The herald., 1897-05-16
DECISION AGAINST M'KEEBY
OLD SOLDIER STARK FOUND IN
NOCENT OF MURDER
But, Being Crazy, He Is Sent to High
land-How Deputy AL White
Captured the Ruiz Boys-A
Watch Recovered

At periodic intervals there has arisen
in the past a dispute between the city
attorneys office and the district attor-
ney regarding a certain point OF sgai
procedure. 1t has been contended in
behalf of the city that the duty OF pros
ecuting "all' cases tried in the courts
of the city justices devolved upon the
district attorney, and that a deputy
from his office ought to be in constant
attendance in the city court On the
other hand the district attorney has
maintained that WITH all cases of mis-
Cemeanor, OF which the city has ex-
elusive jurisdiction, the district attor-
ney's office has nothing whatever to do.
In such cases the fires pass into the city
treasury and it is manifestly absurd
to ask the county to go to the expense
of prosecuting cases which belong who'll
ly and Solely to the city, and from which
the city reaps what benefit may be OBJ
tained in the way of fines. or course,
when a city justice sits as committing
magistrate in a felony case the district
attorney has been present, by deputy
to prosecute the charge. and no differ
ence of opinion has existed upon that
point.
In large measure the misunderstand-
ing has been the result of a precedent
established which has been declared
wrong For a time one of the deputies
from the district attorneys office at
tended to the citys business, but as
the county cases increased it became
ai Iar n ipr the if
CT the district attorneys Office or else
stand by what is strictly legal. and
take the deputy from the city courts.
The first could not be done. for the
simple reason that the law provides just
how many deputies the district attorney
shall have, and so there was no alterna-
the city courts. This action on the part of
the district attorney brought the matter
Of the city attorney brought the matter
that heretofore had been argued some
what as an abstract legal proposition
TO focus. In order that some definite
understanding might be arrived at,
District Attorney Dcnnell wrote to the
attorney general of the state. asking
for his opinion upon the matter. Yes
terday a reply was received, of which
the following is copy:
ATTORNEY GENERALS OFFICE,
State of California,
San Francisco, May 49, 1897
John A. Donnell, Esq, District Attor-
ney of Los Angeles county, Los Ange-
les, CAL: Dear Sir-I am in receipt of
your favor of recent date, in which you
request my opinion as to whether or
not it is your duty to appear either in
person or by deputy in the police courts
OF the city of Los Angeles, established
under the act known as the Whitney
act, approved March 81, 1891, other than
in examinations before said police judges
when they are sitting as committing
1 have examined the act in question
and also the laws of the state relative
to the duties of district attorneys. and
am of the opinion that under the pres
ent laws you are only required to ap-
pear before the judge of the police court
when he is sitting as a committing mag
istrate, as provided in subdivision of
section 156 Of the County Government
act of 1893 (Which is still in force) rea-
tive to the duties of the district attor-
ney as the public prosecutor, which sub
division requires the district attorney, as
sucH puDIlc prosecutor, to institute
proceedings before the magistrates for
the arrest of persons charged with or
reasonably suspected of public offenses.
when he has information that any such
offenses have been committed, and for
that purpose, when not engaged in GRIM
inal proceedings in the superior court,
DR. in civil cases therein, on behalf of the
people, must attend upon the magis-
trates in cases of arrest ;"
(Stats. 1893, 3S1) Respectfully,
w. r. FITZGERALD.
Attorney-General.
1t will thus be seen the attorney-gen-
eral has sustained the district attorney
In the position he has taken, and that
henceforth the city must prosecute all
those misdemeanor cases which ex-
clus'ively pertain to it. At present City
Attorney Dunn has two deputies, but
If the census should prove the city to
have over 100000 Inhabitants then un-
der the general law of the state the city
attorney Will be entitled to four depu-
ties.
ALL RIGHT MENTALLY