The herald., 1897-06-10
BOARD OF SUPERVISORS
DEFINE TIE DUTIES OF THE
DISTRICT ATTORNEY
An Invitation Extended to the Ma
tional Educational Association.
Applications for Licenses

The new county government act ap-
pears to be tangling things up to some
extent, and nobody seems to know just
exactly where they stand. The board of
supervisors have tried to interpret sew
eral sections of the new act, and they
yesterday made hit-or-miss lick at it,
but whether they were right or wrong
is matter at present of purely indivi6-
ual opinion. 1t came about in this way:
District Attorney Donnell filed with the
supervisors communication which. to
some extent at least, is an opinion, which
reads as follows:
Under the present law the police
courts of this city have exclusive juris-
diction of all misdemeanors committed
within the city. An opinion has been re-
ceived by me from the attorney-general
of this state that il is not my duty as
district attorney to prosecute misde-
meanors in the police courts of Los An
geles city. The city charter and ordi-
| nances. as / understand them, require
| the city attorney to prosecute all Of
fenses against the city charter and the
| ordinances of the city but does not, in
express terms, require the city attorney
TO prosecute violations of the state law.
Under this state of facts, there appears
to be no one whose duty it is to pros
ecute misdemeanors before the police
courts of this city. AS a compromise
measure I am informed that the city
counsel are willing to pay one-half the
salary of an attorney to devote his entire
! time to the prosecution of such offenses
Arrangements have been made where
by the services of Mr.. Joseph Chambers
can be obtained for that purpose for the
salary of s100 per month. l am of the
opinion that the interests of Los Angeles
county demand the prosecutions of mis-
demeanors in said courts, and l there
fore request that under the provisions
of the new county government act, per-
tanning to counties of the second class,
your honorable body employ him at the
salary of $50 per month, with the under
standing that the city shall pay him a
| like salary to attend to the prosecution
of public offenses in city police courts.
Il am clearly of the opinion that under
the statute defining the powers of boards
of supervisors in counties of this class
you have the right to make such en-
ployment."
| Under the old act the district attorney
was entitled to six deputies, and no
more, and as the law then stood under
no circumstances could he have more,
| but some one got their fine work in at
Sacramento, and had the little joker re-
moved, so that now the district attorney
is entitled to all the deputies he can get
| But the supervisors refused yesterday to
allow $50 a month for another attachee
| of the office for the reason that they
considered that under certain clauses of
the county government act, despite the
| opinion Of the attorney-general the dis
trict attorney is required to prosecute in
the police courts, and, furthermore, they
were unaware that any additional help
was needed in the district attorneys Of
| flee.
| Section 1872 of the act reads: 1.-THE dis
trict attorney is the public prosecutor,
and must:
81. Attend the courts and conduct
on behalf Of the people, all prosecutions
for public offenses.
80 Institute proceedings before the
! magistrates for the arrest of persons
charged with or reasonably suspected
VI PubiiS oiICHotS, NliSU lie has iILOTlud-
ton that any such offenses have been
committed; and for that purpose, when
not engaged in criminal proceedings in
the superior court or in civil cases on
behalf of the people, must attend upon
the magistrates in case of arrest, when
required by them and attend before
and give advice to the grand jury, when
ever cases are presented to them for
their consideration.
SO. Draw all indictments and infor-
nations, defend all suits brought in his
county against the state. or his county,
wherever brought; prosecute all recog.
nizances forfeited in the courts of rec
ord. and all actions for the recovery of
debts, fines, penalties and forfeitures
accruing to the state or his county"
The first clause seems all inclusive,
and the words "all prosecutions would
seem to cover police court business as
we'll as any other. But later the mag
istrates" referred to are evidently the
township Justices for in the final sum-
ming up all the duties Of the district at
torney are defined as to state and coun-
ty, the city not being included.
But the supervisors thought otherwise,
and now the question is open who is to
interpret the law in the matter-the at
torney general or the board of supervis-
ors.
THE EDUCATIONAL ASSOCIATION
On resolution it was determined thai
the board extend to the National Edu-
cational association hearty invitation
to hold its annual meeting in 1898 in
the city of Los Angeles. 1t was also de-
termined that a copy of the resolution be
forwarded to the managers of the asso-