The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-02
AN No Longer Take JOintists
Before Oakland Court.
Bill to Put a Stop to This Now a
Law.
IN THE CITY COURT.
Prosecutions Where the Officers
Work On Salaries.
Marshal May Appoint Deputies
to Serve Papers.

Chief of Police Stahl will no longer
evade the city court and the district
court by going to Oakland to bring
jointists' prosecutions before a justice
Of the peace, and thereby pile up un-
necessary costs for the county to pay.
"A bill passed both branches of the leg
islature, signed by the governor and
published, is now a law which pre-
vents the chief of police from follow
ing his expensive and favorite practice.
The bill provides
Section 5. That all prosecutions
under the laws of this state for mis-
demeanors committed within the city
or topeka shall be commenced either
in the court of Topeka or in the dis
tr1ct court of Shawnee county"
During the time that the justice OF
the peace court in Oakland was pre-
sided over by Justice Disney, when
Stahl was chief of police for the first
time, Stahl brought many joint prose-
cutions before Disney in Oakland and
during his, Stahl's, present term as
chief of police he has gone to Oakland
and brought his prosecutions before
Justice of the Peace Ben Williams.
In taking these tacks Chief StahI
has ignored the city court and there
has been great objection on the part
of taxpayers The city court officers
are on salary and there are no fees
to be paid while prosecutions in the
justice courts mean the piling up OF
heavy costs and justice fees while the
city cOIrt officers are drawing salaries
for the very work they would do il
the cases were not taken before the
justice of the peace courts. Why
Stahl should go to Oakland has been
a question, as cases he brings there arc
usually SO weak they could not stand
the test of a motion to Quash in the
district court.
Representative Bird introduced the
bill, which is now a law, and which
will mean a saving to the county, as
the chief of police will be forced to
follow the wishes of the people.
Another provision of the bill is:
THE marshal of the court of Topeka.
shall be permitted and authorized to
appoint a deputy marshal and one or
more special deputy marshals who
shall have authority and power to
perform any aud all of the duties re-
quired Of said marshal; and said mar
sf1al shall be liable on his official bond
for the act of any deputy appointed
by him This will allow the mar
shall to appoint more than one deputy
when necessary and the sheriff and
deputy sheriffs may be designated as
deputies, but they shall not receive ex-
ira fees
Another provision Of the law is
that whenever it shall be necessary,
in obtaining service of process issued
out of said court of Topeka. in Grim
inal cases, to go outside of Shawnee
county, the judge of said court may
order and require said marshal, by
AlAlSctL OF 0SpuIys 10 20 OUTSIDE Oh
Shawnee county for that purpose. and
said marshal or deputy shall have
power and authority to serve or ex-
ecute said process outside Of said
county and within the state of Kan
sas; and in any such case said mar
shall shall be allowed and repaid by
Shawnee county, the actual and nee
essary travelling expenses incurred and
paid by him in the execution of such
process of said court" This will set
tie the question of the authority of the
marshal to go outside of Shawnee
county and whether the county is
liable for his expenses.
For the past two years there has
been considerable controversy as to
whether the marshal of the court or
the sheriff should receive the warrants
in felony cases. Sheriff Lucas served
many such warrants and the county
auditor held up his claim for fees on
the ground that the marshal should
serve the warrants. The following
sections of the new city court law set
tie this:
Section 7. All warrants issued by
the Judge or clerk of the court of
Topeka in criminal cases, where the
crime charged is a felony, shall be di-
rected to the marshal of said court
and the sheriff of Shawnee county.
''Section s. The sheriff of Shawnee
county shall be allowed the same fees
for serving warrants in criminal cases
in the court of Topeka, where the
crime charged is a felony. under the
laws of this state, as are now provided
by the general laws of said state pro-
viding for the payment of fees to
sheriffs."
-------