St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-03-22
HOW ABOUT The FEES?
The Law Says Witnesses in
Criminal Cases Shall Re-
ceive Them.
The Commitment Of Adolph
Grethen to the Insane
Asylum.
His Alleged Insanity a Mat
ter Of Surprise to Many
Friends.
General News Of a Day Gath
cred by Vigilant Globe
Reporters.

Judge Emery. or his colleague, Judge
Mahoney, will probably be called upon
within few days to decide an important
law point. Clerk Henry j. Altnow has
on several occasions refused to allow
witnesses who were summoned by the
state in criminal actions any fees, al
though they have been demanded, on
the ground thai there is no approprIa-
ton for the payment of such fees and
the precedent of his Office does not war
rant it. Some of the attorneys who
practice in the court do not agree with
the clerk and claim that the witnesses
for the state are entitled to the same
compensation as witnesses who are
summoned before the grand jury and
the district court, and it is very likely
that when the next witness makes
demand upon the clerk for
fees the matter will be taken
before the court for settlement.
Clerk Altnow claims that in case his de-
entail considerable extra work upon his
office and the entailing of a heavy ex-
pense upon the city. Mr.. Altnow,
however, feels sure that when the mat
ter gets before the court his position
will be sustained. AS there never has
been any decision upon this point, and
the precedent of the court is against it
the legal fraternity will naturally be in
tereSted in the result.
Section 10 of Chapter 70, General
Statues of Minnesota, under the head OF
fees of witnesses in criminal cases,
says: witnesses for the state in Grim
inal cases before any court OF record
shall receive for such ATTENDANCE 81
for each day, and cents per mile in go
ing to and returning from the place Of
attendance. And the judges of the
district court may, in their discretion,
allow their fees to witnesses for the de-
Tense attending in criminal proceedings
Oh behalf of the defendant, which shall
not exceed the fees allowed by law in
civil actions. Such allowances shall
be certified by the clerk of the court
and paid in the same manner that jul
r0rS are paid"
The act of assembly establishing
municipal court In the city of Minneap-
1874, and amended Feb. 20, 1889, de-
clares the municipal court to be court
of record, ana the act approved Feb. 20,
1889, repeats all former acts inconsistent
herewith; and, in referring to the
municipal court, says: 1.-The clerk shall
pay witnesses in criminal actions the
fees to which they may be entitled,
when no other provision shall be made
by law for such payment, taking re-
ceipts therefor in such form as the court
may direct which receipts shall be
sufficient vouchers for payment of the
sums therein named, which said sums
shall be noted upon the monthly report
of said clerk and deducted from the
amount therein otherwise shown to be
due the city," Apparently under the
law all witness in a criminal case has
to do is TO sign receipt and collect his
fees from the clerk, but the clerk OF the
municipal court doesn't think so.
Judge Emery was asked by GLOBE
reporter if the witnesses could not re-
cover the same fees allowed by law to
the witnesses i'll the district court
There is no question about the munich
pal court being court of record" he
said, with smile, ''but would hardly
be justified in giving an opinion upon
case before it comes before me-" Judge
MahoneY said he hadn't looked the mat
ter up. but the precedent was against
paying the fees. Clerk AltnoW ex-
planned that when fine and costs were
imposed upon prisoner, the amount of
the witness fees were always added in
the sum assessed, and the witnesses
were paid the regular fee allowed by
law, but when only fine was imposed
the money went into the city treasury
and the witnesses were not paid.