Evening journal., 1903-11-25
CHARGE
MADE AGAINST
MAGISTRATES
Continued from First puse)


due course referred to me. and were
returned 70 your body on the 2Sth day
of July last, with the following renort.
ITO the Levy Court OF New cas-
tie County. Gentlemen: ! return here
with the bills FOR Justices Of The peace
and constables in the city of Whining
ton. without my approval An analysis
OF these bills shows the following re- /
markable condition of affairs:
"Of "a total of 643 cases. for which
charges have been made. an were dis
missed excepting 80. making a total OF
$50 cases dismissed. Most of these
dismissed cases were manifestly frivol-
GUS. and in some instances, az least.
no hearings were had although charges
have been made, both by the justices
and constables in each case.
1T viii further be noticed that Ia
large majority of the cases, the JUS
tees were without jurisdiction to do
more than holding the defendant ln a
proper case for the action OF the
Municipal Court. The bills against
the country for these 6i3 cases, which
resulted in action being taken In but
So amount for the past three months
TO $1.137.7f an expense which is
shoclSingly disproportionate 20 the
amount OF the mnnifesty proper cases.
Il have no way Of ascertaining
whether a hearing was had I'm each
case. as an examination of the Justices
records does not assist much IN this
Inquiry.
1T will also be noted that in the
matter OF the number OF suhpoenas,
and the charge made. therefore, the
justices and constables have not been
governed by the fncts. You win notice
In several OF the bills that five SUBJ
poenas have been charged for IN each
case. This Is manifestly not In accord
ance with the facts as it is hardly con-
ceivable that there should be five and
only five witnesses summoned I'm all OF
the cases for which charges have been
made.
1T may need legislation to correct
the abuses TO which I have referred,
but do not see now I can. under the
foregoing facts. approve the payment
of the accounts submitted. Yours very
truly
George ID. Kelley Comptroller"
on the attn day of August. 1902, yoiw
honorable body passed the following
resolution:
Resolved That the bills OF the mag
istratcs, and constables be returned TO
the comptroller with the request TINT
he proceed to investigate such bills
las per the power invested i'm him by
law
Resolved. That the expenses JIM
CURED by said investigation be paid
By this court
"lu pursuance of this resolution.
have been engaged ia making an in-
vestigation into the matters referred &C
lme, during which Investigation ! have
issued subpoenas for pa witnesses ans
have examined and had reduced e
writing the testimony of 81 witnesses
/ have called before me such person
as I have thought could throw am
light upon the questions which / wa
considering. including the Justices q
the peace and constables whose bin
were being Investigated. J have care
fully gone over the warrants an'
dockets kept by the justices and eN
laminod all other papers from which
any light could be thrown upon th'
matter.
IN taking the testimony of witnesses
II employed Stenographers Mary T
Consono and Charles G. Guyer. whosl
reports Of the testimony are heraWin
submitted. ! am also returning here
with bills of the Justices and con-
stables, having strickeni ithorefrom sucl
items as in my ildgment should b'
disallowed. and the payment Of uNicl
do not approve.
MY exdmiration has disclosed "a con-
dillon of affairs existing IN the con.
40 off af A.
mington which Is, ia my judgment
most reprehensible. and while it ma,
have whatever sanction long-con
tinued custom can give it, the prac
ltices are wholly Unauthorized by law
and in many instances positively pro
hibited.
You viii notice that / have disul
lowed the charges. both on the magis
trates' and constables' bills for issuini
subpoenas FOR witnesses, serving sucl
subpoonas. and the mileage therein.
. have been unable to find that durinl
} the quarter submitted for my consid
= GRAFTON any subpoenas have been issue
) as provided by law. I have been I'm
formed. and believe the facts 90 b
2 that It has not been the pracrice 10 is
! sue such subpoenas, notwilhstandin
which fact @ charge has been made !
each case therefor by the magistrat
and for the service thereof by the con
stable.
have found In the bills Of two q
the magistrates and constables n charg
for five subpoonas and five witnesses
! in each case, An attempt has bee
made before me to Justify this on Oh
} ground Of custom, Notwithstanding III
plain statutory requiremnts In the mat
ter. and 7 have. Of course disallowe
such claim. I would further call at
tention 10 the fact that the statute
express in its directions that each sub
lpoena shall include all Of the Wit
nsses named for the same party. not
] withstanding which it has been tn
custom, as 7 am Informed 70 chars
for a separate subpoena for each wit
ness.
! have also found that whore two q
more persons arc charged with the com
mission Of the same ofrsuse by the sam
, complaint. Go has been the custom
issue ana charge for two or more sepal
ate warrants. Including In thcsc Charge
separaae hoariues separate charges "a
; summcninr witnesses and Duplicating ch
mileage claimed by the constable. ! has
disailowed an such charges as I am n
formed thdt there is no reason why the
, canno. be Included in one case and az on
! charge against tho county
While ] have been unable TO Nm.
/ through the powers OF my Office. assistc
by the sheriff and his deputies. more iha
about so per cent. Of the persons (,
whom subpocn1s have been issued ha,
aecertained in many cases that where
defendant has not heen found. st has be.
! Ilha cnslrrl Of Tho cnn.I-Ila 10 raIllrn II