The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-04-15

pniasnesa ON the ,art of the aldermen, the mise
rable creatures who have been thrown into jail
at their command remain there without the
knowledge of the District Attorney, and, there
fore without any action by the Grand Jury in
their cases. The searching examination to which
several of the aldermen were subjected by Judge
Brewster yesterday developed the fact that this
abuse has become one of almost startling proper
tions In one case it appeared that man had
been committed on the third of March
and that no return was made until the 14th of
April. BY this outrageous neglect the unfortu-
nate prisoner was kept in Jail just six weeks
before his case could possibly be brought to the
attention of the Grand jury When we eremem-
Der that very large proportion of the cases re-
turned by the aldermen are thrown out by the
Grand Jury because the charges are Of too trivial
q character to warrant their being sent into court
for trial, because the evidence presented is
totally inadequate 10 establish even n prina
Jdcie case, the downright iniquity of such pro-
ceeding as this will strike every reader in the
mOst palpabc way
Judge Brewster informed the aldermen that it
was their plain duty under the law to make a
return of every case "before the ink is dry on
the commitment" There can be no doubt that
snch of the official delinquents was quite as
well aware of this fact as the Judge himself.
the neglect TO perform their duty showed that
their carelessness was of that degree which the
law pronounces criminal While they denied
any intention of expressing the prisoners, they
could present no more reasonable excuses
than sickness forgetfulness, or the fact that
efforts were being made to settle the cases in
question without carrying them into court.
These excuses are all mere frivolities when the
question of mans liberty is involved, espe-
cally when that man is quite as likely to be
innocent guilty, and when the law adjudges
him TO be innocent until he is proven guilty.
Judge Brewster set forth the extent of the
offense which the derelict aldermen had com
mitted by informing them that they had sub
jected themselves to Indictment and were liable
TO be turned out OF their offices. While we con-
cur with the Judge in expressing the hope that
this public announcement of their iniquities
may induce them to avoid repetition of them
in the future, by the exercise of more prompt
ness and earefulness, we are unable to agree
with his intimation that prevention of possible
evils in the future will satisfy the demands of JUS
tice. About score of cases were cited yesterday
In which the neglect to make an immediate re-
turn had subjected as many persons to an inn
prisonment ranging between two and six
weeks, In direct violation of both the letter and
spirit OF the Law. Are these men TO have no
remedy for the wrong which they have suffered
at the hands of persons who have been elected
by the people to execute the laws, and who have
taken solemn oath to discharge the duties of
their office with all due faiGhfulness? If such is
to be the case, the sooner our courts Of justice
are done away with the better. 1t is the plain
duty of the District Attorney to proceed against
the delinquent aldermen without fear or favor,
to secure their Indictment, and to push them to
the wall, without any show of the element of
mercy in which they have been found SO de-
hcent
In addition TO the neglect to make their re-
turns at the proper time, some of the delinquent
officials confessed before Judge Brewster that
they had been guilty of another offense against
the Aws-that of discharging persons committed
by them after the return day. This evil likewise
needs remedyng, but as it is the maxim of the
law that ten guilty men should escape punish
ment rather than one innocent man suffer it,
this Latter offense Is of comparatively trifng
Importance. We trust that District Attorney
Sheppard will look into the whole subject and
make a bold strike for justice. He will GER
tanly In so doing, receive the cordial support of
the community, and, we doubt not, of the courts
well