Arizona silver belt., 1891-02-14
Saturday, February IA, 1891.
THE nEir's nrJouSbss.

Florence Enterprise of the 7th inst over the signature of Griffin & McCabe (P. B., taking exception to our com ments upon the John Bauer habeas corpus case, in which they say that the BELT's criticism ''is very unjust, his leading, and false in all the material statements, and they further allege, ''lt is not true that at the time the writ of habeas corpus was sued out be- fore the supreme court, the prisoner had waived examination and agreed to await the action of the grand jury. ''It is not true that Sheriff Thomp- son was compelled to produce the pris- oner before the court, to judicially de- termine whether the accused could be discharged before examination.
 ''It is not true that the prisoner vol untarily submitted to his confinement or waived any rights.
 ''The reason why the writ issued from the court a. Phoenix, IS because it was the nearest legally qualified officer
 
 issue, and because by the constitution and laws of this country it is writ of right, and the prisoner and counsel have a choice of courts.
 'It Is not true that the sheriff is not allowed fees for his services in convey ing the prisoner to Phoenix or to any other court the writ directs hun. |"
  In answer to the above we have to say: First, that Justice Strong's docket contradicts the statement of Messrs. Griffin X McCabe that the defendant, John Bauer, did not waive oxamina- ton. We aver that he DID waive ex. animation.
 Second. Messrs Griffin <v McCabe are oontradietod by Section 2292, Re vised Statutes, 1887, page $40, which reads, "the officer or person to whom a writ of habeas corpus is directed who shall refuse obedience to the command thereof, he shall forfeit and pay to the person agrieved sum not exceeding five thousand dollars, to be recovered by ah action of debt, in any court hay ing cognizance thereof,
 Third, The BELT denies that the nearest legally qualified officer with power to hear and determine cases of habeas corpus was in Phoenix, and in proof of which We cite Section 2296, page $40, Revised Statutes, which con fers the power upon the Probate Judge in the absence of the Distri ct Judge from the county, or his inability to act; and there being Probate Judge ir Globe, physically enabled to hear and determine such cases, the BELT is not convinced of the necessity of suing out the writ ill Maricopa county com nanding the sheriff of Gila county to produce his prisoner, John Bauer, in Phoenix.
 Fourth, The statutes again contra dict Messrs. Griffin & McCabe who ,aintain that fees are allowed the sher- for conveying the prisoner to Pho- If their assertion were true is it trange that on page l53 of th- 5, -'"'N'r f0nls section of law
 fee or cOmpensa-
 'ust be charged or
 cer for duties per s rendered in pro-
 abeas corpus. And
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