Evening journal., 1903-11-25

have therefore uisulloWtu HNl olAfBfs
where have not found evidence indepgn-
don't of tho Justice and constable Of the
facts of the service of the warrant the
arrest of the defendant and the drial of
the case. Tho statue expressly providosl
that each justice "shall keep a record Of
his Judicial proceedings Ia criminal as
well as civil cases. lie shall have power
to adjourn clses on trial before him, tak-
ing security for the appearance qf the
parity complainld against" ADMISSION
has been alade before me by each one Of
ths justices that his record may not and
does not in all Casfs contain a. correct
record of an proceedings beiorq him. In
Hich clscs In the fuiurc. I shall advise
ne d-sllowancc by your honorable body
oi any claim made by a Justice OF the
peace whose record does not comply with
the statute.
| ] have found that II tho Testimony Of
many wtinC Sos bc true thot The criminal
process of This state has been rocl'cssiy
used by Justices of Tho peace for elhc en-
lorcemcnt of civil rghs or the sctilc-
mcnt OF civil Disputes II is not infrc-
quemt 10 have tho opumly charged and
many such charges appear upon the bills
submitted to me for ahe payment of costs
IN alleged criminal prosecutions, the basisl
of which prosecution from a criminal
standpoint o. absolutely uniustined nndl
rniusiihable. ltf might Doe well if the
attendants la yhcse oases knew OF thor
rights ln a ciyh action for false arrest or
malicious prosecution arans' dhe person
making the Charge. Rmi without taking upI
the Witnesses On each ease aud sltiing as
a. magistrate, 1 have been unable dol
separate, an of THESE clses in tho bills
lpfesontd. ] have. however. stricken onI
many Gases of this character I have|
lound'l not infrequcnt for uhe criminal
| lprociss Co be used ln the collection oil
small debts upon the payment OF which
debts the defendants are dismissed aud
tbe costs charged against the county. SO
Gar as I have been able TO ascertain in
lmoat of thesa cases there was absolutely
no ground for "a criminal prosecution.
have IN these clses likewise disnFowed
those where 1 have the evidence which in
my Judgment auuiorzes my doing so.
/ Possibly worsc than any other abuses
which have found in my examination
Ils the one which seems TO be prevalent in
lali of the offices for ghc Justices of the
lpmce TO mark upon the record OF his
lease that B.. has been dismissed md "a
lcharge the county with the costs of such
case, ana sac the SAME time 20 force th,
ldefendant Co pay "a sum of money. whici
lis sometime s,ffrrmcdhnyhnt' and some
times "cosis.' While this practice pre-
wallis TO "a greater cXtcmt in the offices o
= some ofailic Justices than l does n olhar.
n have not found th.et any Justice lM
-aen free from tho practice durl,uc lh
quarier which ! have been cNamlnine. II
some cases Be- has been admitted ahat th
lamounts thus received have been divide,
between the constable and the Justice n,
lcutry has been made upon the record @
such c2ges of such "a transaction, but a
hne stnted, the record shows On eacI
los those cases that the charge was dis
missed and the costs Included in the bill
presented 10 the county. 10 seems difacul
10 comprehend ah1t nho sworn officers q
tNs state should for years uor the cus
tom seems not to be one OF late growth
have In this way prcycd upon the poc
and ccfensoless persons whom IL Shout
be their special duty 10 protect. and hav
under this pretense forced from thei
sums Of money which were in most case
taken from the scaniy pay of those d,
pendent for a living upon "a small daily ,
. """ihHN NHiN'F 4 NAVE WA course UINUNIIUW
cd any claim made I'm such cases.
There are matters Ia addition 20 an
above disclosed by my Investigation whic
more properly faii within the iurisdiotio
Of another branch OF the government. D,
so. far as the Investigation has served
throw any light upon the matters presen
/ ed. TO me, % has received my attention
] 1 cannot, however, close my report will
z out calling the attention OF your homo
able body to the condition OF tho Ia
! which makes such practice possible. IL 5
j OF course, impossible for mo or for ,1o
r TO Investigate each case. with an of 1
! circumstance, in which % justice or
z constable may render "a bin for sorvic,
/ performed as against tina county una,
e. the present system, and I earnestly re-
b ommend 10 your honorable body that n
Legislature of this Slate may bo reaies
T ed 70 have Dts system so changed as
, make the future free from these aif6cu
ties.
4 Ny attention during the investigate
I has been frequently called TO the IA
! thirL custom Is claimed as the warrant n
what has been done IN tncse offices.
] course On the administration OF the IA
as ! lind % have nothing to do with su,
S custom, and any effect o. may have un,
my recommendation is one SOLELY 4
. your honorable body to pass upon.
All OF which IS respectfully submitte
2 George ID. Kelly, Comp,roller.
November "a 1903.
= Nahcr IT. Hayes. after stating fbat !
and Mr. Ward represented the marf
r ira. thoaeht fiicy should have fine II
70 portunly 20 present their side of H
e case before any action was taken bv III
o court. lie claimed thal they had be,
= denied the right TO hear the evidence
S The Investigation adding that they d
r sired to examine the report.
@ COMPTROLLER Kelly here declared III.
e ne mad no knowledge Of either Mr.. Hay,
r. or Mr. Ward being denied shis right.
y The comproler's report has caused
e great deal Of discussion among the mari
trates and constables. Magistrate BRA,
J. ley evidently looked upon the mauter
q joke. When seen last night tho magi
n trate said:
r "Nhy the whole thing Is 50 ridicuiot
e we cart qu,t laughing long enough to CO
a liect cur Thoughts"
a. Magistralc We'll when sccn. said he Ia
c not cecidcd what action TO laxc, but a,
O dei chat he supposed hc would follow IN
IS lr.an OF The Others, Nhatcvcr may be.
itl Lucus G.. JONES. Constable for Maei.
j. trate Hollis said thut ne would no, *
). lcept Ills warrant as at stands.
e Rothehids &C. Cigar,
MI Put up for the holiday trade in 25
J. boxes. Sl.5Q. Durstein's.