The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1878-01-12
wHAr BECOMES Or FINES /,

The Neodesha ESee Pres informs N
that Zenas Park, Superintendent of Pub.
lie Instruction for Wilson county, haa
caused the arrest of an ex-justice Of the
peace, on . charge Of embezxlement. for
not turning over to the school fund Ger.
tain fines collected from whisky sellers.
This brings to mind . point which may
make considerable music some day.
What becomes Of the fines paid to JUS
tices of the peace, and clerks of courts,
by persons convicted of crime? How
many justices Of the peace snd clerks in
Kansas are guilty of embezzlementi 1t
is time somebody looked up the facts in
every county.
In the article in the State constitution
on Education" il the following section :
SEC. 6. All money which shall be'paid
persons as an equivalent for exemption
from military duty; the clear proceeds
Of estrays, ownership of which shall vest
in the taker-up; and the proceeds of
fines for any breach Of the penal laus, shall
be exclusively applied in the several
counties in which the money is paid or
fines collected, to the support of common
schools. "-Gen. Stat. 1865, o. 81.
Persons are convicted of violating the
penal laws every day, and are fined
therefor, before justices of the peace and
in the district courts Many of them
pay their fines. Persons found guilty of
assault, assault and battery, petit larce-
ny, malicious mischief, and score of the
lesser crimes, are usually punished by
fine. The county treasurers, in their
statements of moneys received" into
the treasury, seldom mention the receipt
of fines. What becomes of the fines paid
to justices of the peace all over the State
In order that the facts may be inquired
into, we call attention to the following
sections of the procedure act in crimi.
nal cases before justices of the peace:
''SEC. %. Whenever conviction shall
be had before justice of the peace un.
der this act, he shall make a certificate
of such conviction under his hand, in
which it shall be sufficient briefly to state
the offence charged and the conviction
and Judgment thereon, and, if any fine
has been collected, the amount and date
thereof. Such certificate shall be filed by
the n'agistrate ,oitAip t,oenty days after such
conviction in the office Of the county clerk of
the county in which such CONVICTION is
had.
Sec. 26. All fines imposed by any JUS
tice of the peace under the provisions of
this act, if paid before the defendant is
committed, shall be received by such
justice but if paid after the defendant
be committed, shall be received by the
sheriff; and any fustice Of the peace or
sheriff shall ,Oithin thirty days after the re-
ceipt of any such fine pay tie same ouer to
the county treasurer, and take duplicate
receipts therefor, one of which he shall
file with the county clerk. Gen. Stat
1868, PIP. 1888, 1874.
Will the county clerks tell US how
many Certificates of conviction" are
filed in their Offices by justices of the
peace3 Will county superintendents
look into the matter? Let them inves-
tigate. But perhaps justices are not
afraid of the penalty prescribed for their
neglect. Here it is:
Sec. %. Any justice of the peace who
shall fail to file the certificate required
to be filed by the 18th section of this
act, and any justice or sheriff who shall
fail to pay over to the county treasurer
any fines received by them a. required
by the twenty sixth section Of this act.
shall be deemed guilty of Il misdemeanor
and upon conviction be published by
fine not less than ten nor more than five
hundred dollars Gen Stat. p. 8S4.
One other question: We have heard it
said that justices of the peace IN cities
pay the fines imposed by them into the
city treasury, where they are appropriated
and used for city purposes. Is this true ?
and if it is. by what authority is it done.
Educational Calendar.