Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1879-06-13
COSTS IN CRIMINAL CASES.
The Circuit Court Clerk Of Maury Takes
Issue with Comptroller Gaines...
A Test Case Before
Judge Reid.

Judge Reid.
Nashville American, l2th.l
Evan j. Pillow, clerk of the Circuit
Court Of Maury county, fled a peti-
ton for and caused to be issued, YES.
terday, an alternative writ of man
damus against James L. Gaines,
State comptroller, to compel him to
show cause why he should not pay over
costs in a certain case certified from
Maury county.
The object of the suit is to have the
courts construe the act of 1879, di-
rectiag the comptroller to issue war
rants for State costs to the chairmen
of the county courts instead of the
clerks of the courts in which the costs
accrue. Seven attorneys were en-
ployed to argue the case on the side of
clerk Pillow, attorney general Wash
ington acting for the State.
The case was taken under advise
ment by Judge Reid.
The following circular letter con
corning the law, heretofore published,
will throw some additional light on
the case.
CoMPTRoLLER's OFFICE, NASH
VILE, June 2, 1S79.-To the Judges
or Chairmen of the County Courts,
and the Clerks of the Circuit and
Criminal Courts: The act of 1879,
chapter 10l (pages $40 and 14l), pro
yides that, for the State costs in Grim.
inal prosecutions, the comptroller
shall issue his warrant in favor of the
Judge or chairman of the County
Court, who shall pay the same over
to the county trustee" to be by him
distributed and disbursed to the sew
eral officers and other claimants on
the warrant ofthe said jurdge or chair
man. That provision of said act re-
ferring to said office has not been
complied with up to this date, because
it was believed that if the act was not
imperative, at least confusion would
occur by reason of failure in the act
to make the proper and necessary pro-
vision for the execution of the details
in the disbursements of the fund by
the trustee, | have also awaited the
publication and general distribution
of the printed acts.
After consultation with the attorney
general for the State, however, it is
believed the comptroller has no dis
erection in the matter. Hereafter,
therefore, all warrants issued for State
costs in criminal prosecutions will be
drawn in favor of the judges or chair
men of the several County Courts, in
stead of to the clerks Of the several
courts from which the bills may be
certified.
| would suggest that, in order to
carry out more etfectually and salts
factorily the provisions of this act, it
will be necessary for the chairman or
Judge to obtain from the clerk a certi-
fed copy of the bills of costs S certi-
fed to this office. Very respectfully
JAS. l.. GAINES, Comptroller.
The act provides as follows:
That section 500 Of the code be
and the same is hereby so amended as
to read
A copy Of the Judgment and bill oil
costs certified by the clerk Of the
court, aud by the attorney general and
Judge, as provided in the preceding
section, shall be presented to the
comptroller, chairman of the County
Court, or county judge, as tht
case may be, by the clerk, or some
other person authorized by him il
writing to SO present the same.
2. That If, upon examination by thu
comptroller, the costs mentioned il
the first section of this act are charge
able upon the State, the comptroller
when the same is audited, shall issue
his warrant upon the treasurer in favo
Of the judge or chairman of the Count,
Court, for the amount thereof: anC
the Judge or chairman of the Count,
Court shall pay the same over to tn.
trustee, who shall keep the same sepa
rate and apart from other funds in hi
hands, and the county judge or chair
man, if, upon examination, they fin,
said costs properly charged to til
county, he shall issue his warrant OF
the county trustee for such amount a
may be due said officer, witness, o
other person, whenever called on 70
the same.
3. That. If the costs mentioned il
the first section Of this act are charge
able upon the county, the count
Judge or chairman, after the same i
audited. shall file the same in hi
Office and issue his warrant on til
county trustee for such amount as ma
be due each officer, witness or othe
person, whenever called on for tn
same.
IL was argued for plaintiff that tn
! law was ambiguous, and that the legi,
lature did not intend to use the word
; in tie second section, III, upon exam
nation, they find said costs properl
charged TO the county, he" etC., ct
The question is one which will prot
ably go to the Supreme Court 70
+ decision.
! Keep an Eye on Davis.
1 / ~ HM \ . q e FAH