The herald., 1896-07-11
OPINION ON TiiR MATTER
The Constsbls's office Must Attend to
Justice Court Business
Prisoners Az Rsqulrsd to Be Conveyed To
and Prom the County Jaii The stat.
utes en- the Subject 0lven
constable Harry Johnston yesterday

Constable Harry Johnston yesterday
received from Deputy District Attorney
James an opinion as to the legality OF
his contemplated action in refusing to
take prisoners from the county Jail to
the city justice courts and return them
after disposal of their cases. AS stated
in The Herald yesterday morning Johns
ton claims that his fee of 25 cents for
handling a prisoner will not compensate
him for the trouble incurred and time
required, hence he took the ground that,
Is the sheriff had the men in his GUS
tody he should convey them to and from
the courts. The police force have moth
ing to do with prisoner after he is once
turned over to the sheriff, so they can
not be expected to in any way inter-
fere.
Johnston made an appeal to the dis
trict attorney in the matter and asked
that his duties in the premises be de-
fined. Yesterday morning he received
the following from Mr.. James, which is
self explanatory. Harry now says he
will take the case into court and fight
1t out The opinion reads:
"In response to your inquiry as to
whether or not a constable may be re-
uired to conduct and bring to and from
the county jail to the courtroom of
Justices court, defendants during the
various stages of and pending eXamina-
tions upon felony charges, the following
1s submitted:
'The sheriff is an officer of the super
Tor court and a constable an officer of
the justice courts. Section 4176 of the
political code, prescribing the duties of
the sheriff of county contains the fol-
lowing language: The sheriff must at
tend all courts, except justices, probate
~.I ,rfc % l,Ast nDtf Nrn
terms and obey their lawful orders and
directions
"Section 4314 of the same code. pre-
scribing the duties Of the constable, is as
follows: Constables must attend the
courts of the justices of the peace within
their townships whenever so required
and within their counties execute, serve
and return all processes and notices di-
rected or deliverd to them by the jus
tices of the peace of such counties, etc
1.-The constable, therefore, being the
officer of the Justices court must, upon
direction of the magistrate, go for and
bring to and from the county Jail pris-
oners for examination upon a felony
charge, and If he fails or refuses'to do
so he may be undoubtedly punished for
contempt of the orders of such court
The fee bill provides for fee to be
paid to constables for such service. but
e makes no provision for any payment
TO the sheriff for work of that kind.
Therefore if the sheriff is to be compell-
ed to take prisoners to and from Justices
courts, in this city. he may also be re-
uuired to attend the Justices court at
Calabasas with as much reason and yet
he cannot collect cent of fees for his
trouble and expense. Constables are al
lowed their mileage and can perform
the work generally without inconven-
fence or expense to themselves.
You are, therefore, advised that 1t is
your duty to obey the orders of the
Justices of the peace in the courts within
your township and to conduct from ana
return to the county jail, upon direction
of this magistrate, all prisoners or de-
fendants charged with felonies.'