The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-08-04

bailiff. The next item is as to the pay
ment of witnesses. To filing forty-tnree
discharge Of witnesses, at ten cents, S4Su
To drawignf0a fl eta, dobonigmscouFItee
To drawing Of affidavit for attendance
and mileage, Is cents per folio; to attach
ing jurat Is cents each. and OF attaching
seal 20 cents each. Ten cents for fling
the same, Is cents for certifying TO the
county commissioners, and IS cents for at
taching jurat and seal. making total or
s1.30 for each witness. that is to certify
10 mis- nay. Some Of them perhaps did
not get over dollar. The Sureme court
of the United States condemned this
practice in the case Of the United States
VS.. Kin, 147 U. S. GIG. IN very strong Ian
guage. AS the county is notl liable for the
witness fees either for the territory or
for the defendant. II would not be liable
for any cost by reason of certifying the
amounts down TO the county commission
ers. The item 81 80 for dischargng forty
three witnesses, the item of So. 80 for draw
ing affidavits and the item of $50 for at
taching jurat, are all disallowed. Draw
fng orders disallowed. All these items are
disallowed, amounting TO s74.SO The
county is not liza BILE for these witness fees
and the county clerk will not be allowed
to pay them. The Supreme court has
decided this question. Hereafter they
will receive no certificates. Under the
present law it will work inarlships on the
witnesses, but the court cannot make the
law 1t is hardship on all alike. When
these matters come before me 1 must con-
strue the law as it is. and allow the re-
sponsibility TO fall where 1t will. 1t was
no doubt great hardship to bring these
witnesses here from Pawnee county, but
the law is plain that the county is not
liable for these costs and it is the duty
of the court to constrle the law as it is
until modified or repealed.
The next objection is to Jury certih-
Gates. Provision is made under our sta
tute for various fees. Here there are
number of items similar to those for wit
ness fees. There is no law authorizing
the issuance of certificates. Under the
Nebraska law clerks have right to
charge for them. Under the present law
II is the duty Of the clerks to certify the
attendance TO the board of county COM
1ndssioners. He is 0 swear them to their
accounts and he receives certain pay for
certifying these claims down 60 the coun-
ty board. 1 have therefore allowed for
these services % cents, instead of Sl.30.
That is fees for administering the oath
and filing the same. I believe that covers
the various items except what is known
as contempt proceedings. In this case
the court issued attachments for five wit
nesses. That is not a proceeding in con-
tempt. That is in the nature of summary
proceedings; it is to have the party
brought before the court and show cause
why he has disobeyed the process Of the
court. If the parties appear as they did
in this case, and give good reasons why
1t was impossible for them TO obey the
process of the court, it is not proceed
ing in contempt These parties showed
good reasons why they were not here,
and the court promptly discharged them.
If the reasons were not good, and the
court ordered the clerk to docket the
cause, then it would be properly a pro-
ceeding in contempt. Docket fees were
charged. These cases were not heard,
and of course the county would not be
liable for these costs. L mold that they
are simply allowed for the issuing of the
attachment I have reduced these five
cases from 1885 to s745. This covers all
the objections, I believe. The amount is
reduced from $244.45 to $3.50. which
amount is hereby allowed. The county
clerk of Pawnee county will be directed
to forthwith issue county warrants drawn
upon the county treasurer for all these
costs as allowed and audited by the court.
including the various fees of the sheriffs,
bailiffs, board bill of the jurors, court
crier, stenographer. and the clerks costs.
The county clerk is directed not to pay
any of the witness fees for the territory
or on behalf of the defendant.
What VIII Become OF Chinas
None can foresee the outcome of the