Los Angeles daily herald., 1889-05-24
WHO SHALL PROsECUTEs
rhree xeungsters Awaiting Trial
I'm Court.


Tbare appears to be sort of war in
progress between the City Attorneys
Office and the District Attorney, and 80
far, the City Attorney has the best OF it.
The affair originated in Justice Stanton's
court, where three urchins were taken to
be tried on charge of petit larceny, for
which they were arrested by the police.
When the boys were taken into the
court, there was no one present who
would draw up the complaint upon which
the boys would have to be tried, and
Justice Stanton sent the boys back to
the Police Station to remain until COM
plants are drawn up. The District At
torney claims that all these cases
in the City Police Court should be
prosecuted by the City Attorney,
especially as the money derived
from fines gees into the City Treasury.
Heretofore the District Attorney prose-
cuted these cases, but it is stated that he
has altered his mind now, and claims
that the City Attorney is the proper per-
son to take charge of them. In reply to
this the City Attorney quotes Section Az
of the new Charter, as follows: III
shall be the duty of the City Attorney to
nrQ4eCut8, III p6lldll Vi bhO PVORAVs "a.
criminal cases arising upon violations OF
the provisions of this Charter and City
Ordinances, etc." The City Attorney is
willing to prosecute any case that comes
under the ordinances OF the city, but
petit larceny does not come under the
city ordinances. 1t is State law that
prohibits larceny, and consequently
must be prosecuted by the District At
torney. City ordinances, which cover
the same points contained in the general
laws. have been decided to be inopera-
tive by the Supreme Court, and, in con-
sequence, no ordinances can be drawn by
the Council under which the City Attor-
new can prosecute these cases in the
Police Court. Justice Stanton yesterday
sent the following letter to City Attorney
Mcfarland.
SIR-You are hereby notified that
there are at present three persons con-
fined in the city prison Of this city under
charge of petit larceny, that said prison
ers were this afternoon brought before
the undersigned, the Judge of the Police
Court, for ayraignment and trial, that no
complaints were prepared, and conse-
Quently said prisoners were remanded to
the care of the Chief of Police of said
city until complaints were properly pre-
pared and verified, that while said pris'
oners were in court, as aforesaid, de.
mand was made by ]. P. Burns, Chief
of Police of said city, and by the under.
signed, as Judge of said Police Court, OF
Albert Crutcher, Deputy City Attorney,
in open court. that he prepare for veriti'
cation and for fling the necessary COM
plants against the said prisoners, charg'
ing them with the crime of petit larceny
(the arresting officers being pres
emit in court to verify the same,
which he positively and without
equivocation refused to do. You
are. therefore. hereby requested, as
City Attorney of s,id city, to prepare and
f;le, without unnecessary delay, three
complaints, charging the said prisoners
with the crime of petit larceny, or with
such offense as they are reasonably and
probably guilty of, and to file the same
with the Clerk of the said Police Court,
and that you, or one of the Deputy City
Attorneys, appear in said Court and
prosecute said cases to full and final
determination in said Police Court, the
said defendants having demanded 6
speedy trial therein. Respectfully,
L. STANTON,
Judge of Police Court.