enforcement OF which necessar-
y ana by way OF punishment involves the
NE OF liberty Of the accused
Nagrancy as we have shown, il not Wis
lted IN The first instance with any such pun
i,ilineht by the magistrate. lie cannot pun
lsll at all. II on her examination he finds
the TACT OF vagrancy, he can simply and only
requires bond and surety for good behavior.
He cannot tine. He cannot imprison. Ii
The bond is given, the party is never dcpri-
veg 81 his liberty, and by the magistrate can
not ~ not given, he is committed not as
| q p"n'sio.at for yagrancy, but because he
has not furnished the required security-a
security deemed by the law TO be necessary
TO protect society, just as a party is commit
ted who has been required to keep the peace
towards another, or been bound over to
court and fails to give hail or Just as an
important witness on u state case IS commit
ted who fails to give security that lie will
appear at Court (llev Sec. 46O4)
Such cases are not trials in which the
party is, by constitutional right, entitled Ia
Jury The trial" comes in the Court To
which the proceedings Of the magistrate are
returned II that Court has the power
| when given state Of facts is found To dc
prive the party OF his life or his liberty, that
party has the constitutional right to a nr,
trial. And that kind of trial the petitioner
| in this case will be entitled toand can have in
| the District Court And she would on such
trial be entitled to all the rights given hy
Section 10 Of The Bill Of Rights includil !
The right 70 be confronted with the witness, !
against her. and this section Of the bill oi
rights would, should think, superccde "a
| much ot Section 4,4s9 as makes the record
OF the magistrate presumptive evidence OF
guilt
Authorities consulted and Examined Er
p"Tt Grtcc, II Iowa 2Us, distinyuisi si,able
from and not directly applicable to the pres
ent case: Sedgwick on ST. and Const. law
546- limerick ~. Harris Binn. 4l0 fol
lowed in Btiiie ~. Com. 13 Serg. Il X. 4O5.
40; heidte es Moore Z Murph (N. C.) Al.
40: Work cs. 1hcsiatc, 2 Ohio st. kep. 996,
No'tsr IS Parmer, 8 Ycrg Al beers rs.
Beers, I Conn 5i5; Dg1y gs Ms People. i
Ill n 115; Rysrs q Commonwealth q
W,..o 'en doses sr,; si"nghtsr y. ne Pnl,c,
II ID D. defining "Criminal
oilS Price Il per box Six boxesf17 Texas
All Address J. WINCHESTER CO., No. jug
l ovI ST, n. !. iuix x2o-dku1v