Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-12-22
city Waste.

We proceed now to other items of expenditure
which needs the application Of the scalpel' and
shall first refer to the costs paid by the city TOT
prosecutions in the county. Any party who thinks
himself ACHIEVED by the judgment of the Alder
man. under the city ordinance, has the right OF APP
neal to the county court, provided he is able to
give the requisite security These appeals literally
crowd Inc docket of the county court, andf they
are sustained the city has to pay the whole costs
Of the proceedings. At the November term Alone
of the county court, there were dismissed by the
court upon notion, at the cast of the city, % OF
these appeal cases, because Of fatal and gtHr'Hg
defects on the face of the warrants issued by the
Aldermen. In these cases there was no trial on
the merits as the prosecution could not be sustain
ed, because of the defective warrants. The costs
incurred by the defendants alone, which the city
has to pay, amounts these cases 10 Sl42,67, be-
sides her own costs to the Clerk, the Sheriff, the
Sergeant, and the Aldermen, and her witnesses
amounting, we should judge, 10 much more than
the above amount, and We suppose that the Alder
meu's charges in the above cases will be paid by
the city, instead of making the Aldermen them
selves who issued these warrants, pay the entire
costs resulting from their ignorance, carelessness
and stupidity. What are the annual costs to the
city from the causes alluded to we have no means
of aScertainiDg. -
We advert to these items for the pupose, in part,
OF calling the attention OF the public to the prac-
tice as it now stands. Under the present practice.
any drunken oaler can use the name of the citf Of
Wheeling for the purpose Of getting up Prosecu-
lion, to crafty his love Of action his personal
feelings. lie is not responsible for costs, while
"a he fol afn In
a conviction, the city "poys the pipers," Alder
men, Sergeant, and all; and the vagrant can march
away to hunt up fome more promising subject on
whom to manifest his W6iOtisW. Now we insist
that practice is ruinous, alike TO the finances and
the wellbeing of the city. 1t promotes frivolous
and vexatious prosecutions, and promotes city ex-
penditure. If the prosecutor were required to
give security for costs before borrowing the loan"
ofthe ciiy's name, and if the aldermen and officers
were allowed no fees, whatever, against the city,
the tendency wouldin every respect be for the real
good and well ordering Cf the city. But unless
some such change be made, no one can see TO
what excess of petty prosecution and countless
expenditure the city may not be led, by thus hav-
ing any one individual as the guardian of her cri-
minal proceedings.
we advocate then the taking of all fees against
the city from thu officers and Aldermen. Let them
have just compensation for their services, but
mere; and we doubt not but that proper examin-
ntion will develop the fact that the perquisites of
their offices will amply pay them, and permitthem
as do the shers and clerks for the State, to work
for The city for nothing. Bu above all is it essen
TALLY necessary that irresponsible prosecutions
should be put down; that the city name, involving
the city pocket should not he at the mercy of eve
ny one who CHOOSES to abuse it for his self
ish ends.
There may be some cases in which no PrOsecu-
Tor would come forward, and which should be pros
ecuted In such cases let the city attorney or the
Mayor be authorised to direct prosecution in the
namc,of the city,ib lend not her name to every
one who chooses 10 use it at her expense. Let
her not endorse her name in blank, to be used by
every one who will stoop 10 pick it up.