Sacramento daily record-union., 1888-09-18
LOCAL INTELLIGENCE,
PERNICIOUS PRACTICES.
Needed Reforms in Our Municipal Courts
Pointed Out.


Pointed Out.
1t is contemplated by our Penal Codes
and all proceedings Hereunder, that no cost
or expense shall attach to person accused
of crime until after conviction and iudg-
ment. Notwithstanding this plain intend
ment, there are many charges exaeted from
defendants, though innocent of any crime.
For years Justices of the Peace have de-
manded and collected from defendants
whom they admit to bail the sum of 50 for
said bonds This is not within the intent
or spirit of our statute upon criminal pro-
cedure. Section 26 of the "Act to regu.
late the fees of office, ETC., passed March 5,
1870, and now in force, provides that JUS
tees shall receive So for all services and
proceedings in any criminal action, whether
on trial or an examination.
Now an order admitting to bail and hail
bond Is certainly proceeding either upon
tDal or examination. Under Section 127I
the defendant in all cases, other than capi-
tai, is entitled to bail as a matter of right.
In certain cases on appeal the matter of ad-
mitting to bail is in the Courts discretion.
OF course, in cases where our city Justices
collect this amount it goes into the county
treasury. The point is: have these officers
right to exact this sum from an accused
person?
In the Police Court for MANY wears there
has been practice Of collecting 81 for bail
bonds and since the present Clerk came in
81. In many cases this works a great hard
ship ON poor people who happen to be
brought before the Court upon frivolous
and often unfounded charges. This fee is
called one of the Police Court Clerks per
quisites-and if he has the right to collect
g he can take $40. On examination of
the Act creating the Office of Clerk of the
Police Court in this city-passed April ..
lo66-we ind all his compensation limited
to y 5O on each case where the fine is paid,
and he can receive no other fees or costs.
In the matter of bail bonds, however. the
Clerk seeks to justify his claim to fees of
81 or 81 on the ground that he makes out
the bond. As said in regard to Justices of
the Peace, is not bail bond one of the
proceedings in a criminal action? And if
the Clerk charges for services in drafting
the bond, does he not to that extent be-
come q counsel for the defense. 1t is GER
tain that the law does not authorize anv
such charge, and the Police Judge in his
Court is the only proper party TO accept
bail or Justify sureties. Section 1890, Penal
Code) Under the Act of April ,, 1866, the
Clerk can only act in behalf of the Judge.
II the Clerk can exact fees so can the Court,
but this is absolutely inhibited by law.
Certainly the Clerk cannot do what the
Judge is prohibited from doing.
II is no argument in favor of 2 very bad
custom, that the Police Court Clerk must
have living and that those bond fees are
necessary to that end With equal right
and equal propriety the Clerk might exact
charge for every warrant that is issued
by tsm, or oath administered upon COM
plants.
In the Superior Court in all criminal ac-
ions all process, including bail bonds, is
free to the defendant. There is charge of
50 IN each criminal case in favor of the
County Clerk, against the county but no
charges of any nature against the de-
fendant.
1t seems passing strange that this per-
nicious and unlawful tax continues against
poor, unfortunate creatures, who are fre-
quently forced into Court on trifing
charges. 1t is not right in any case, and
should be at once abolished by order of
the Court And if the Clerk is to be paid
extra fees, let it be by some proper and
lawful means.
There is another abuse which has grown
into custom, that of collecting costs from
defendant after a case has been dismissed
or rather in dismissing cases on payment
of costs. Section 1447 of the Penal Code
provides that when defendant is acquitted
either by the Court or by jury, he must
Immediately be discharged, and when the
Court DEGREES q prosecution malicious he
may tax costs against the prosecutor. In
no case is there any law for taxing a de-
fendant who has been or is about to be ac.
quilted or discharged with any costs. 1t is
the same humane spirit all through our
Penal Code, that no costs or expense shall
attach to a defendant until he has been
lawfully convicted.
The same rule obtains in all matters per-
tanning to the trial of habeas corpus. No
charges are made by any judicial, executive
or ministerial officer. A glance at Sections
$40 and 521 of the Penal Code, which pro-
vide that any person who commits extor-
ton under color of official right is guilty
of a misdemeanor, might be instructive