The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1877-08-23

the accident has been sent from thcf"- ana d
snot likely none will DC sent.
Attorneys Convention.
ON "Wednesday morning, pursuant 10 pre-
yiouS arrangements, the attorneys Of the var
iouS counties in the state, met in convention
at Topeka. The aSScmblage was called to or
der by Attorney General Willard Davis, and
Hoo. :. :. Brinkerhoif, of Bourbon county
was chosen chairman. Judge e. T.. Berry, oi
Brown county, was elected Nice-President
Hon. III. C. Eizer, OF Greenwood county, Sec
rotary, and Capt. &. q. West, assistant. Oh
motion, the Attorney-General was enrolled
rs one of the members. Letters of apology
from r y. Sedgwick, ofEmporia, James Ket
ner, of Junction City, Hon. James McDer
mott, of Cowley county, and Il. +. Simpson
ofPaola, were read, eNcusing the writers fol
uOn-atiendance.
The following committees were then ap
pointed by the chair:
Committee on assessment and taxation
John I. NoSS. J. g. Lindsay, John Foster, >
:. Brinkerhotf, Willard Davis. W. II. Bray.
man, ii. &. RiZrr,, {. Reed, j. W. Taylor, d. G.
NcIlis, John Reed.
Committee on criminal procedure and costs
in criminal actions-John Foster, W. Il. Bray
man, Case Broderick, j. L. Noss, {. Reed.
Committee on school laws-J. 4. McIienry
II. c. Rizer, Chas. FERN, il + Lloyd.
Committee on roads ami bridges-C. Ange'
vine, ]. L. Hindraan, {. Il. Berry, u. [. Neliis
John Foster
Committee on fees and SaIaries-W. Il. Bray.
man, III. G. Rizer, J. l.. Hiudman, I. j. Ford
ing.
Committee on miscellaneous subjccts-W
\. DooIittle, c. Angevinc, c. +. Berry, L. j
Fording.
Committee on powers and duty of county
oflicers-CaISc Brodericc, 7. j. FOrdlng, J. +
Lloyd, ]. 4. McHcnry, e. Angeyine, J. T.
Hindman, &. Reed, Chls- FERN, John Reed.
The attorney general offered the follow
ing:
..ResoIred, That the committee on assess
ment and taxation take into special con-
Sideration and declare the proper legal con-
Struction of chapter -, laws of 1871. entitled
delinquent taxes on real estate, ANA prepare
a form which may be used by county attor-
ncyS in enforcing said act"
ON motion of Hon. j. g. Lindsay, Hon
John Foster and the attorney general Were
appointed as a committee 10 wait on the
state officers, the judges of the supreme court
and members of the commission OF lewiston
and invite them before the convention IL
make such suggestions AS they deemed OF i'll
tcreSt. This duty was performed by the
committee. \ large number of questions
were submitted and referred to the proper
Hon. John Francis, state treasurer. during
the day submitted several questions 10 the
convention.
Judge Z. Berry Of Brown county, submitto.
the following question:
Does the exemption law apply 10 fines and
penalties in favor OF the state of Kansas:
And in support ofthe same, he spoke al
some length. In view of the Importance o
the question, il was postponed To the second
day of the next meeting, and made special
order for that day.
Hon. ]. q. Lindsey offered the following
which was adopted:
..Iesolred, That a committee of three be APP.
pointed by the chair, to whom shall be refer.
red the whole matter of printing the pro.
ceedings of this meeting as well rs that held
in June last
The chair appointed as said committee. the
Attorney General, j. g. Lindsay and W. IL
Brayman.
Tie committee on school laws reported as
follows on the questions submitted TO them.
question: Have the people of a school
district nj the annual meeting the right TO APP
propriatc money raised for building purposes
10 the payment of a Judgment against The
district"
No. The district has nothing TO do with it.
Neither can the board so apply the fund, I'M
less the judgment il for the same purpose.
''Can The clerk and director of school dis
tricJ call a meeting OF the district tDr the
transaction of district business without first
notifying the treasurer of the meeting ri
which they determined 10 make the call OF
the district meeiing:"
To which the committee and convention
answer no.
HAS a school board the right to employ
teachers before the annual meeting in Au-
gust. such teacher To teach after said meet
ing? See section ii, page 10, pamphlet edi-
ton OF schoo laws published in 81"
Answer.-No. See section l., page IL ,sclooi
laws of lS1..
added To the committee on school law.
Your committee on criminal procedure
and costs in criminal action respectfully re-
port as follows upon the question submitted
10 them:
"Qucstion.-If n person guilty Of felony
in this state escapes to the Indian territory,
where he cannot be obtained on a reqnisi-
ton, and the sheriff of some county in this
state pursues and arrest him by virtue of a
warrant issued in said county, is the county
liable for his mileage in the territory, and If
not what fees, il any should he receiver
Answer-The sheriff. having no authority To
make the arrest outside of the state, cannot
legally charge for services done outside of the
state. He Will be entitled to his mileage act
uaIly travelled within the state.
Is Il habeas CORPUS proceeding civil or a
criminal proceeding?
Answer-Habeas corpus is a civil procedure.
See code,
s.When the county attorney makes the CON-
plant IN a case Of misdemeanor before jus
tice Of the peace is he liable for the same costs
as other prosecuting witnesses"
Answcr-lf the county attorney becomes
prosecuting witness, he does il rs an individ-
ual, and as such would be liable.
Hon. ". Darts, Topeka, EdnSds:
MY DEAR SIR: Do me the personal favor TO
answer the following questions
.sSay the State of Kansas is plaintiff and
A & Il are defendants, charged with felony.
Examination and trial are had defendants
are acquitted, and costs taxed To the state. Is
she liable! II not should the defendants be
made to pay the costs Of witnesses subpenaed
by themr e.
An answer TO the above Questions will
THoNAs E. JOKES,
Cottonwood Falls, Kansas.
Answer-The state should not be taxed with
an pav ~. same
taxed BY the clerk. The state is not liable.
ain an action to prevent the commission OF
an ofiense, under article 2, chapter s, general
over, and the County Attorney noiies the case
in the District court, who should pay the
costs, and in case of a trial and discharge OF
the defendant, who is liable for the costs:-
Answer.-The county is not liable in either
case; neither is the prosecuting witness.
Question.-''Doest the law require the testi-
to keep the peace" had before Justices
court, TO be reduced TO writing:"
Answer-No.
The committee on roads and bridges beg
leave to report as follows upon the subjects
submitted TO them.
ain case a bridge is to be built which is TO
to appropriate 90. can the aeiinousut Fosd
tax collected, belonging to the township In
which said bridge Is to be built, be used BY
said township In completing said bridge:"
aWhere the cost of bridge exceeds 81, 600.
but the excess Is raised by private or other
means can the county commissioners appro-
pirate 81. 900 TO complete the bridge -
Answer-HeS.
The COMMITTEES on miscellaneous subjects
respectfully report as follows:
.sQueStiOn-SOme trustees failed TO furnish
lin ume} list Of jury names. Can legal jury
be drawn from the list furnisned:-
Answer-Yes.
"Are members of a company of militia. or
ganized and sworn in under the laws of the
state, liable 10 work poll tax il warned out -
Answer-Yes
"Can a county enforce the collection of
ions OF the statutes Of lSs5, paaas q md "a
sections and II inclusive -
Answer-YeA
Adjourned tilI7 O'Clock the following NOM
ing.
Z,