Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1879-02-06
Concurrent Jurisdiction.

Concurrent Jurisdiction.
At the last session of the present GEN
.eral Assembly a bill was passed and be-
Games law, giving to the Probate Court
concurrent Jurisdiction with the Common /
Pleas Court Of all misdemeanors in the /
following counties: Cuyahoga, Lake, Luz
cas-, Montgomery, Erie, Richland, scioto,
Ottowa, Williams. Allen, Wood, San
dpsky, VanWert, Darke, Wyandot, Co
shocton, Defiance. Portage, Clermont,
Carroll, Gallia, Hooking, Brown, Lorain,
CoIumbiana, Madison, Clinton, shelby,
oea1ga, Mahoning, Jefferson and Nun
: roe-32.
!" In addition to these we notice, that
other counties are applying to the Legis-
lature this winter, to have the provisions
? Of this law extended to their countless
Of course, there has not been sufficient
time since the passage of the bill TO fully
test its benefits, or otherwise.
The second section of the law provides
chat In no prosecutions for crimes, ,ofenses
and u1isdemeanors, of which the Probate
Court shall have cognizance, shall an in
dtctment by grand jury be required, but
in all criminal cases brought before said
Court the Prosecuting Attorney shall i'm
mediately file with said Probate Court an
information setting forth briefly, but dis
finetly, in plain and ordinary language,
the charges against the accused person,
and on which charges such person shall
be tried. The Prosecuting Attorney may
nte his information originally in the Pro-
bate Court, without preliminary hear
ing before an examining court, upon the
proper affidavits being filed therein, and
the judge shall issue his warrant tor the
.oarFest of the defendant. The defendant
may, if he chooses, demand trial byjury,
the same as in Common Pleas Court, be
Il fore or during the term. of said Probate
Court, as the Court may order. RecOg-
nances which may be taken by Justices
of, the Peace, or other officers authorized
to take the same, may be returned to
either the Probate Court or the Court of
Common Pleas.
e, The Court is to hold monthly terms, to
commence on the first Monday of each
month; but the County Commissioners
may fx the terms at longer intervals
The Probate Judges of said Probate
Courts shall be paid for their services, il
criminal cases, such sums as the County
~ County Treasury; but the Judges are no
to receive any compensation, by way o
fees, In any criminal business, but al
costs and fines are to be paid into th'
County Treasury.
We do not know what the wishes thu
people of this county are In reference e
having. the provisions Of this law extend
ed to our county, but it seems to us, tina
great number of the misdemeanors ant
minor criminal offcnses might be NOR,
readily disposed of, and at less expense
under the provisions of this law, thar
s they are by the circuitous, pr0tracted anC
uncertain roundabout way of granC
jury, to the Court of Common Pleas w,
never could see why there was not som,
more brief, certain and less expensiv,
means adopted In our judicial system b.
which all the minor offenses could b
reached and disposed of. If, under ou
present system, person is charged witt
a minor offense "a very small one) he ma
be brought before one of our Justices Q
the Peace, or our Mayor, and an exami
nation of his case had, and, If sufficien
evidence is found against him to satisf
the oncer that he is guilty, he is to be re
at the next term of the Common Pies
Court, and there the affirmative side
the case is examined, and, if upon inve
tigating that side of the case only, he
deemed guilty of the offense charged,
Is held to appear before the Court for trai
and after lying in the county jail f
weeks, and perhaps for months tif un
BILE to procure bail for his appearance)
an expense upon the taxpayers of q
county, he is tried in the Common Pie
Court; by which time the witnesses a.
scattered and are out of reach, and,
any of them remain to appear at Court
testify, they are apt to be possessed
conveniently short memories, and f
want of sufficient evidence to convict, 81
accused is discharged, and the peop
have to foot the bill of costs, and boar
ing bill at the county lookup
Now, if by giving the Probate Cou
concurrent jurisdiction with the Con
of Common Pleas, in class Of offenses /
ferred to, a speedier, less expensive wa
and one equally just to all parties ean
secured, why not extend the provisic,
of the law to our county?
WE call the special attention of a.