New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-09-04


ferers from the tender passion, he imposes
fines, he sits in Judgment on one hum
dred dollar disputes, he levies fines, he
imprisons for contempt, he drinks IN
limited supplies of cheap whisky, ana
sets his eyes upon the crowns Of immor-
tai (the printer will be particular not to
spell that last word immoraD fame. He
knows no law but the one that created his
Office, for he stops short lest he should
find out what his duties are. And this
is the thing which has grown out OF the
inoffensive Office which the public created
to keep peace in small ten dollar disputes.
For the sake Of bringing this matter
down to personal application, which al
ways tells with greater force than any mere
general discussion, we cite the illustrious
| George w. Sadler, of New Orleans, and
the irrepressible Eugene McCarty, of AL
giers, into court as examples. AS the
| first is Democrat and as the last claims
to be a Republican, it will be admitted
that we are fair in our efforts to strike at
an evil, whatever the politics Of the man
! may be who commits it.
These two men are alike in their DISPOSE
ton to swell the power and profits of their
Offices beyond the bounds Of both law and
reason. They assume jurisdiction which
the Legislature never intended they
should exercise, and they charge
such fees as neither former custom nor
law will sustain. The process of JUS
tice in their hands is crippled with ex-
penses, and the Office which was created
for the cheap, speedy and peaceful settle
ment of differences is made the medium
Of costly, delayed and angry harassment.
1t is confidently believed, and We state it
as our belief that correct bill Of costs
was never collected in either Of these
courts, or majority Of the other courts
held by justices Of the peace. In fact it is
roundly stated that the fee bill adopted
by the last Legislature is too low to pay,
and the charges are based on con-
structions that have been given to
the costs as regulated by the revised
statutes. A provision of law is
entirely ignored that offenders shall pay
the cost of their own conviction, or in
default, that the officer shall lose his fees.
And in most Of the cases prisoners are
forced to pay illegal fees for bonds sure
ties, attachments and releases. In fact,
wherever an item Of expense can be add
ed, either in civil or criminal suits, the
court which is presumed to represent JUS
tice is quite unjust enough to assume the
benefit of the A." doubt and take the trick"
But the most extraordinary feature of
this evil is that we are unable to discover
case, where any justice Of the peace
who claimed to exercise criminal
jurisdiction ever read enough Of law
to enable him to discover that the
fines and penalties collected by
his constables were due to the parish
or municipal treasures. Having stopped
reading before they come to the provi-
sion, it never occurred to them to make
inquiry as to what ought to be done with
such moneys. And this is singular, too,
for honest men generally advertise for
losers before they pocket pocket-books
that are picked up in the streets. And it
is safe to say, that the various public
funds in the State have lost thousands of
dollars by this weakness Of the eyes,
or this oversight of the memory, in
the learned pundits who dispense JUS
tee to all hundred dollar or less
litigants. It is not to be presumed that
our lower bench is so stuck up that its
shining lights imagine that the fines and
penalties were levied for the purpose of
satisfying them alone for the abrasions of
the peace and good order Of society.
1t is time that this evil, which has been
growing for years, until now it is an
incubus, should be investigated and
abated.