The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-10-07

Not that they suspect for an instant
that any alderman or justice of the
peace would do such thing, but just
to make assurance doubly sure by re-
moving the temptation, the county
commissioners will hereafter require
with each return of a discharge case
a lot of oaths and information concern
ing it, removing thereby the existing
facility for sending in fictitious cases.
They will also, in the future, decline
to pay costs on cases amicably settled.
At present a discharged case is re-
turned on an ordinary transcript and
in most instances all that the tran
script bears is a statement that John
Smith was arraigned before me, an al
derman etc, on the charge of assault
and battery preferred by James Brown
and On account of insufficient evidence,
defendant was discharged" There is
nothing to tell who the parties are.
who the witnesses We're or whether
or not costs were not already collect
ed from the parties. because of the set
tlement being amicabe. Under the
new order of things the addresses of
the parties and all the witnesses must
be given and the alderman in addition
is required to make oath that the dis
charge was not the result of amicable
settlement.
LETTER FROM SOLICITOR.
This decision on the part of the com
missioners was arrived at yesterday
after the receipt and consideration of
the following communication from
Hon. II. a. Knapp. county solicitor, to
| ,,,,, n Cr these
discharge cases:
To the County Commissioners of LaCka-
wanna County.
Gentlemen; | return herewith 2SG tran
scripts. from the various aldermen and
! justices of the peace of this county, OI
! what purport to be discharged cases.
The proceedings in these cases are GER
! titled to by the officers upon blanks which
were prepared for an entirely different
purpose to wit: For the purpose of ccr-
| tifying proceedings where the defendants
were required to give bail. and the proper
changes have rot been made in any of
| these transcripts to make them conform
! to the actual facts in the CGse.
1t will. therefore, appear that the tram
| scripts are not consistent with them
! selves, each case first stating that. on ac-
| count of insufficient evidence the de-
| fendant was discharged and then going
! state that the defendant was required to
give bail. conditioned for his appearance
! at the next term of court.
| Some time ago in written communiC0-
| tion to your Office | disapprovcd of the
| practice of paying the costs of these dis
| charged cases which We're certified on
| these improper blanks, and | am not will
| ing any longer to approve of these pro-
| Ceedngs.
Tho onormous increase in tho numl,, r
| of these discharge cases certainly gives
| rise to strong suspicious that costs are
| being claimed from the county in cases
! where no legal obligation exists. If upon
! the hearing of a criminal case before Il
| magistrate, the parties arrange their dit
| forences and come to an amicablc settle
| mcnt of the case, this should not be re-
| turned as discharge case and costs
! claimed from the county, as it does not
| come within the meaning and intent of
the act of assembly.
FURTHER RECOMMENDATION.
! would further recommend that magis-
| tratcs be required TO give the address of
| the defendant and prosecutor, together
| with the names and address of the wit
| nesses sworn in the case, and to append
| to each transcript an affidavit in the
| following form, to wit:
- being duly sworn says: That he
| is a ---- in and for --, in the county
| of Lackawanna and state of Pennsyl-
! Vania; that a criminal prosecution was
| instituted before him upon the complaint
| of -- against upon "A charge of
-, and that upon hearing had before
| him on the - day of -, a. ID. IS,
| the said charge appeared to him to be uu-
| founded and the defendant was dis
| charged. No costs whatever were paid
| to the said magistrate or constable by
l,st IL
| said criminal proceeding was not set
tied amicably between the parties. by the
| payment of money or otherwise; the said
case was bona fide case, and the names
and addresses of the prosecutor and de.
fendant and of the various witness sworn
| in the said cause appear on the tran.
| script accompanying this affidavit; and
the said transcript is a true and correct
| transcript of all the proceedings had be.
fore me in said case
Sworn and subscribed before me, the
| day of -, IS
| would advise that this affidavit would
be required before any further costs are
claimed or paid by the county upon dis.
| charge cases.
AMOUNT OF COSTS.
The costs taxed in each case is about
3d. but number of magistrates figure
81 end IS as the amount to which they
ard their constable are entitled.
One magistrate alone has eighty OF
these cases and his bailiwick is a ward
of such little Importance that it is no
divided into districts. The costs he had
taxed up amount to over $500.
Susquehanna County Fair.
Saturday the annual fair of the
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