Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1884-02-06

ties could have been arrested under one war
rant and thereby save large expense. We find
but three cases where there were more tn an one
defendant and no case where there were more
than two.
charged the county the sum of $17564 Robert
johnson, city marshal and constable was the
complaining witness i'll all of the cases and was
the officer executing the warrants, and has
claims against the county therefore amounting
to S146.15. We also find in these cases before.
Mr.. Grimm the following cases in which
the complaints were not subscribed to wit: No.
81, Feb. ri : II and r. March 20. The following
eases were tried as tramps but the Judgment was
not such as the statute requires in such cases,
to wit: No. IS, Feb 10; 90, so and 81, Feb. 20;
No. 81. Z, b. p; No. So, Eeb. 26 No 80 Feb 26
No. G6, March Z; No Il and72, March 20; No- 80,
March %; and No. 81, April 10 81.
Your committee npon the examination oil Cs
E. Krebs, his docket, papers IN the cases ana
the certified statements hled by Elm IN the once
OF clerk OF this Board IND that between the I5tf
of November, 1882, ana the 18th OF April, he had
before him 2l7 cases of persons charged with be
ing vagrants, and in these cases he has filed hIs
lain against the county for the sum Of 1914 IS.
Robert Johnson, constable of the town Of JeffeT-
son, and Emarshal Of the city Of Jefferson was
complaining witness in lis and has filed his
claim against the county in said cases, amount
ing to the of S194 81 for services as cOnsta-
bic IN executing the Wflt Ana george remover
constable OF the town OF Jefferson, was com
planning witness in 102 cases and has his claim
fled against the county Of Jefferson in the sum
of Sl67.97.
Upon the examination OF Mr. Krebs, his dock
ct, the papers in the cases and the certified state
ments filed with the clerk Of this Board we find
that all of the cases were for vagranCy, when In,
fact the defendants were, under the statute, not
vagrants but tramps, and should have been tried
and sentenced such, but no Judgment or SEN
tence was made III conformity with the tramp.
act.
1t tappears from the testimony in relation to
this matter of MrKrebs that himself as well as
the con stables, studiously avoided making
complaint for more thar one defendant IN any
one case and as shown by the testimony the OF
ficer made in several instances several COM
plants and received the warrants at the same
| time bringing the parties into court and trying
them separately and in so doing pIllng up the
costs against the county.
There being but one case of vagrancy from the
city OF Ft. Atkinson, your committee did not
deem it necessary to subpoena the justice before
the committee but the reported Will no
doubt come within this report.
To make more concise statement:
| In the city Of Watertown there were Jos OF
| these cases between the 2Sth day of November,
| 1852 and the 7th day of April, 1888. In these
| cases the Justices fees were 1888 76 Constable
and marshals' costs S312 o.
In the city of Jefferson there were between
| the 18th day of November, 1892 and the 23th day
of April, 1888, 293 cases, in which the Justices
! fees were S7O0.52, and the constables' and mar
! shals' charges 350J o. making iu all 4U2, in
which there were justices fees 10 the aggregate
1881 25, and CUnsts bleS and mars halls fees SS21-
| o.. making grand total Of costs S50j.34; and
this does not include the Jail expenses. kand
| county prisoners.
! Taking into The account that IL complaint ha8=
|
Gle save or 4 by the nightwatchmen in the city
of Watertown, and the further fact that since
the jurisdiction Of justices III the trial Of tramps
| ceased in A pril last, there has been bUt four
| sent up from the CITY IF WatertoWn and one
from the city of effersOn, is certainly reason
to cast suspicion upon the acts at least Of some
of the officers who have been connected with
! his vagrancy business.
Whether any OF those officers have eonniyed,
| In order TO run eXOrbitant and unjust accounts
against the county and have far forgotten
their position public officials and been so rec
reant to their trusts to subordinate the public
interest to their own personal ayarice and sati-
ate their greed. for gain sinking all honOr pride
| and self-respect beneath a mountain Of selfish
! ness; and humiliating their constituents and
the people VINO have Ieposed confidence IN them,
| your committee Will leave for the good people
OF Jefferson county ana particularly Of Water
| town and Jefferson to determine.
Your Committee would further report that
| they have examined he law and find that sec
| tion Of chapter 1S3 OF the laws Of 1879 defines
| the crimes OF tramps and section defines the
punishment. This chapter makes a distfnoss
| crime aid person that comes within this stat
ute cannot be arrested and tried as a vegraEt
ana an cases, Wnen a person is tramp and un-
der TINS statute and has been complained against
| tried and convicted as Il vagrant the processes.
were illegal ana void from the beginning and
| the court could enter no judgment, and could
not IN the Judgment OF your committee make.
| legal charge against the county for the costs
particularly orJustices fees and constables' or
marshals ices, particularly when the constable:
| or marshal was the one to make the complaint,
Your committee further hold that unless the
sentence IS such as is prescribed by section of
| the act OF 1879 then the court loses Jurisdiction
OF the case and he cannot enforce his sentence
! or n axe legal charge against the county for.
his or the officers ices, particularly when snch,
| officer Is the complaining witness
Ihat section of chapter 291 of the laws of
I 1857 provides that justice in a tramp case shall
| one case. And section provides that any peace
| officer making arrest shall have only 81 for.
MS services, cents per mile, actually travelled
| ana Tor the expense Of board of prisoners
| III the opinion OF your committee the cheroeo
! Ior Tagrancy reported by 5usuces Stacy and
| Hall1ger OF WatertOwn, Justice Krebs of Jeffer-
| son and the one case from Justice Porter of FIT
! Atkinson and all similar cases are not LEGAL
! charges against the county. In the cases report
ed by Justice Grimm of Jefferson all tramp cases
! Which your committee ha noted as there being
! no subscribed complaint, and all cases where
! the Judgment does not conform to the statutory
| requirements are not legal charges against the
county, and that in no case can the stice recover
bat one dollar for his services in any one case,
| ana the 0i1eer serving the papers can recover
but one doIlarln any one case for his services
ana nVe scents Tor each mile actually travelled
and for board of prisoners
Your committee is of the opinion that consid-
erlng the magnitude OF this apparent conspiracy
to rob the treasury of the county under the guise
of perfor1ing official duties that not until the
courts shall have decided adverse To the Oninion
OF your committee herein expressed, this Board
ought and will not sanction or submit thereto
our committee would thetorert recommend
that t11s Board disallow all claims for the prose-
ccutlon and costs IN yagraIcy and tramp cases
not coming strictly within the statute above cit
ed, ana IN accordance with this report, and that
the co mmittee on justices, constables' and mar
sh9ls' accounts be directed to report all such
bills IN accordance with this report.
Your committee would further recommend
that Mr.. Cunningham, sheriff, be allowed the
sum of 80 for his services and money paid
out by him in the matter Of this investigation
according to the bill hereunto attached. All of
which is respectfully submitted
0. S. CORNISH,
VIII. PORTER
w. w. WOODMAN
Committee