Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1907-03-30
COURTS GROW WITH CITY.
JUSTICE IN OLD DAYS WAS DIS.
PENSED IN AN EXCEEDINGLY
ELEMENTARY MANNER.
CASES ON THE INCREASE.
Juvenile Court, Presided Over by Judge
Neelen, Who Was First Police Judge,
Is Important Branch.

AS n village grows into IA great city
its criminal courts grow in proportion to
the population, and while this may not
be evident to that innocent and fortunate
class of the people who are never called
upon to know anything about law or
justice. it is patent to every attache of
the court who casts his eye over the
number of cases tried from year to year
More than 1000 cases were disposed of
i'll this county last year, in three courts
despite the fact that just before the
| civil war not one of those courts was in
| existence.
Courts Grow with City.
The development of the criminal courts
| has been in keeping with the city--to
say nothing of the many civil courts.
| Before 1859, when the municipal court
was organized, justice was meted out in
| exceedingly elementary manner. Minor
matters came before justices of the
peace, and more important charges be-
| fore circuit judges. of whom there was
one To several counties instead of sew
eral IN this county, as at present. Trials
| frequently took place at Wauh osha, Ke-
nosha or Racine.
| 1t even happened that it was neces-
| Sary TO take some prisoners to Wau-
| kesha, which was in this county, for
preliminary examination. Il matter which
always comes before an inferior court
In 1861 justice appeared too slow to
an infurlated crowd. which pursued a
negro, Marshall Clark, who had stabbed
and killed Darbey Carney in an alter
/ cation, caughr him. held a session of
| court lasting an hour in a fire engine
house. and then strung the black man
TO pile driver on lower East Water
street
Tangle in Law.
In 1889 the Legislature decided that
| 1t was necessary to have Il new criminal
court i'll this city, and the present mu-
nicipal court was established. 1t first
met i'll the old city hall on the site of
the present structure, and Judge Foote
was the first incumbent. \ legal tangle
arose. with the result that Judge INoote
received telegram from the state cap
! ltol informing him that proceedings were
! illegal. lie thereupon dismissed the case
| before him. discharged the court en-
pioyes, and locked up the doors.
In 1861 James \. Mallory who had
been district attorney. was appointed TO
| NIL the uneXpred term. He STAYED for
almost thirty years on the bench or until
lS9O A painting OF linn now hangs be-
hind Judge Braces chair. Judge Emil
Wallber held the court for several years.
and then Judge A. G. Brace was elect
/ -
the salary of the judge was raised from
| $500 year TO $1,000.
Neelen First Police Judge.
| Duling all of these years the business
OF the court was growing in itnportance
and number of cases. The Legislature
OF 1898 created police court To look
| after petty criminal cases To this office
Judge n. + Neelen was elected In
1901 the court was changed to the pres
| emf district court, over which the same
| Judge presides, and since which time.
justices of the peace have not been per
mltted to try criminal cases
FOR many years the justices. eSpecial-
~ in the towns beyond the city limits.
heard many preliminary examinations
ANA tried MANY petty cases, Now they
can only issue papers which are return
able 10 the district court
At this same time, 1901. also began
| the Juvenile court which is held once Il
week and over which the district Judge
presides. So many eases of bad bows
and girls, truantS and orphans arose
that they occupied an undue space of
| time IN the district court and delayed
more important matters. Besides, it was
becoming a custom of the country to
! have special court for youthful often
days. The salary of Judge Neelen was
raised TWO years ago from $500 TO
$1,000.
Ines Tdlu u county.
Frank +. Woler has figures to show
the growth in the business of these
courts since 1870. for he was elected
clerk of the courts ut that time. The
| first year he paid to the city treasurer
/ in fines, penalties and fees the sum of
N22.5o3. Il: in 1906, S402IT1.34, The CEN
Sus grew at the same time from 204.000
to about 100000 Mr.. Woller's salary,
| however, has LUt grown cent since
| 1891. when it was $1,000.
In 1891 the total number of cases
! tried in the municipal court-the only
one thcn-waS $500. Last year 9l09
eases were tried III the different courts
MS follows: City eases in the district
court, 5i93; state eases in the district
! court, 2S40: Juvenile court, 562; munich
| pal court, oh
All Ceses in District Court First.
All caS.s come before the district court
for preliminary hearing before going 10
the municipal court. City cases far out
number all others. They are charges of
drunkenness, disorderlinesS, conducting
gambling and other resorts. and break
ing various city ordinances of less de-
grading character. such as the smoke
and speeding ordinances. State laws
could be used in some cases, hut it is
customary to issue complaints from the
district attorneys office only on gravcr
charges not dealt with in the city stat
utes. Forgery. murder, enlightenment,
stealing and abandonment are in this
class.
Development of Juvenile Court.
The development of the juvenile court
is perhaps one of the most important
phases of the criminal court work in this
county. Judge Neelen assumed the du
Ties of juvenile judge in addition To those
of district judge. and since the creation
ef the court has disposed of eases NUM-
herring into the thousands. most of which
demand unlimited patience and good
Judgment, involving as they do the fate
of children OF tender years who may be
standing ON the threshold of a career of
crime and who may be saved by the
good offices of the juvenile judge and
prohat ton officers Evening Wisconsin.
Motorman'S Funeral Car.