The interior journal. [volume] (Stanford, Ky.) 1872-1881, 1874-07-03


has the right 10 receive deposit Of mon.
ey IN lieu Of hal. This claim. We rrc.
,upe, /. ba,cl upon the amendment Il
February, 1896. to the 6lst section Of
the Criminal Code. The Gl,t section
avs the defendant "may he admitted to
hail hy the committing magistrate or
county Judge on by the Circuit Court or
the Judge thereof" and the amendment
above referred to cnacts. in substance,
that "bail may be taken by the clerk in
the absence of the Judge But neither
the Gl.t section nor the amendment con.
fer upon any Of these officers the right
to receive aud hold money deposited IN
lieu Of bail.
Has any one ever heard of a Jadgc OF
a Circuit Court who held that be had the
right tn receive aud hold money deposited
IN lieu Of bail? Certainly not, he
cause the Criminal Code has established
and maintained throughout a clearly de.
fined distinction between the terms
" bill > and "depusit Of money in lieu of
hail" Bail is the person vho becomes
a surety for the appearance of the de-
icudaut in court. Deposit Of money
IN lieu Of bail is the term used in the
Code aud define itself IL any one had
a Goubt as to the distinction the sjth
section Of the Criminal Code shows that
the terms are different, for II says, "Af
ter bail has been taken, n drpost may in
like manner lie made, (as provided by
section So, of the sum mentioned in the
bail bond. .ctici shall cioncruic the bail. -
Aud the next section 1867 provides that
where money is deposited, the trustee
Of he jury fupd sloll hid aid peg The
sumo according to The ordc of Tie cou,t, "
etc.
1t will thus he seen that when "bail
is To be taken. it must be taken, accord.
ing to the circumstances, by the mgis-
trate, county Judge, the court or judge
or the clerk IN the abrouce of the Judge.
But when money is to e "d,po.ited in
lieu of bail " tie trustee of the jury tard
shall hold it and be liable for it ON his
official bond. and if by any means the
clerk receives and holds it, the suretie,
ia the clerks official bond are not liable
for it, because he had no right to receive
il.
Now, We do not charge that any Of
these acts evidence any dishonesty Oh
the part of Mr.. Miller, bccau.e a wrong.
til intention mus, combine with wrong.
iul act t. make the dishonesty, and he
may not have known that hi, acts were
wrongful. lie may have th0Gs.., h.
had the right To do these things. But
We dosay tn 1t person who viii make such
mistakes, after six years m So responsible
an office, shows himself to he 50 inrum-
petent a- To render him wholly unfit for
the office. and by rejoicing him the
party would lndorse his incompeteucy
and short comings and lay itself liable to
some of the same charges that our pres
aud leaiers have - effectively hurled 1T
our Poiiiieal opponents
For these and other reasons affecting
his qualifications We believe that Mr.
Miller falls 80 far short Of the true Dem
ncralic test that all good Democrats
should exert their influence To supplant
him with a Young mana Dewocrat-
who is vouchel for by all Of his neigh
bors rs sober, ailable, honest, diligeut,
faithful and competent.
J. W. ALCDSN,
7. J. ATKINS.
INp n ptGkENsON,
JOHN BRI,Ilr,
joins 4. tOurER.
= g. ". ROtHETr.
7 " BLAtA Roy,
And t.art tfhpr.