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Show The Can ill and Case. LAKirrow.v, Eirn Co . Utait. Ju!y 24tb, 1S7'J. Editors Herald: In tho late Candlar.d usurpaiion caao waa JuaticB CandUnd found to have sentenced tu imprisonment lor an ofleoso not so punishable by law ? did he sentence to jnger term than prescribed by law ? or did the honorable honor-able jufle of the dutrut court bold that under no circumstances is a ustice of the peace legally emoowered ; to sentence to imprisonment? From the remarks in yourpapc.-il ( appears to be concided that Justice C. exceeded ni3 authority, but I Ittiltd to discover just in what respect, re-spect, and bave since hoped to see more in tiie Hkiuld ia reference to said cane that would clear up everything every-thing obscure about it. Juatices of the peace in the rural districts are eomeuuiea placed under ombarraasiDg circumstances. Aimoat wilhcut an exception they are men tri-ed to toil early and late and about all the time to tend to their farms or ranches, upon which they depend (or the support of tbeir families, and therefore have little or no time for study, even when possessing the ueceesury books, which, doubtlees, 1 not one m a hundred does, and about all the opportunity they have of avail-lug avail-lug themselves of the knowledge or experience or tho belter informed, or of the opinions cr decisions of ' those having the power and authority 1 to p 189 upou tilt ir doirjEN is by reading in tur newspapers what ia pub" hbhed in roterenct. in the same; therefore I wcu.d Migest thut when any case is disposed of by one of our district courts, involving principles specially applicable to justices' courts, the dime bn published in at Uaet yi;iir eecii-weekly issue in a manner to clearly impart the necea ary information for rural justices, uh the latter, where casts come before them seldom if ever have Uip assistance assist-ance of learned attorneys, or the time to tako much more than hurried glance at our statutes thought to be applicable to the cate pending. It may be sfrid that no one not fully qualified to safely uodeitake the diachargo of the duties of a juatice ol the peace should accept of that office, but in that event much of the rural portion of our territory, and quite unci;- iuh Htiixio oi toe otner territories terri-tories or of the slatea even, would be without such magistrates, because a oapable lawyer, so reduced in circumstances aa to bo compelled com-pelled to try farming for a living, would be so broken in spirit as not to wish it even to bo surmised that he had ever understood theleast thing about law, or if a prosperous farmer or rancher, be would not de-siro de-siro to be troubled with the petty, though sometimes responaible duties of a J. P. Asa rule, no man accepts i that position in a country place from choice, but as a patriotic self-sacrifice, or a neighborly accommodation only. Should a district judge be supposed or even known to be an ass as re garda b'a rulinus, opinions or deci-aions, deci-aions, it nevertheless beboovea a patient,ox-like jua'iee of the poaco to, if possible, steer clear of tho heela of the ass aforesaid. Respectfully, W. P. Nebeker. The above communication, with others on the same subject, were mislaid mis-laid during tbo pressure upon our columns at the time of its receipt. A brief statement of the offense, or series of ofiensea, for which Mr. Candland was convicted, U as follows: A fight was going on, and being reported re-ported to him, he arrested the combatants; com-batants; then, as city magistrate, he tried them, fining one $5 lor drunkenness, drunk-enness, we believe, and tho other $25 for fighting. The latter proposed pro-posed giving security for the payment of the fine, but the juatice refused io accept aecurily, and committed the oflender to jail. Afterwards After-wards an effort wis made to appeal from this judgment, but this tho justice jus-tice also declined to allow; for all of which he was duly indicted, tried, convicted and fined for the assumption assump-tion of powers in which ho was not warranted by tho statute. i |