Arizona silver belt., 1880-01-24

the sheriff perminsd to roam ai
 large stsnds slone and without pre-.
 eedens n tho history of she admins.
 Srasien of shs criminal law. The
 lsw provides, that any person de-
 salned for uxaminnnon or trinl. up-
 sn anY eriminal charge or arrestml
 upon any charge. and committed to,
 or in tlle custody of any sheriff,
 shall { if bail Do pot given agreeably
 to law be detaiued and kept ia fhe
 jail os she proper county Com.
 Laws page 174, Sec {. Has Sher-
 if Gabriel complied with this provi.
 sion of the lsw ! Certainly he has
 not chen shat gives hin immunity
 from censure2
 The Court at it's last October term
 at che urgent sollcitasloa of Sir. Ker's counsel, whs represented Eo she Coart sh4s he Kerr was il, ysry bad heslsh. and shAt t would bs cruel to incareerase him n such con aision made an order admitting Kerr to bail in the sum sf ten thou sand dollars. upon 3 geod and suli- cient boud, Eo be approved by the| District Attorney Sheriff Gabriel complains that such bond was made for rhe psoper ulnoant, and chat the surssies justified, and that 1t vas the legal obligation oF she Judge to ap- prore is- This ss sound legal proposition hos very serious obJec- tions, ioapIauch as [ would destroy the legal discretian cenfdsd to the court buE.as bond vas never pre- scnted to che Court For approval. E wns presented to che District At- torney for bis approval. and in the conscientious discdarge of 8 duty imposed upon hin by tbe Court, ke refused to approve the same. It is nowhere made the duty of the Dis .rict AttSsSey to procure baa bonds For persons accused of crime, nor to present such to the Court or Judge for approval. and if the acton of the 3ours or Judge D the matter of ths ipproya. of the bond of Mr. Kerr sas des:red, t should have been pre- ented by the pr9per psrsy.
 sheriff s3abriel sass I an res- 'ousible for Mr Kerr snd his ap- 'earance at the April tern of the District court If this county, anl l afOrm the public he wiIl be there to atisfy the ends Of justice, whatever adgmept may be rendered m bis ase " This is all very well, aud lay satisfy the conscience of tue herif, and reconcile him as to tho erformance of his official duties; but
 does not satisfy the reqnIrelnenn the law, nor the expectations sF le publie generally, who look for oedlence to the law as ths measure [ right.
 l have only tlis to say in regard the Sherif's complaint, that tne oard Of Supervisors did not require ne. as District Attorney. and as ollector of Deliuqaent Taxes, ond equal 70 that required t. him ColIecalr of Taxes. that 1t mns. 2 obvious to every oue thae col 'csor of taxes, in the proper dis narge of bis duties as such, Is sup. osed 10 collect all the taxes of tbe 'unty that are reasonably suseepti- e of collection, and that that por- oh of the taxes declared delinquent
 doubtful, and m many cases inl- 'ssible of collection. Again, the atute absolutely requires thas the lerif snail give bond in.tbe sam ef 2 thousand dollars, and the Collector
 taxes . bond ID the sun of twenty ousand dollars. This ought to be hcient to clear the Board 2 { Sn- rvisors of tho suspicion Of partiah-
 in the premises; but, bes dss this. is 3 fact that the District Attorney
 Pinal county has been required, d has executed larger bond than