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Police Court

Police Court image
Parent Issue
Day
9
Month
February
Year
1877
Copyright
Public Domain
OCR Text

-In an editorial of last 1 week's Aítaus " Bro. Pond " has somethin to say relabve to a proposition for a pólice court and he takes especial pains to -coudemn tke proposed plan without knowing anythint, about ït, aud I dare say, without any knowledge of the amount of businesa uow transacted by the justices of this city. " He dou't tliiuk the population will justify it, and thmks we had better leave well euough alone." Now, Mr. Editor, with the exception of certain purties who are especialiy interested, he is the first person I have heard opposo the necessity of any such change. But in order ta show why such a 3hange is needed let me stute the plans as now proposed. There are two, viz : First, a pólice court to have exclusive criminal jurisdiction, making the Becorder Pólice J ustice, thus conibining the two offices at a nominal salary of 1,000 to $1,200 perannum ; and he to make out monthly bilis against the county of Washtenaw tor services when rendered for violation of State laws, the same to be paid by the Board of Supervisors into the city treasury. Secondly a municipal court of daily sittings, with a íudge whose salary shall be il,ö00, or 2,000, and the Recorder clerk of the court. The said ipai court to have exclusive criminal aud civil junsdictioniD this city, thus taking all judicial powers f rom the justices. Now the people aak will the change be economical ï Let ua make a few figures. There ara at present three justicea ia this sity and upon careful examination I find they do an annual business, criminal and civil of 1 300 pagea of docket. I find $2 50 per page a 'fair aT01Lg? „;. thu maling the expense to the people fi,o00 per aunum. Now, for Í2.S00 a municipal court can be carned on, and I venture to say that where we now have ten appeals to the circuit eourt we will then have not to exceed one. This f act will become evident when we consider that asalarien judge will not dlcker to one party because he f eels the more sure of hls tees from that party thin the other. And again, Í500 of these expenses will come back from the county in the shape of criminal tees. Ufcourseit must be understood that parties must give security for costs before proceedings are commeuced, and that the fses denved are to be paid into the city treasurv. If fnend Pond will cali on me, I will "demónstrate the case to him most satiafactorily; that eitner of the proposed plans is a decided improvement upou the present system, and a decided sa ving in the end. It must be evident to the most 3tupid person that ït is economy to have the workiugs of our courts where they can be watched, and that a court of record is infinitely better than a system which no one can watch, or which, at least, no one takes the pains to watch If he, or any one, will take the trouble, he or they may readily find out that there is the broadest room for deceptlon in the present manner of conducting our justice courts. Ann Arbor, Feb. 1, 1877. We may bei" most stupid person," nevertheless we must confess that we can neither see the necessity or the " economy " in either of the proposed "plans" or courts. Working backwards we will flrst dispose of the second plan, " a municipal court with daily sittings," etc, " to have exchisive criminal and civil diction in this city, thus taking all judicial powersfrom the justices." It is quite aufficient to refer our friend " C. J. K." to the following constitutional provisión, seo. 18 art VI: " In civil caaes justices of the peace shali have exclusive jurisdiction to the amount of one hundred dollars, and concurrent jurisdiction to the amount of three hundred dollars which may be iucreased to five hundred dollars, with such exceptions and restrictions as may be provided by law." The civil jurisdiction of this new municipal court tnen cannot be made to extend over civil cases involviug one hundred dollars or less, which inciude at least nine out of ten of the cases ever brought in a justice's court. It would then be, in civil csses, only parallel to the circuit court. And neither necessity nor economy will warrant auy such municipal court. As to a pólice court having exclusive criminal jurisdiction there is not criminal business enough to warrant such a court. The three justices of thig city received during the last fiscal year, from the county, $755.39 for fees in Criminal cases. The fees received on criminal cases brought uuder the city ordiuances will not aggregate one year with auother $100, and ought never to aggregate'that sum ïf proper care is used in bringing suits and in takiug security for costs. These figures f urnish posi tive proof that a pólice court would be a burden to the city, and a burden without guarantee of either better ofticers or a more intelligent administration of the law, we see no reason as yet to change our opinión that we have already courts enough. - " G " returns to an attack upon the Aeaus (in the Regnter), we should say upon " Mr. Pond," for it seems to be an individual and not a journal the advocates of a pólice court are after, but fails to show any reason in favor of the establishment of another court. A pólice court can have no more jurisdiction thau the present courts, a pólice court act cannot make any act of a recorder or other officer a miademeanor or prescribe the penalty, and a pólice court, therefore, does not afford the necessary protection or perfect' the charter. This is the oue issue. If the charter or statutes do not make embezzlement or defaulting a crime, or prohibit an officer not a financial officer receiving and disbursing public mouey on any pratense, getting it into his hands and converting it to his own use, that is the direction in which legislation is necessary. No provisión of the charter, and no ordinance, now authorizes the recorder to receive and disburse moneys, and if the Council has rested in peace and seeu that officer take, handle, and misappropriate moneys year after year, what will a prohibitory clause be good for? We repeat, that the Council is master of the situation, and can make all necessary ordinances concerning the public moneys and the keeping of Eiccounts. If too much executive 3uty Is impoaed upon the Council or its members, or too imall salaries paid to executive officers. tbose re otlier questions.. Let us dispose of one at i time. " G " disclaims all knowledge of a scheme to restor the three collectors of taxes, puts nimself on record against it, says he ia advised : ihat no such amendment is coutemplated, and isks " would it uot be well for Mr. Pond to be ' better informad of his facts before he attempts to enlighten the public 'i " We had our iuformation from a good source, in short the city treasurer told us that such was the plau and that several members of the Council had solicited his opinión as to the desirability of the change. - In this connection we will refer our f riend " G," we have no doubt that he is our friend, to act No. 131, sessiou laws of 1875. Can he desire any more iron-clad act.

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Subjects
Old News
Michigan Argus