The herald., 1893-10-20
SANTA ANA.

The Water Works--The District Attor-
ney on Criminal Unses.
SANTA ANA, Oct. ia HERALD rep
resentative spent few minutes'in the
city water works today and was pleased
to note the care and attention given the
pump rooms by Engineer Atwood. The
rooms and everything therein is as neat
as the interior OF parlor.
The average amount Of water pumped
per day for the past four months is
2GS, ,547 gallons. at cost of $40 per day
on an average, or about 35 cents per
1000 gallons. The average amount of
coal used for the past four months is
1886.
Elmer Atwood, assistant engineer at
the water works, went to Los Angeles
today.
Miss Viola Hines is visiting friends in
Los Angeles this week.
j. G. Nichols went up to Los Angeles
today.
Mr.. and Mrs. George W. Ford re-
turned from the races this afternoon.
Harry Bundy was passenger on the
Southern Pacific this morning.
Miss Addie Thomas visited the An
gelic city today.
Mrs. Edgar johnson OF Fullerton was
in the city today.
The directors Of the Orange County
Fair association, 1t is reported, are en-
deavoring to arrange race, to take
place at the Santa Ana track in the near
future, between Silkwood and w. Wood,
and Klamath and Mckinney.
The district attorney has issued quite
tnt linn m ar ~
the constables and justices of the peace
of Orange county, concerning the indis-
criminaee manner of issuing warrants.
He says:
1t seems to be the general practice
that when the commission of an offense
is reported by constable or any other
person, they 20 direct to the justices of
the peace who, without consulting the
district attorney, write out the COM
plaint, file it and issue warrant for the
arrest Of the party charged. Then if the
icy appetl4 4-fn68iannf9fs f68ia n9f., !, Jury or an attor-
ney is called in to prosecute tie case,
but sometimes he is not called in until
the case is appealed to the superior
court. Thus the district attorney knows
nothing about the case until after it is
instituted, and in my experience this
year in the Office Il have found that in
many cases the complaints filed are en-
tirely insufficient, and have been COM
PEELED to dismiss the cases and file other
complaints; many cases are commenced
in which no complaints ought to have
been fled; some complaints are made
through personal spite, and ought not
to be prosecuted. Through these and
other Irregularities the district attorney
ia unable to properly perform his duty
n nublic nrnaocutf.r and tbn oncf pf
running the legal department of the
county is largely increased by useless
expense.
Section 136 Of the county government
act, passed in 1898. provides:
Tine district attorney is the public
prosecutor. and muat--
"Flrst-Attend the superior court
and conduct, op behalf of the people,
all prosecutions for public ofiehses.
r second-lpstitute proceedings before
4 the magistrate for the arrest of persons
2 charged with, or reasonably suspected
OF, public ohenses, when he ia informed
stnat any such oftenses have been COM
Under the same act the duty OF
: constable is to preserve the peace, ar
rest and take before the nearest magis.
sAtiste all persone who attempt to commit,
or VINO have committed public offenses.
justice court,
undei the penal code it ia the duty OF
the justiceof the peace to issue warrants
when complaints are filed with him.
by THESE provisions the law furnishes a
complete practice in criminal matters.
ihe district attorney is to institute, that
,s, commence or begin, the proceedings
py investigating the facts and preparing
the complaints, the Justice ia to file Il |
ana issue the warrant, and the constable |
is to execute 1t. The Justice il not ex |
pected to draw the complaint becauaa |
he Is often called upon to pass upon Tia
Bufflclency, and he should not be- COM
PEELED to pass upon his own work.
In order to properly regulate the GRIM
lnal business of the county, the diatrict
attorney insists that the practice pro-
avideo by the statute be followed In the /
Iuture, and that whenever anyone COM
plains OF the com mission of any public
oHense, send the party complaining to
tne ulstrict attorney, or refer the matter
70 MIN ior Investigation before the COM
plant 10 hled. In Santa Ana this can
be done without any tronb ole, and in
other townships If the party complaiu-
ing cannot come to the county seat the
district attorney will attend at the Office
oi the justice upon receiving notice by
mail, telephone, telegram or otherwise.
SN The district attorney feels that the OBJ
'servance OF this regulation is absolutely
necessary to the efficiency OF cur crirni-
nal proceedings, and TO relieve the tax
payers OF the county from unnecessary
purdens and expense, and | hope that
ali the officers OF the county will cheer.
'fully follow this practice.
r From the above communication il
would appear that District Attorney
Scar borough had come to the conclus-
Ion tnat there had been some reckless
Work Dy constablea or some one elee, in
swearing out warrants of arrest.
VIM. FL. Smaley waa admitted Ia
citizenship today.
Geo. A. Clark, aged "a years. and a
resident OF Bslsa, and Flora M. Ward.
a4ed IL years, OF the same nlace waya