The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-02-01
SOMEGOODLAWDUG UP
Showing That Police Judge Has
the Same Jurisdiction
As JUSTICES IN CRIMINAL CASES.
A Way to Save s5 900 in Fees Without
Any Further LegisIat7On.

way to Save 1000 in Fees Without
Any Further Legislation.
The JOURNAL has from time to time
called the attention of its readers to the
exorbitant fees charged by justices of
the peace and constables in Grimm al
cases, at the same time suggesting the
necessity of the abolition of the fee sys-
tenn in whole or in part, by fixing a rea-
sonable salary for those officials. The
necessity for reform in the fees of JUS
tees and constables is, however, not
great, except in those counties having
large cities within their boundaries, such
as this county and the counties of Wyan-
dotte, Sedgwick, Bourbon, Leavenworth
and Atchison.
Until recently it has seemed that addi-
tional legislation would be necessary to
correct this growing evil, but JOURNAL
representative in an interview today
with ex-Deputy County Attorney e. A.
WAGNER, had a remedy pointed out to
to him, which at least has the appear
ance of practicability, and if it can
actually be made to work will secure the
much needed reform in the counties
named without further legislation.
Mr.. Wagner has the following to say
COACCAAAAA& 1908 O4 JOSSASOo 0AA OOASSG-
bl6s in criminal cases:
'.About three years ago l had occasion
to investigate the much discussed sub
iect of costs in criminal cases, while pre-
pairing a paper ON that subject, to be read
at the annual meeting of the county at
torneys of Kansas. Since that time |
have heard the matter talked over fire.
quently by able attorneys, who have each
had some plausible remedy to suggest in
the way of legislation. In all of these
discussions it was conceded that the
greatest evils of the fee system existed
in counties having large populations.
'In reading the metropolitan police
law recently. as amended by the act of
1889, discovered that a portion of sec
ton of that act, relating to the duties
of police judge, reads as follows:
"st x x X The police judge ap-
pointed by the board shall have the ex-
elusive and same power and authority,
and shall exercise all the rights and per-
form all the duties under the laws of the
state and the ordinances of such city, as
the police judge of such city under ex-
listing laws. And in addition thereto the
police judge appointed under this act
shall have concurrent jurisdiction with
justices of the peace of all OHenses
arising in the city under the laws of the
BLdbO, anu 'WASA
justices of the peace of all ofenses aris-
ing in the county under the laws of the
state. ~
latter reading this portion of section
of the metropolitan police law, and es-
pecially the last clause relating to the
jurisdiction of the police judge, the
thought occurred to me that 1t was en-
tirely unnecessary to create city cri mi
nal court, as had been suggested by some
one That the police courts of all cities
of the first class had all the powers OF
the proposed criminal court, to try mis-
demeanors within the boundaries of the
county in which it was located, and the
power to hold preliminary examinations
in all cases when the offense, charged
was felony, and to bind the defendant
over to the district court, if the evidence
warranted such action, in the same man
ner as is now done by justices of the
peace
an view of this provision of the met
ropolitan police law, / can see no reason
| why the county attorney of each of the
counties containing cities of the irst
class should not send all criminal com
! plants brought before him to the police
| court of his county and have the judge
of that court dispose of them, thus say
| ing to the tax payers of those counties
|
tees of the peace.
again if this plan be followed, consta
bles' fees would practically be done away
with, for one or more patrolmen in thu
! city could be detailed to execute all pro
cess of the police court in the city"
"But how" asked the reporter, "wil
| the police judge aud county attorney re
| gard such a course of procedure?"
81 think each of those officials viii
| be anxious to save the taxpayers Of tn
city and county from the payment, an
nually, of several thousand dollars
they are not then they will be cempelleG
to act in conformity with this plan. b.
| public sentiment which will demand il
as soon as it becomes known that th
present laws permit of such course.
"The metropolitan police law fixes th
salary of police judge at not less tina
eight hundred dollars and not more tina
twelve hundred dollars per year in elite
of the first-class- If this plan be pursue
] the salary of the police judge should B