The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1881-09-09
i NEEDLESS EXPENSE TO TAXPAYERS.

IA NEEDLESS EXPENSE TO TAXPAYERS.
A few issues ago we took occasion
to comment in general way on the
too often abused system of justices
of the peace throughout the state
issuing warrants for the arrest OF
alleged criminals upon ne-other infor-
nation being furnished these officers
of the law, except simple sworn
statement of some prosecuting wit
ness who deemed himself injured by
the partEhe thus accuses; when the
statute of our state plainly provides
that in addition 10 the above infor-
nation, the Justice shall also "take
the dispositions of any witnesses that
the informant may produce in support
thereof TLereupon if the magistrate
be satisfied that the crime complained
of has been committed, and that there
is probable cause to believe that the
person charged has committed it. be
must issue warrant
We do not claim for this provision
that justices in all cases are bound
to take these depositions. But he
must take them until he becomes sat
isfed that a crime has been committed
and that the party charged is the
guilty party before he issues a war
rant. We claim further that Justices
should not become satisfied so as to
issue a warrant on slight information,
but they shonld in all cases use this
safeguard provided by our laws to
protect the tax. payers. and thus not
become too eager to have case
brought and tried before their court.
We believe that criminals should be
promptly tried and punished, yet in
all these cases the tax payers can just
as easily be protected from having to
pay an outrageous bill of costs care
lessly heaped upon them when the
exercise of little care and precau-
tion such as is contemplated and pro-
vided by the statute will in most
cases prevent. But in many instances
il seems that justices are SO anxious
to enjoy the emoluments of the Office
that they lose sight of the interests
of the tax payers who so often have
these bills to pay.
The practice OF law for the last few
years has brought these things more
forcibly to our notice than would oc-
cur TO one not engaged in that line
of duty. Such disregard of our stat
ute is a good thing for lawyers, but
it is too much of an imposition on
the pockets of the tax payers. to be
any longe: tolerated without notice
In our quiet town case has occur
red in which it seems TO us if more
precaution had been observed before
issuing the warrant the people would
have been saved quite sum. This
case came from the beach mining
regions of the lower Alseya valley,
The complaining party in place oi
complaining to the justice in his own
precinct, came out to Corvallis and
filed his statement in writing with the
justice here who issued the warrant
without taking the dispositions of any
other witnesses as pointed out by the
code. The sheriff had to go down
on the coast, travelling a distance OF
100 miles, TO arrest the party accused
and subpoena the witnesses.
After OBTAINING the witnesses for
about week and the defendant was
discharged after piling up about
5000 costs for the tax payers of Ben
ton county to pay. This case result
ed perhaps better than many others
have done because frequently the
party is bound over to appear before
the grand jury, before whom the
witnesses have to be brought and the
expense nearly doubled, where after
all the grand jury fail to find bill.
This practice of disregardlng this
provision Of our code has become so
universal throughout the state that
we feel in duty bound while running
public newspaper to call attention
to these outrages upon the peoples
purse, and shall continue to do SO
until the proper correction is made.
THE YAQUIMA RAILROAD.