The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-08-03
COUNTY NOT LIABLE
For Costs in Criminal Cases,
and Why.
"EQUALIZE" Is DEFINED
1t Is Shown That it Just
Means TO EquaIize."

/
| opinion Of far-reacling Importance to
every county in the territory, especially
| those counties that are struggling under
burdensome debts Is that handed down
by the supreme court denying the liability
of the county for the payment OF witness
fees in criminal prosecutions.
The first legislature passed an act
wherein they prescribed zee of $3.50 per
day for witnesses attending before any
! court judge or criminal and making the
county in which a criminal prosecution
was instituted liable for fees Of witness
for the territory, in the event that such
fees were not paid by the defendant or
prosecuting witness. No provision was
made, however, for paying the fees OF
witnesses for the defendant IN crimina?
cases.
The legislature of 1895 repealed the fee
and salary law of 1890 and enactal a lew
statute covering the entire subject matter
of fees and salaries for officers, jurors and
witnesses, with an express declaration
that the county ehall in no event be liable
for such fees This act was repealed by
the legislature of 1897, which provided for
the payment of witness fees or with SUE
intention at least, but there is no eApres-
sion or implication authorizing the county
20 pay the fees In the syllabus Of his
opinion Chief Justice Burford says:
"A county is an involuntary political
and civil division of the territory, created
by statute to aid in the administration CT
governmental affairs and possessed &C
portion Of the sovereignty. AN the DOW
ers with which it is entrusted ara the
powers OF the sovereignty which created
It, and all the duties with which II is
charged are the duties of the sovereignty.
II is only liable for such obligations as
the legislature has imposed or authorized
it TO create, or such as are necessarily
incident to the objects of its Great ton.
costs are unknown to the common raw
and the sovereignty neither took nor paid
COSTS and the territory is only liable for
such costs when such liability is expressly
created by statute.
IA county Is not a party to a criminal
prosecution and is not liable for fees of
witnesses attending before the grand jury
or. a court in a criminal case in the alb
sence of a statute imposing such liability.
There is no law in the territory making
a county liable for the fees Of witnesses
required to attend before the grand lIry,
or in criminal cases in any of the courts.
1.-The policy or wisdom of Jaw requir-
ing witnesses to appear and testify IN
criminal matters without mrensatlon
are questions for the consideration os tie
legislative department and not for the
courts
EQUALIZATION DEFINED.
In view of the widely discussed powers
of the board of equization. the courts
definition Of the term "equalize' will be
of interest. In the syllabus of his opinion
in the Elaine county tax case. Chief Jus
tice Burford says:
'sThe word equalization is here used in
its ordinary and common sense, and has
no technical meaning. AMI where the Jaw
makes it the duty of the county board to
equalize the assessment rolls and pre-
scrfbes no method to be adopted, the board
may adopt any reasonable and just
method and II on examination OF the
several rolls the board should be % the
opinion that some Of the townships are
assessed too low and others represent an
assessment of the true cab valuation of
the assessed property, such board may
adopt as a basis for equalization ths as
sessment roll which, in their judgment,
most nearly represents rue cash valu-
alton, and may add to OF deduct from
the other townships such per cent rs VIII
cause them to conform in valuation to the
one adopted as basis. and such method
will be within the powers Of the board 20
eQualize the assessment rolls of the sew
eral townships, Notwithstanding such ac-
ton may either increase or decrease the
aggregate valuation as shown by all the
township returns"
In the same opinion the court says!
The law requires all property to be
assessed on its true cash value, ans the
board of equalization in exercising 'ts
powers of equaiizlng the various assess
ment rolls has no authority to increase
the valuation of the property Of any In
div!dual in excess OF its true cash vame,
and if SUCH excessive valuation results
from said equalization court of equity
VIII enjoin the tax levied on the excess
where the amount OF tax due on the true
cash valuation IS paid or rendered before
suit is brought. A court Will not cripple
A municipal government by enjoining its
revenues on the uncertain and speculative
allegation that the authorities will mis-
appIv the funds when collected. court
Of equity can prevent such misenief q,
the proper time on application to enjoin
transportation
The bare aEegat ton that the county
board has fraudulently contracted Nabil-
tiles in excess of the per cent limit. 5
not sufficient grounds upon which 20 en-
toin the co,ssction OF a tax for general