The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-07-10
ON CRIMINAL EXPENSES.
Suit Against a Justice of The Peace
for Assessing Costs Against
the Prisoner.
SAEPETE COUNTY, July Z. so.
Eslisors Uerold.

cANPETE OOUhI8i July Il cO.
Editors Herald:
With what rutaiessness some mel
like to exhune from the mus,y pas
facts that destroy the aweet illusion
of our days and tell us these many
cherished themes are not new buf
are gToss plsgarisms, as OF Ingsr
soils and others Ihunderings, anc
that these themes have been
whiStled before.
Nov we are startled by the an
nouncement of suit planted by
TWO OF your most eminent criminal
lawyers against j. P, for false i'm
prisonment, value, $4,000. One
gentleman OF this county has been
offered retainer; be declined.
One of the points Is the discovery
in section 2 OF the Poland bill, tina.
all costs and expenses" of ali crimi-
nal prosecutions must be paid out OF
The territorial treasury, not the
county treasury II the people lose,
nor In any cases by the prisoner,
as my informant tells me.
Now, In a certain liquor case here
one man was sentenced TO pay fine
OF $50, with costs added, making
total of Sl01, or 10I days imprison-
meot. l knew nothing OF the release
OF this Napoleon of the Whi-ksy ring
from st. Helena. He enters the little
brown Jug" stays thirty five days,
comes out By giving a secured note
for the amo ut of fine and costs,
less one endorsement on the hack OF
$50 by the thirty.fVe days endured
in durance vile. TINS is said
10 be ell wrong, and practically
the making prisoner pay the cost of
his own prosecution and to recover
this $4,000, or less, and to
stop the payment of the note. is
this suit said to be instituted;
and perhaps the machinery of our
Justices courts particularly unhiDged. |
l remember that in all cases of con-
vlction in the District Court at Provo
the prisoner has paid the costs and |
either In money or imprison-
ment notwithstanding this provision |
in section 2 of the Poland Bill, |
governing as ! held the procedure in |
district courts and does not apply
down to justices courts as is held by |
the gentlemen of the Salt Lake bar,
and here. But are net these same
gents given 10 sensatIOnsIisms as was
evidenced in the announcement
made by them in the great heir case, .
viz: thst the Church OF Jesus Cnrist OF
Latter day Saints was not an incor-
poratlon? II, however, this logic be
true then not only Is the costs recover
able from the Justice, but also from
the district courts, which have pur-
sued tue same policy OF making the
prisoner pay the costa incurred by the
people. Il is now argued that the
taxing Of e note is inadmissable In
payment of line as sections 1886,
1886 Compiled Laws OF Utah,
no such procedure and thst
The old law of 1858, wherein such
haatis!action" vas allowed, is repealed
by acg of the Legislature in 1873. The
paying in Of fines into the treasury ia
len days is compulsory.
Our reJoubtable knight of the
whisky ring is advised not to pay
said note. Hence We expect q
thorough and exhaustive ventilation
Of the pros and cous. 1t would be
gratifying to have come light thrown
Oh issues 50 vital The law provides
that county courts shall set aside no:
more than oLe-.hiId of its revenue for
expenses yearly, payable
out Of the county treasury. II this is
not Law We would like to knuw it
Or if the territorial treasury is the
only excheqGer on which to draw for
all costs and expenses" incurred in
the prosecution of fall cases against
the laws OF the legislature" We want
to know it, and if the prisoners in
can only be for the
amount Of the fine we want to know
it. Come people Ike topsy turvy.
60 do if true snd for the best. See
section OF Poland Bill
(Section 2. p So Compiled Lava
Of Utab, "And the costs and ex-
penses of all prosecutions for ofsnses
against any Law OF the territorial
legislature shall be paid out Of the
treasury Of the territory" D. q.