The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1880-03-13


There is before the Legislature bill to
enlarge the jurisdiction Of justices Of the
peace in Montgomery county, by giving
them concurrent powers exercised BY the
circuit court in all cases Of assault, with
out any felonious intent, assaults aud bat
terry, petty larceny, where the value of the
property stolen does not exceed five dol
lars; in all misdemeanoFs not punishable
by confinement in the peuitentiary, which
may be committed within their jurisdic-
tious, aud by giving them jurisdiction in
all prosecutions or proceedings for the re-
coyery Of any penalty for doing or emitting
to do any act, which is made punishable
under the laws Of the State by fine or i'm
prisonment ia jail or House Of Correction,
all Of which acts arc by the bill made
criminal offences.
When the bill came up in the House of
Delegates on its second reading, an amend
ment was inserted including Carroll county
justices.
Tho scope Of the bill is very broad, aud
includes assaults without feloniOus intent,
assault and battery, larceny Of Eve dollars
worth Of property, adultery, Sabbath break
ing, violations of license laws, selling liquor
to minors, and on Sunday and election
days, bribing voters, destroying property,
embegzlement under act Of 1862, punisha-
bic BY fine aud jail imprisonment, frauds
in partnership affairs, unlawful marriage,
selling at aud disturbing religious meet
ings, lotteries, impeding administration Of
justice, proceedings against registration
officers, breaking open letters, fraudulent
sales Of whisky and -four, mixing -four,
and many other offences.
In all criminal offences the accused is
guaranteed the right of trial by jury, couu-
sci for defence, &c, &C., aud the above
bill gives every man accused of any crime
over which il extends the jurisdiction Of
magistrates, the right to elect whether or
not he will let his case be heard by JUS
tice Of the peace. Ia many of such cases
it is very likely that parties charged would
prefer a speedy trial, and would not object
to having bis case heard before justice.
The bill was drawn in the interest Of
economy, and with slight amendments
would save considerable revenue to the
counties included under its operations,
To accomplish this the counties should
each have a police justice, to reside at the
county town, to attend to this class of
business alone, the other justices to have
the power to issue warrants for arrest as
now. If every justice is police justice
no expense would be saved. For instance:
A is charged with the theft Of pair of
boots of the value Of five dollars at Sykes
vile. He is arrested and elects to be tried
BY a magistrate. lie demands, however,
that he have counsel for defense. This
would necessitate delay perhaps Of
week or ten days, for counsel would have
to be procured from Westminster, aud
the States attorney would have to be pres
ent also. A, then. would be required to
give bail for his appearance at the trial,
aud, as is often the case, might not beable
to do so, He would therefore have to be
brought here to Jail, distance Of about
seventeen miles, aud taken back again
when the case comes up for hearing. DIFF
fculty sometimes would be experienced in
obtaining counsel, when desired, especially
during the sessions Of court
The bill thus amended would not suit
the justices cf the peace throughout the
county, perhaps. Their fees would be
somewhat less 10 the aggregate, aud none
now are mokiDg fortune out of their
Offices. But to taxpayers, it seems to
US, ID would be beneficial measure. As
the law is now administered, persons
charged with petty ofeuses are often con-
fined in jail, at an expense of $3.50 per
week, for as long as six months without
trial This delay may be an injustice to
those accused, for innocent men are some
times subjected to this punishment Of long
confinement in jail.