Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1876-02-09
THE RECORDERS COURT.
How that Very Important Court n
Conducted &C Present The old
Free and Easy system Has Played

How that Very Important Court n
Conducted az Present = The Old
Free and Easy system Has PlRyed
Out.
Since Colonel VIM. L. Duff has taken
his seat as Recorder of the city Of Mem
phis quite a change has taken place in
the manner Of conducting business be-.
fore the the Police Court. Formerly the
style of doing business was as follows:
Former Recorders had been in the habit
Of imposing fines, and alterward, at the
solicitation Of friends of the convicted,
the fines we're RENTED and the parties
discharged, thereby setting an example
Of faVoritism altogether wrong and en-.
tirely illegal; for no Recorder has a
legal right to remit a fine without legal
cause. II the party fined or his friends
desire ts have the fine RENTED,
the only way tv get at it is to present
a petition to the General Council.
In this manner the city lost a portion Of
its revenue, for which amount the Re-
cosders we're undoubtedly legally liable.
Men were also fined for drunkenness and
other light misdemeanors, and afterward
a lesser amount than the fine imposed
was received and the prisoners dis.
charged. For this there was and is no
Law. The statute provides that a fine Of
not more than fifty nor less than FIVE
dollars shall be imposed by the Recorder,
which official, under his oath and the
law, has no discretion in the matter il
the prisoners be proven guilty; he must
impose the fine or violate bis oath. The
best way to avoid such fines is to keep
sober, behave yourself and keep out of
the statiou.house, and the best way for
the friends Of the men so fined to do, is
not to ask the Recorder to remit or re.
duce the fine, but to pay it. The Re-
corder's Court is not a political machine
to be run in the interest OF any class or
clique, nor is any other court of justice a
political machine. Every citizen, black
or white, who is brought before that court
is entitled to the same consideration and
justice, and for committing the same Of
tense is entitled TO be fined the same
amount. 1t would not look we'll to let
the turbulent but prominent citizen off
without imposing a Gne upon him, and
to put the fine upon the poor, ignorant
man, who has only committed the same
ofense. When a police officer makes
az arrest and delivers the prisoner over
to the tation-house-keeper that prisoner
il 'at once within and under the jurisdic-
ton Of the Recorders Court, and no po-
lice officer, be he high or low. can legally
turn him out unless the proper forfeit
in money has been put up, provided the
offense is Of such a character that a for.
felt can be taken. No police officer is
authorized by law to have a man turned
out Of that station.house by going verb
ally responsible for his appearance
next morning. If the officer wishes
to get him Il he must put up
q forfeit for his appearance just like any
other citizen. If he has been discharged
on a promise to be responsible for his
appearance, he renders himself liable on
the charge of contempt of the Recorders
Court, The officers dutyis to make the
arrest; he is not a judicial officer. Here.
tofore the Recorder Court has been run
"%sorter loose and not in the manner in
which criminal tribunals are usually con-
Quoted. 1t is a very important court and
its judicial proceedings should be con-
Quoted on principles of law and equity
and in accordance with justice. No
favoritisms should be sanctioned or per.
mitted; all citizens arrested should be-
treated alike. When q person is arrested
or locked up, he or she is at once within
the jurisdiction of.the Recorders Court,
and no magistrate can legally, by issuing
a warrant, take that prisoner out Of the
jurisdiction of the Recorders Court for
trial, unless probably when the Recorder
is absent from the city or is sick and I'M,
able to attend to the duties Of his office.
The Recorder has full jurisdiction Of all
cases, whether they be misdemeanOES or
f%elonies, so far as examining into them
as a committing court, aud no magistrate
has superior or concurrent jurisdiction
in this connection. This we understand
to be the law applicable to arrests made
by police officers Of the city. Our pres
ent Recorder is determined to carry out
the law irrespective Of persona all of
which is q contamination %devoptly to be
wished.