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Show M LEGISLATION IS I0TJECESSART Opinion of Assistant City Attorney Attor-ney Daly on State Case Matter. MUNICIPALITY ENTITLED TO FAIR REMUNERATION Otherwise, Mr. Daly Says, the State Cases May Re Refused. In the opinion of Assistant Cit3r Attorney At-torney P. ,7. Daly no now- legislation is necessary for tho citj to sccuro tho propert remuneration from tho state for tho handling of stalo criminal cases in tho criminal division of tho city court. All that has to bo done lo secure the proper remuneration from the stato is for tho judgo of tho criminal crimi-nal division of tho city court lo refuse re-fuse to accept such cases unless tho stato "comes across," Mr. Daly thinks. Mr." Daly has searched tho statutes and finds no legislation (hero compelling compel-ling tho citv criminal court to accept a state case unless remunerated, thorcfor tlio same as in justices' courts. Tn ."justice ."jus-tice of Iho peace courts, tho just-ieo, sitting as a committing magistrate, is allowed to retain a part of tho foes. This tho city is allowed lo do to tho extent of one-half the amount obtained out of state criminal cases, but this docs not amount to anywhero near as much as tho justico courts aro allowod to retain as their remuneration for handling the criminal cases. To Mr. Daily's way of thinking, there is nothing noth-ing in the statutes to provcnl Iho city criminal court from demanding tho samo part of tho receipts, from state criminal cases as the ."justices aro allowed al-lowed to retain. Not Bound to Accept. K the state will not consent to this, then the citv criminal court is not bound to accept stato cases, "in Mr. Daily's opinion, and no bill is required for tho city to got from under. The only thing required is for tho nitdgo of tho criminal division of tho city court, known as tho polico court, to rcfuso to hear slate, cases unless tho stalo .agrees to properly rcmuneralo tho city therefor. there-for. It . is entirely likoly that; tho city council-will instruct tho judgo of iho criminal city court to thus act, but it is probable that the county attorney will bo consulted before auv action is taken. Tho county is highly dissatisfied dissatis-fied with tho present law on the subject, sub-ject, for the reason that it provides that ihe county shall furnish a prosecutor prosecu-tor and pay tho expenses of tho state's witnesses, while the county doesn't, get a cent of the receipts from such cases. County Attorney .lob P. Lyon thinks that Ihe law should be amended so that the one-half of the revenues from stato cases should go to tho county instead of lo the state, since tho stato doesn't bear any of the expenso of tho prosecutions. prosecu-tions. Tt may be that tho city and countv will join forces fo get tho law remedied so that Iho city and connty will bo properly reimbursed for such cases. |