The morning call., 1893-05-06
NEW POLICE LAW.
Clerks Must Give Receipts
for Bail Money.
SCHEME TO PREVENT FRAUD.
Sergeants Not Permitted to Give Re-
ceipts, and Late Offenders Must
Stay in Jail.

After the defalcations Of Police Court
Clerk Cooke were discovered last year
an investigation was held into the manner
in which the Police Court clerks received
and paid out bail moneys, ard the system
in vogue was found to be very loose indeed.
According TO the practices which had pre-
vailed for the past five or six years there
was every opportunity for fraud and the
doctoring of accounts, and dishonest clerk
had no check whatever on him 10 prevent
systematic defrauding of the city treasury.
Cookies case showed how this could be done
with impunitv and detection averted for
long time.
The Citizens Defense Association took
up the subject and made thorough exam
ination by means of experts fthe handling
of bail money by Police Court clerks.
After studying the subject law was de-
vised by which it was thought that a good
and efficient check could bs placed upon
the Police Court clerk. The Idea was TO in-
troduce business methods in the handling
of bail moneys. The Citizens Defense AS
sociatiOn framed a bill which was intro
duced at the last Legislature and passed.
The following is the principal portion
of the section which became law:
The City and County Auditor shall prepare and
deliver 10 the clerk OF lhe Police Court from
time TO time as many official receipts as may be
required. The Auditor Shall sign such receipts
and deliver them 10 The clerk receiving them,
specifying in the charge the amounts thereof,
and said clerk shall cOuntersign The same. and
upon the payment OF any bail imposed by tho
Judge OF the Police Coult he must deliver to the
person paying the same official receipt for
the amount of such fine. and shall daily pay into
the CITY aud County Treasury all moneys so
collected or received by him, and Shall. under
oath, on The flrst DAY OF each month. ana ollener
when required TO do so by the Auditor make to
the Auditor report OF all such official receipts
Issued and used by him during the ng
mouth.
The new law makes il felony for any one
TO receive or give fine OF bail money without
such receipts.
The law has been on the statute books
since its passage. but it has not yet been
put into operation. so, conStructlyely, the
Police Court clerks who have been pursuing
the old practice, and doing entirely without
receipts, are guilty of felony.
1t is now designed to put the law into ope-
ration, and the Board Of Supervisors has
directed the Auditor to arrange and have
printed the necessary blank receipts for
carrying cut the law.
Auditor Broderick addressed communi-
cation 10 District Attorney Barnes asking
him several pertinent questions regarding
the practical application OF the new law,
and received the following answer:
Hon. HiLfnnl Frederick, auditor: have the
honor TO acknowledge the receipt OF your memoir
audum, making The following inquiries: First,
can the Auditors signature TO receipt for bail
and fines imposed be printed upon blank receipts
or must the Auditor sign his name2 Can the
date OF order OF fine be printed upon the stub Of
he receipt book? Can a receipt issue credltng
fine imposed, partly cash, and raItly service un-
der judgment, or must the receipt be for cash
only.
In answer to the first question District Attor-
ny Barnes says the duties OF the Auditor are
ministerial. AS such they may be discharged by
deputy. II would follow, therefore, that II the
Auditor himself performs the duty of signing the
receipts mentioned lie must subscribe his own
name, in his own handwriting, but if lie delegates
npTtOTm tlar
name may be printed or stamped or written by
the deputy, who must thereupon attest such
printed, stamped or wrli ten name by signing his
own name IN his own handwriting as such
deputy. 1t follows that the clerk of the Police
Court, not being deputy of the Auditor, cannot
sign the receipt for the Auditor.
Second. can The date of ord OF fine be printed
upon the stub OF the receipt book?
II is evident that this may be done, as all that
is required by the statute is that the proper time
shall be uoed, and the method OF noting it may
be considered 10 be entirely at your discretion.
IL Is not necessary to write The date where
stamping or printing would answer lie same
purpose.
Can a receipt issue credItng fine Imposed,
partly cash and partly service under Judgment,
or must the receipt be for cash alone?
This is more question oil bookkeeping. There
IS no doubt that The prisoner has the tight 10
serve pant Of his term and then claim his dis
chaIge on payment of n balance Of the fine.
OF course tie receipt should not issue for more
than the actual cash received. ana IL would ap-
pear that the only practical solution or tile
problem would he 10 give credit by he number
balance paid by The prisoner. both aggregating
| the amount Of the fine imposed by The court
The opinion of the District Attorney has
not cleared away all the difficulties pre-
| senteG ard there are a number of impracti-
| Cal features which may result in having the
| law declared uncOnsti,ut utional.
AS soon as lie received the opinion OF the
| District Attorney Auditor Broderick set TO
work to practically put the law into opera
tion. He had several consultations with
| the Police Judges and 1t was resolved 10
| classify the fines and bail into the following
classes, for which fine and bail receipt
| books of 80 and 100 pages each should be
| printed:
The license classification was taken as
| model. The classification of fines is as fol-
| lows: So. $40, $50, $50, $50, 500, $3.50;
of bail, So, $40, $50, S25, $40. $40, 500.
$3.50.
The ball classification is designed to fit
the various penalties i'm posed for offenses by
| the statutes.
The following Is a model Of one OF the
| bail receipts: