Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-01-14
DISTRICT ATTORNEYS FEES.



The Evils OF she Present system
senator PoIk's Plan OF Reform.
senator Polk introduced a bill on Tues
day 10 regulate The compen- alton Of Dis
trics Attorneys. In presenting tls meas
IRE, he said;
Dir. President: In order to promote re-
trenchment and reform, and especially to
promote The good Of the State, the bill is
offered. The results flowing from the
present mode Of compromising the district
attorneys are full Of evil, and the motives
held out by the State to her officers for
discharging their duties, and for getting
compensation for their services, is unjust
TO said officers, and unworthy of a great
State. The adoption Of the bill will save
money to the treasury Of the State; will
secure faithful services Of the district at
torneys, and will place them in a position
honorable to themselves and reputable 70
the State. Not only are the jury expenses,
Jail expenses and court expenses very heavy,
but observation shows that the entire sys-
TEN of compensation to officers connected
with criminal prosecutions is a false policy
u mean especially the system Of perqui-
sites; a system which gives into the power
Of these officers to accumulate numbers Of
prosecutions at enormous cost to the State,
which otherwise would never be brought
into the eOuTt-roOm.
Under the present law officers are di-
rectly interested in gathering upon the
dOckets large number Of cases; not that
they are interested in the successful prose
cutiOn Of these cases, but because Of the
fees involved in them, whether successful
or not. It is made the policy Of the law to
make the district attorney (WhO is, in the
DRY, an IMPARTIAL officer in State prOsecu-
tiOns, ana who ought 10 be so in fact,) di-
rectly and personally interested in multi,
plying cases; and if he is energetic and in
dustriOus he may accumulate large num-
Der Of frivolous cases upon the dOckets, to
the great detriment Of the interests of the
people and useless depletion Of the
treasury Of the State.
Again, making his fee for conviction
greater than his zee in falling to convict, is
an invitation held out by the State to in
duce her own officers to be more ready to
convict than is always consistent with the
dignity Of the State, or the demands Of
justice.
This is an unjust position in which 10
place so responsible an officer, and makes
MAUl aNHNCdLs AhuELlEI kIAAlN Ut HUI % Dc
prosecuting for his fees. This implication,
resulting from the position in which this
officer is placed by the State, is not only
unjust, but is keenly felt and deprecated
by the heightened gentleman filing this
important ofice in the various judicial dis
tricls in the State. A prosecutor should be
entirely free from the appearance Of such a
bias, and grave error, pregnant with evil Of
the most serious nature to the administers
tinn Of justice, has been committed by the
Slate in the manner in which she cOmpen-
safes the services Of this class of her sworn
officers. Let the State abolish a system
which places her representatives in the
criminal courts IN this false position, and
nix a proper salary for the discharge Of the
duties Of this important Office. IL has been
said that the salary system leaves the Off
Ger Indifferent to success in cOnyicting yiO-
la OTIS Of the law. That is to assert that he
has no consideration for his reputation, his
honor, OF his oath, his future standing at
the bar, or in the esteem Of his country
men. Observation and experience does
not show this to be true, when the salary
system has been adopted. The duties Of a
prosecuting attorney are Of public nature,
and outside Of q conscientious desire 20
perform with strict integrity the duties of
the Office entrusted to him, the criticism Of
his acquaintance, the scrutiny Of the bar,
the court, and the people, are a safeguard
against such a result.
Again, the perquisite system is an ex-
pensive one. The great delay in the
courts, waiting upon heavy dockets, is the
chief cause Of criminal expense. Delay Of
jurors, delay Of witnesses, delay o. liti-
gauts, all contribute to the enormous cost
bills that are from time to time brought be-
fore the treasures of the counties, and the
State. Salary the districts attorney
change entirely the evils connected with
the administration Of justice, as now legal
lied, and good viii be accomplished and ex
perses largely Gu. down.