The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1922-07-16
ABOUT PROFESSIONAL poNpsMTN.

ABOUT PROFESSIONAL BONDSMEN.
There IS no subject concerning which there
IS 20 much misnpprchonson ~ that known
us professional bonding, meaning the practice
'of making bonds FOR profit or Zee, TO this
practice. ana TO those who engage in H. has
been attributed the frequent miscarriage Of
Justice and the failure Of tho law 10 function
adequately In respect to tho criminal clans.
This In serious mistake; perhaps It would
be better to sny that It Is but holt Of the truth
and tho lesser half at that II such nm expression
ls permissible ono can very easily condemn
such n business as commercinli2cd bonding, and
wonder what type Of man would engage In 81.
but the fact would remain. II investigation was
made. that some Of tho best or Mt least most
prominent citizens of the community practice
It moro or less or have done 20 Mt one time or
another
II Is no libel Of the banking business to say
that many banks In times past have acted as
professional hondsmcn II some do not yet.
charging tfcc OF substantial proportions for
their services after having required either coll
lateral security or other form OF security to
reimburse them fully In OF forfeiture.
Similarly It might be said Of prominent citi-
zens that they have boen known to derive
bonds. And always bonds made for the
criminal class because no other class needs
them: or IL another should, he has friends rcady
aud willing to act without cost one of the most
prominent men this community has produced.
who has gone to the very top in national bust
ness not many years ago was barred by court
odlct in the Eastern District OF Oklahoma, from
becoming II bondsmon. The court discovered
,I,t r,f, nj h,uI nm
and derived an income from the business OF
bonding persons charged with crime
There Is no crime In making bond for per-
son charged with an ofrense which the statute
makes bailabe. The right to mako bail is a
constitutional right very jealousy guarded In
the first amendments to the federal constItu-
ton; which oven goes so far as to refuse to the
agents of government tho authority TO exact un-
usual bail. Therefore when legal tribunal
fixes bail Tor a defendant that defendant acts
strictly within the Jaw in se,uiins so"oo"c 20
make said bail, and the one who does become
surety acts as strictly within his or her right
The responsibility for the soundness Of the se-
curlty and all consequences OF tho bail, rests di-
rcctly with the agents OF government and only
inferentlally, II at ALL with either tho defendant
or the surety OF the defendant
Contrary to the apparent general under
standing, It Is not the professional bondsman
who is In the last analysis responsible for the
miscarriage Of justice the failure Of the law
to exact penalty for the intraction of law, but
the prosecuting attorney and the magistrate be-
fore whom the bond is made and the later rou-
tine conducted
Tho law says a certain otfense is hailabe. II
the defendant offers bail, society whole
must look to the presiding magistrate to ascer-
tain that tho bond is good and sufficient and
also cocctahle. unquestionnbly the whole
point turns on the intrinsic worth OF the bond
offered, for the law inpcrotyely requires that
BAH DE fixed and il the amount fixed is offered
I'm proper FORM must be accepted and tho de-
fcudaut given his freedom The character Of
Tho surety and whether he received an homo
rarlum for n.s services, has nothing whatever
TO do with the mottor
The real crux Of the whole matter Is tho
sequel II the dolondont after having made
bond FOR hs appearance AZ a later date, falls to
appear and thus rorfelts his bond tho bond
should Ice formally forfeited and collected IN
fun. II it appears, when this process is fol-
lowed, that the bond ls not collyctablo or that
he surety made oath to property he did not
possess tho remedy IS Instantly ot hand such
surety should himself DO made TO pay tho
laws forfeiture for such perjury. In either
event whether lt Poe "a forfeiture and collection
IN flll Of the bond or pcntenuary sentence
'or perjury In qualifying ms surety one or two
such cases would put sudden end TO the prac-
lice Of careless professional bonding. At all
times the responsibility for tho whole record
and its Consequences rests squaroly on the
prosecuting attorney and the presiding maEls-