The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1875-01-29
RONIls FOR COSTS.

10y. OSDOrn, IN MS recent mess
age, rather illogically assumed a
connection between the great cost of
the courts of the State and the lack
of adequate security TO officers for
services rendered in legal causes.
Two or three years since the fees of
the Clerk of the District Court were
increased about two hundred and
fifty per cent, at which increased
amount they still remain. The re-
storation of these and other fees to
n reasonable basis has not, we be-
lieve, been the subject of Guberna-
torial recommendation, except in
connection with the question of adj
ditional security, and tho larcenious
taking of at least half a million dol
lars from the people of the State, I'M
der the sanction of that most ini-
quitous law has 80 strengthened the
takers thereof that they now seem
in q fair way to inveigle tho State
into a guarantee of the absolute and
prompt payment of the full pound
of flesh nominated in the
bond. The Governor snbstan-
TALLY recommends that liti-
giants be required to give secur-
ity for all costs, and so sensible q
person as S. NJ. Wood, of Chase
county, has introduced resolution
into the House of Representatives
instructing the Judiciary Commit
tee to report bill to the same eff
feet. The artful precipitation of
discussion upon this question will
probably accomplish its purpose of
preventing the passage of any bill
cutting down fees, and so the
swindle will have another lease of
life.
We are by no means indisposed
towards the officers of our courts
nor do we believe that they should
work without pay but we are I'M
alterab!y opposed to the measure
requiring bonds to be given for
costs. It will work practical en-
barge on the obtaining of justice by
poor people. Few persons will be
willing to sign bond for costs I'M
less fully Unidentified, as under the
tardy administration of business in
our courts, and the delay incident
TO the prevailing How Not to Do
Il method of parceling out justice,
q fee bill is one of those things
which possesses an odor of bank
ruptcy; and while we cheerfully
admit that most people would bet
ter pocket loss of a few hundreds
rather than to sue for it even upon
q plain promissory note, still we are
opposed to the law saying that
that particular form of luxury shall
be INDUCED in only by men who
can give good bonds for indefinite
amounts. Poor people are some
times compelled to go to law to pre-
vent oppression, and they ought 10
U8VC 0S CVCu y SuOW Us HO6SAUlC.
A complete remedy for the officers
OF our courts is to repeal Section 81
of Chapter 80 of the General Stat
utes. That section in substance
provides that no fee shall be due or
demanded until the services are
rendered. If that were out of the
way each officer would have the
right to demand compensation for
each item of service asked of him
before entering upon its discharge.
IL q party presents himself to the
Clerk of the District Court and asks
that functionary to file a petition,
the Clerk can say ''my fee is five
cents, which must be paid before
will render the SERVICE. and so OF
the sheriff aud every other officer
If they neglect this precrulion and
lose by it, whom can they blame
What sensible law-msker would de.
sire to do more than give them thi:
chance TO protect themselves?