Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-12-02

llighO De largely reduced by mere uni
formity in the making out of bills, and
further important reductions ought to
be effected through changes in the law,
where it plainly leads to extravaganza
The diversities of construction and
practice in the differentscourts is sur
prising. Take, for instance, the item
of turkeys" Some judges allow the
iailor fifty cents, for bringing prison.
er to court in the morning, and fifty
more for returning him to jail at night.
Others rule that the iailor shall have
fifty cents for every time a prisoner
passes in or out, during trial. There is
a similar diversity of practice about
what constitutes a days board, some
courts allowing full days pay if the
prisoner take only one meal, or, being
jailed late at night is released next
morning after breakfast.
The criminal expenses of 1873 have
been itemized as follows: Ordinary,
Sl22,S70; jail fees, exclusive of David
son and Shelby, S51, 497; Davidson jail
fees, ST., 65S; Shelby jail fees. 500, 1897;
bringing convicts to the penitentiary,
S1O,122, making an aggregate Of S2l7,-
IA. In the matter of bringing con-
victs to Nashville, there have, in the
past, been many gross abuses in the
way of extra unnecessary guards and
overcharges Tor mileage. In May,
1873, for instance, a sheriff claimed
pay and mileage as guards for lis three
sons who come here to see the EXPOSE
ton on half fare tickets no doubt.
The ages of these three boys were
twelve, fourteen and sixteen respect
lively, though the law says distinctly
that guards shall not be under
eighteen. OF course they did not get
any pay from the present State officials.
Under any law, however bad, the
courts of the State should endeavor TO
reach something more ike uniformity
in bills of costs. For this purpose,
as well as to discuss any changes in
the law that might seem desirable, a
convention, comprising a large number
Of the most prominent judges and at
torneys general throughout the State,
met in this city last January, and de-
voted three days Of earnest attention
to the subject. In view of the early
meeting of the Legislature brief re-
view of their proceedings and conclu-
sions may prove interesting reading to
members elect and the people at large.
a committee appointed to investi-
gate what would be proper distribu-
ton of criminal costs, between State
and county, submitted lengthy report
on the second day Of the session. The
committee was composed Of Messrs.
Hickerson, Russell, Williamson, Fife,
Frazier, Caldwell and Newton Hsckera.
We cannot, of course, detail here all the
changes proposed, as few but lawyers
would understand all their bearings.
The most salient ones were the pro-
posed dispensing with the issuance of
sci ia, where forfeiture is taken on a
bond; allowing juries to separate dur
ing trial, so as to avoid heavy hotel
bills; that exempted property shall be
liable for legal costs, the same as for
taxes; that all prisoners convicted Of
felonies, not capital, should be made to
work out the costs of their prosecution
at such pay per day as the Legislature
may specify; that every county jail IN
the State should be declared a work
house, under the provisions of existing
law, so that the inmates may be set TO
work and save at least $4,000 year,
now spent in feeding idle prisoners.
The discussion preceding the adop-
ton Of the report led to strong remarks
regarding the abuse by magistrates Of
their power to assess cost against the
State, one member asserting that the
expenses Of a Justices court would
often run full Circuit Court.
A committee consisting of Messls.
Holman, McLemore, McBright, Heis-
kell, Young and Morgan, appointed on
the subject of collecting taxes and
other debts due the State, made re-
port the third day, developing the most
startling defects In existing laws.
There is no provision for the State tax
ing possession Of or realizing upon
land condemned for taxes; 1t is doubt
full whether any officer is vested with
power to institute proceedings to set
aside fraudulent conveyances, and no.
body is appointed to redeem such lands
from other creditors. The committee
recommends specific legislation to re-
medy these defects, and also that No
personal property shall be exempt from
execution IN favor Of the State, whe-
Their in the hands of a delinquent tax
collector or elsewhere. In proof of the
crying need for improvement in this
matter, the report of Comptroller Pen
nebaker was cited, showing that such
deHnquences had, in January, 1873, &C
cumulated to the enormous figure of
SI,6S6,542. OF course whatever the
State thus loses by dishonest citizens
must be made up by heavier taxes on
those who are honest. Sheer Justice TO
the latter class dictates the enactment
of more efficient collection laws.
Among the minor reforms urged by
the convention of Judges was the col
lection of axes on lawsuits; the re-
peal of section 5209 of the code, which
gives defendant zone continuance
upon affidavit that there is too great an
excitement to his prejudice, to come
to trial at the first term" and
the RENTING of his cause for a contln-
nance IN the lsOnnd discretion of the