Rapides gazette. (Alexandria, La.) 1869-187?, 1873-06-28
COMMUNICATED.


connected with the wrong done, the tax
payers, in the shape of Fee Bills for servi-
ces in criminal proceeding, arc busily en-
gagged in trying to mislead tho public mind
and avoid the effect of tho exposure made
by me, in my communication published in
your paper of the 7th inst, by referring to
Section 1912, on page 2O4 Of the Revised
Statutes of 1870, % the authority from
where they derive the right to collect tho
said Fees from the Parish. That paragraph
reads a. follows:
"AIl expenses incurred in the different Pa
rishes the State and in the city of New
Orleans, by the arrest, confinement main
tenance and prosecution of persons accused
or convicted of crimes, their removal to
prison, the pay of witnesses, jurors, end all |
expenses whatever attending criminal pro-
ceedings, shall be paid by the respective |
Parishes in which the offences charged may |
have been committed, such expenses shall |
| be paid by the Parish Treasurer, after an |
account thereof shall be duly certified to |
| be correct by the Clerk of the Court and |
the presiding Judge thereof"
Now Mr.. Editor, doubt not that there
are parties who receive no pecuniary benefit
from the payments by tho Police Jury of
Fees in criminal matters to the Sheriff and
Clerk, who believe that the above quoted
Section in the Revised Statutes, authorizes
tho Police Jury to pay these Fees. Nocen-
sure upon those who honestly differ in
opinion with me upon this subject, was in
tended in the remarks made in my pre-
vious communication. only say that
think they are mistaken in their conclu-
sions, and that am convinced they will
admit their error, if they will give to this
matter the same examination and reflection
that l have
I was familiar with the Section of the
Law above quoted when wrote my former
communication, but did not refer to 1t
Z particularly, because it looked like an alb
surdity to occupy time in explaining the
difference between the terms fees and erpen-
ses, nor can conceive how any one can say
} that expenses and fees are synonymous
forms. If the Sheriff purchases lock for
the Jail, that would be an erpense, which
the Parish would have to return to him. If
! he was require to execute convicted muir
( derer, he must necessarily have gallows
| erected, which would be an expense to be re-
/ imbursed, but he could not claim fee for
a placing lock upon the Jail, nor for en-
a ploying mechanic to build gallows.-
4 But the law itself leaves no doubt upon the
: this subjec. The fee bill in the same book
: and also in the acts of 1870, specially sets
a forth, what fees these officers are entitled to
charge in civil and also in criminal cases
and it explains the Section above quoted
= by express mention of the expenses to be
Q paid the Sheriff in criminal matters:
1 "For executing persons condemned to
i cspital punishment, S25 90 for transpor.
tation Of prisoners, six cents per mile; fol
t Jail expenses, sixty cents per day, &c. Eve.
Q ~ Sheriff in this State shall be entitled to
# one hundred dollars per annum as q compen.
r, sation for their services (fees) in matters o.
n . criminal nature"
If there was any doubt about the law
admitting there was conflict between tbs
fee bill and this Section of the Revised
Statutes, it is a we'll known rule in ON
Courts in constituting the law, that if Their
be an apparent difference or contradiction il
different acts upon the samesubject matter
II they give the effect to that construction
. which carries out the evident intention o
. the Legislature. And If there be two differ
+ emit laws of the same date upon the sam
:, subject, the one which is explicit and speci
~ &c in its provisions will be enforced in pre-
70 ference to the other which is less specif
- or doubtful in it's provisions. But there
= no doubt whatever, as believe, nor n
- grounds for difference of opinion as to th
|. law relative to fees in criminal Matters
The Section of the Revised Statutes refel
- ed to above, does not, and was not Intend
:, cd, to confer the power in the Police Jur
- to pay the sheriffs and Clerks fees in Grim
- nal prosecutions. It means exactly whs
it says.
!, "That the Parishes shall pay the erpens
incurred in criminal prosecutions"
u And thefee bill in the Same volume Of Il
- law, expressly denies the right of IL
Oh Sheriff to receive any fees in criminal ma
10 tiers. That there is an itemised fee bill f
DID the Clerk, in the Revised Statutes in Grim
~ nal prosecutions, which expressly provid
's, that the said fees shall be collected fro
"a, tho defendant, and not from the Parrish
III the State" presume therefore that the
On cannot be any controversy as to the illega
no ty of all claims or allowances made by
lo' to the Clerk. The same act provides {
w. bill for the Sheriff, in which is specif
M IN. what shall be his compensation for ssrui'
'a rendered in criminal prosecutions, and cloe
w with provision inficing heavy penalti
NO against him if he charges or receives a
~, other fees excepting these especially en-
'y merated in the foregoing act. Let any p
eA- son examine this fee bill and find if ih
'tl- can. apy authority to charge the Pan