Show COUNTY COURTS AND COSTS the NEWS hue received the the following communication from aurora sevier county under date of july 99 editor deseret news th the following letter has been bent to ou all of the peace in i this hie county please give it space in your valued paper and kindly answer the following questions la Is it the duty of the Tern territory tory to pay all costs in Juide sait and commissioners courts in all criminal action sand if not what are we to do are we to be turned over to the lawless element A criminal oan can get clear into mexico before the county court convenes three justices I 1 ave said ti to me they would issue no war warrants rantA of arrest arres t is they would get no pay following is in a true copy of the courts courtais lis order RZEL D ju july 12 sir ilir you yon are hereby notified that hot he f ta i g order wai wa mede by the county court of sevier county at its regular june term 1895 it is ordered that in all orri criminal ninal prosecutions before justices and united states commissioner commission erm hereafter without special order noides b by the county court the bounly would pay no fees or expenses whatever it was the he unanimous sense of the court that th tin territory is responsible tor for such costs coate by order of the county court 90 it LABIK 01 ark what do you think of that A TAXPAYER replying to the inquiry ulry sa as to whether it to la the duty of the territory to pay day all ail costs in naj actions we will bay that the law jaw of congress Congro qs so provides in the following language in section 2 of what la Is known as the poland bill the costs and expenses of all prosecutions for offenses offe against any law of the territorial legislature shall be paid out treasury ot ol the territory As we understand it tio wever the territory never pays the claims before arjil succeeding Logi being evaded under a territorial statute each county gets the fles fixes imposed upon and isau by Y offenders within its boundaries boun darier and add is required to pay the expense ot prosecutions in cases aria dug dag ja 0 o the county the first breit named provision Is not objected to by the courts but the other usually is ie not king in all cases the object ion nae has been held by the courts I 1 to be good so es the territorial provision is in conflict with the congressi congressional inal statute and therefore is void there Is no doubt that naoh condition is grievous wrong wron but it la is that which exists and the lorisia Lo legislature gisia is the only body lill in the territory holding the power to alter it which could be done to in conformity with the abe quoted As to the order of the sevier bevier county court it ganoot operate as am a bar to lo justices anti and united states commis a loners proceeding in criminal oases basee since jancel the county court has no jurisdiction over them it maybow may however everre re gum face to pay their bille bibs and in several yontl oon tl in the territory does so in ligh urr erly as a a matter of equity the bills to ce settled a proceeding which Is 19 the discretionary power of the scanty court to take 1 ln in the case of united states oom aills sl loen when they proceed la in ori criminal minal crass the united states pays them ad charges the amount to 84 territory hence the he of taking accused persons before commis loners instead ot ol justices of the peace if a trial to Is hold bad and the tille accused I 1 la convicted and fined and be fine the be commissioner or J justice notice may take ex x ceases out and then turn the lo balance alance of albe money looney into the county treasury thus in a few cases asses the justices can got get their pay while in a low few more the are comparatively all right bat as committing magistrates magisto magist raes es the work too often bon to be done for nothing hof can aaa the commissioner or justice olli fety refuse to issue a warrant or in criminal proceedings abow their abre la Is a good showing ina made that a crime bow baa been committed for section if cf the compiled ijams provides that every wilful oa alioa to perform any duty daty on enjoined joined by jaw upon any public officer to punishable a a mis demeanor although the costs referred to are chargeable to the territory the county courts court of several counties cou otlea realize the justice of acting within their diacre awer and paying bills feces sary nary to keep the wheels of the criminal law moving the count counties les got get the benefit of the AGOG paid by offenders offender and therefore several of them are willing to spare a portion for the prose cu tion of offenders rather rat berthan than have there go soot scot free or compel justices juat loeB and cummi to work for nothing this we think Is a reasonable view to take but the appropriateness appropriate new so 0 o Is 18 wholly within the county courts discretion As aa the matter stands the taw law is in in a bad shape arld and were it not or the magnanimity of some gome county courts exercised for the public welfare there might be donger danger of bet being ng turned ver to the lawless elent an a our any fair and efflo efficient lovit court would however bow ver come to the relief of an officer in esses where it wan a urgent to issue a warrant in haste lest the criminal should escape |