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Show BROWN WOULD LIKE TO STOP JUDGE MORSE Arguments on th? petition for a writ of prohibition filed by ex-Senator Arthur Ar-thur Brown to prevent District Judge Morse from proceeding further in the adultery' case against him were made before the bench of the Supreme court yesterday forenoon. The defendant was represented by Judge King and City Attorney Dey and Attorney-General Breeden and County Attorney Westcryclt made the arguments for the Slate. The petitioner's attorneys set forth that the law was not complied with In the matter of the proceedings In the City court. It was argued that tho committing magistrate never secured Jurisdiction of the case for tho reason that tho complaining witness was not examined by him prior to the issuance of the warrant. The State's attorneys represented that the County Attorney is empowered under the statutes to examine ex-amine the complainant and authorize the Issuance of the complaint and warrant. war-rant. The vital question involved in this matter is the construction of the statutes stat-utes governing the procedure ln regard to Instituting criminal proceedings before be-fore a magistrate. Section 4612 of tho Revised Statutes requires the magistrate magis-trate himself to examine the complainant complain-ant under oath, and Section -1615 places upon the County Attorney certain duties du-ties and authority respecting the Issuance Issu-ance of a warrant. It appears that In this case the Investigation prior to the issuance of a warrant was made entirely entire-ly by the County Attorney and not by the magistrate, after which the County-Attorney County-Attorney Indorsed upon the complaint his approvel of the Issuance of a warrant. war-rant. It seems thnt this method has been commonly and generally followed by County Attorneys throughout tho State In the Institution of criminal proceedings. pro-ceedings. In doing so they have acted under what was supposed to be a correct cor-rect construction of the provisions of Section 4615. If this method be held by the Supreme court not lo be a sutliclent compliance with the requirements of the statute. Is will require an entire and radical change In the methods hitherto pursued by the magistrates and prosecuting prose-cuting officers. The matter was taken under advisement advise-ment by tho court. |