Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1895-01-03
To the Justices Of the Peace of Iron
County, No.

revenue from real and personal taxa
ton of $6340. Sc. from saloon licenses
Of $4,000. 90. from railroad taxation of
$131O.O5, and from merchants and
manufacturers licenses of about
$4,000. making total county income
of $12460.61. such costs have ranged
from $4,000 to 100000 per year.
In the year 1898. such costs SO paid.
amounted to $2Ol2.2O This does not
include those costs in felony cases paid
out of the State Treasury.
This State of affairs is largely owing
to q lack of concert of action between
justices of the peace and prosecuting
attorneys. 1t is therefore, with a view
toward getting that concert of action.
thereby diminishing these costs, that
address to You. as justices of the peace
the following suggestions and advice,
with the request that you paste same
in the back of your dockets for conven-
lent reference.
First-In certifying cost bills for
allowance. as to subpenas, state sep
arately how many were issued for tho
State and how many for defendant.
Second-In certifying as to consta-
ble's fees for service and milage, state
separately what accrued for serving
States witnesses, and what for defend
ants.
Third-The names of all persons de-
manded at any one time by q party
must be included in the same subpoena.
The law does not allow of more than
one under such circumstances.
Fourth-Where more than one per-
son is charged with crime in an af
fidavit, you will include all of them in
one warrant. Do not issue more than
one warrant.
Fifth-Where an officer has a sub
poena or subpoenas for several witness
IS he is only entitled to miiage for the
distance actually and necessarily trav-
eled in serving same. He can not get
the full amount on each witness: to il
lustrate; he travels actually ten miles
and serves three witnesses; he is en-
titled to pay for ten miles and not to
thirty. Nor do believe that he would
would be entitled to the thirty even
did he make a trip for each witness
when he could have served all at one
trip. There may have been some who
heretofore have labored under the con-
trary impassion; if so, wish them cor
rected. Therefore when such officer
returns his fees endorsed on the pa
pers you will see that the above rule is
complied with; and should such officer
persist in violating the above-which
is the law-after being informed of the
law, you will notify me, to the end that
l may refuse to sign such fee bill for
allowance. and take such further &C
ton as the law contemplates. OF
course, DO officer will knowingly over
charge fees, after being informed in
the matter. Bat if one does. then it
becomes my duty to prosecute him for
malfeasance in Office.
Sixth-In stating witness fees and
milage. put under separate heads the
names of Safes witnesses and those for
defendant.
Seventh-Do not issue subpenas for
the State for more than three witness
es to any one fact or point to be prov
en-. And in no case. where the prose-
cutting attorney is present at the place
of trial, issue any subpenas for States
witnesses without his order. If any of
the things in this rule named is done,
none of the costs thereby accrued will
be paid.
Eighth-When one charged with
crime is arrested, set the case for trial
at an early day; notify the prosecuting
attorney in writing of the day of the
trial. and if the warrant was issued
81 \; TT ~
charge, let prisoner to bail for ap-
pearance on that day in bond of not
less than 100000 if case is a INSIDE
meanor and not less than $4,000 if a
felony. If prisoner does not give bond
which you approve commit him to Gus
tody till day of trial.
Ninth-The law requires that when
yon send the fee bill to the clerk CT the
circuit court, you must also send along
with it all the original papers filed
with you. together with a complete
copy of your docket entries. duly GER
titled. (Sec. 4421 r. S. 1880. The
reason of the law Is that the officers
who have the APPROVAL, disapproval or
of cost bills, may refer to
these papers to see whether the cost
bill be correct. This law mnst be OBJ
served in future.
These are all. the suggestions as to
matters pertaining to cost bills which
desire to give now; but there are
other matters of equal if not greater
which / will mention be-
low.
The object of the criminal law is three
fold: to reform the criminal, by chas-
tisement; by making an example, an
object lesson, of the transgressor to
deter others from following his foot
steps; and to protect the public from
the results of crime.
The thing complained of should be
sufficiently grave to ju: t;fy prosecution
and punishment. Some public good |
must be subserved by prosecution to |
justify prosecution. Therefore be |
slow to issue warrants at the instance |
of private persons where from state |
ments made to you. you see or think
the law has only been violated in a |
small degree, and where it is evident
that the would be prosecutor is actuat-
ed by private feeling or malice, more |
than by public spirit; and. especially.
be slow in issuing in those cases where |
upon acquittal the county is liable for
the costs.
Too often, mon, to crafty their per-
sonal dislikes, invoke the criminal
laws. with the consequence Of bills to
be liqudated by the tax payer.