Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1879-01-19

the costs of criminal prosecutions recon-
mended to you by my predecessor, Is
worthy of trial. The opportunity which
will be afforded the County Courts of the
several counties to investigate each bill OF
costs will prove saluatary check upon
the extravaganza complained of, and as
the otncers of the court will be answerabie
to their constituents for a faithful dis
charge OF duty, it will result that the courts
Will be conducted with the utmost expedi-
ton and economy. 1t will be proper, per-
haps, to require the State to paw the costs
in all cases where the defendant, by final
Judgment, is imprisoned in the peniten~
tiary.
But whether the recommendation of re-
curing the counties to pay costs incurred
in the pros ecution of felonies is adopted or
not, the separate items of cost ought TO be
regulated and embraced in single act.
and each clerk required to keep printed
copy posted in his office.
In all cases other than capital, the jury
ought to be permitted to dlspeTse unless
for cause shown, the court otherwise or
ders.
To prevent frivolous prosecutions, the
fees of the Attorneys General, where there
is a conviction or submission, should be
increased and denied altogether where
there is an scquittal or dismissal.
The former act declaring petit larceny
| misdemeanor ought to be re>enacted.
All technical grounds for reversal ought
| to be removed where il msy DE done con-
sistently with the Constitution, and the
law should declare, that all pTesumpuons
shall be in favor of the regularity OF the
| proceedings in the lower court and no er-
ror to be considered, save those raised upon
| the trial ; or which the record atirmatively
discloses.
CARRYING PIsTC Is.
Prosecutions for this ofense are fruitful.
| source OF cost TO the counties. To prevent
1 the evil, the punishment ought to be in
| creased, and to prevent evasions OF the
law, the privilege of carrying pistol
while on journey out of the county or
State, should be granted by license from
the Clerk of the County Court of the resi-
! dence of the party, upon an affidavit Of the
purpose to take such journey, and no evil
dence should be received upon the trial of
the fact, that the accused was on journey
out of his county or State, in the absence OF
such license or proof of its loss.
MIsDEMEANoRs.
In so far as it NAV be done without VIC.
lating the Constitution, the local courts OF
the several counties ought to be clothed
with Jurisdiction for the trial and punish
nent of misdemeanors.
RAILROADS.
It will be proper for inquiry to be made
to ascertain whether our Railroad Compa-
MES discriminate against the citizens OF the
State in the shipment of their export pro-
duets. If it shall appear that like products
from other States are shipped through our
State at less rates than are allowed our own
citizens in the shipment of their products
out of the State, when rendered by the car
load, the evil should be remedied by de-
c1aring it a misdemeanor, and Furnishing II
by such fine as will remedy the evil
MECHANICS LIEN.
The law should be so amended, that ii
all cases where the lien of the mechanic,
or other person furnishing material Is re-
sisted and defeated upon the ground of q
want of title, the mechanic or other person
furnishing the material, to be permitted
under proper restrictions to remove thu
: material.
WAGES.
The law should be so amended as to plac
wages upon the same footing with fees ant
4, salaries, and exempt them from garnlSh
: ment or attachment.
7 CONCLUSION.
> In conclu sion, permit me 10 express IN
I confident hope that your deliberations WI
/ be characterized by harmony, wisdom an
G patriotism, and that the results of you
8 iabors will ten to promote the best inter
o ests the State
Z Respectfully,
= ALBERT S. MARKS,
EXECUTIVE OFFICE,
Nashville, Tenn, January II, 1878.