Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-01-09
REFORM MUST RULE
Fees of COnstables Reduced by
the County Controller.
THOUSANDS TO BE SAVED.
The Rule Will Break Upa Loose Prac-
tice Among Witnesses,
AND COMPEL OBEDIENCE BY THEM.
The County Will Pay Only for Such Sub.
penas as Are Answered.
AND COMPEL OBEDIENCE BY THEM.
A TEST CASE DEVELOPED YESTERDAY

County Controller Speer has inaugurated
another reform. 1t is in relation TO the
fees of constables. He expects to save the
county thousands of dollars by enforcing
the new rule.
Heretofore the county has paid constables
for every subpoena they have served upon
witnesses in cases before the aldermen. The
county also has to pay all the costs in suits
where the Commonwealth fails to make out
case on account of insufficient evidence
And it vey frequently happens that case
fails because witnesses do not appear at the
preliminary hearings before aldermen.
There has never been a strict rule observed
in regard to the attendance of witnesses at
such preliminary hearings. Writs are always
served on them, but they have been using
their own Judgment as to whether or not
they will appear.
The result has been that in two or three
classes of cases before aldermen few or none
of the witnesses put In appearance, although
their subpoena has been a costly item of ex-
pense to the county. For each subpoena
saAred constable receives so cents out of
the county treasury beside his mileage. In
a case where say ten witnesses had been
summoned, the county would thus have
paid S. for the mere work of notifying them
of their summons. Yet not a single one of
the ten persons apparently need attend the
hearing If it does not suit him.
AGRAND SHAKING Up.
But there is going to be grand shaking
up in the future. Controller Speer, acting
under a recent decision of the Supreme
Court, has decided to pay constables for
only such subpenas that are obeyed by wit
nesses. For instance, if a constable sum-
mons six persons to testify at hearing and
only two appear the official will receive but
81, whereas under the old rule he would get
IS. In that one case that would be saving
of 81 to the county. A very large amount
Of money is paid out every quarter bv the
county for these fees. 1t will average
Is subpenas reported each month by
every Alderman In the county.
Alderman O'Brien, who was convicted of
fraudulent returns, reported so subpanas
one month. In some other Aldermen's Of
fees smaller number of subpenas are now
reported than before the 0'Brien reVela-
tions.
The constables are extremely vexed bv
this new rule of the Controllers. They say
they do their work faithfully, and should
be paid for it. They serve the writs fur
nished them by the magistrates. They can
not do otherwise without violating their
oaths.
TEST CASE YESTERDAY.
This brings up the question, why can't
fhe ldermen and nnnstahles comnel wit.
nesses to attend hearings? If that were done
the county would not be in much danger of
losing cases, and the constables would earn
just as much money as they ever did. Some
Aldermen hold that they have not sufi-
cient authority to enforce attendance of wit |
nesseS. But the law is against them in that. |
They have ample power to compel witnesses !
TO attend hearings If they are unable to |
find such authority, they need simply go |
into court for assistance, and they will get it.
Yesterday the first instance of this kind |
was developed in Alderman McMasters' |
office. A suit tor violation of the liquor law |
was called for hearing. r. S. p Mccall, |
the county's license agent, was the prose- |
cutor. He previously placed in the consta-
ble's hands the.names of six witnesses for |
the Commonwealth. Not one of these wit /
nesses appeared. The constable testified |
under oath that be had subpenaed every one
of them, naming them. 1t was known that
he had remained up nearly all night to see
some of them.
Agent Mccall at once asked for an attach
ment on each witness, to compel their at
tendance. This viii be a test case, and
Alderman McMasters will compel the wit
nesses to attend the adjourned hearing, if it
is at all in the power of the county admins
tration.