Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-11
ANTI.FEES.
General Turner in the Arena and Pre-
pared TO Measure Lances With
the Magistrates.
He VIII Make Issue With Them Abeut
the Number OF Trifiing Cases
They Send Up.

Attorney-Gereral Turner is about to begin
a crusade against the magistrates that prom
I ises TO be OF some liveliness. Yesterday an
! APPEAL reporter called upon him with the
intention OF learning what he proposed to do.
What is the meaning of your communi-
cation to Judge Horrigan in reference to the
number OF warrants certified through your
court Tor the payment OF costs" asked the
APPEAL scribe.
What l mean Is this" said the general
Parties will go to magistrates offices and
swear out warrants in the most
TRIVIAL CASES
sometimes. They give the names of wit
nesses living in different localities. The
warrant for the arrest of the accused is
issued, as is also the subpoena for the wit
nesses. The accused, of course, is arrested
as soon as be can be found. The State, is
not ready for trial, because of the want OF
material witnesses. This necessitates the
continuance of case to future day, and
FOR SAFE KEEPING
the accused is sent 10 Jail, costing 81 for
turnkey fees and forty cents a day for board
Finally, the accused is brought to trial, the
witnesses in many instances still being alb
sent, and the magistrate, in the honest dis
charge OF his official duty, discharges the
defendant, and sends his warrant to me to
be certified for payment of costs"
"What remedy do you propose?"
"On that point, | confess I am not fully
matured; but l think if the magistrates
would force parties who decide to swear out
warrants to produce the testimony to sustain
the accusations as to Reasonable probability
OF guilt before the warrant was Issued, there
would be
MORE VILLAINS
in the penitentiary at far lees cost to the
taxpayers than under the present system;
and dismissed warrants on the ground of in
sufficient testimony for the prosecution would
become a thing of the past, and public
money would be saved to a considerable ex-
tent where it is now recklessly thrown away.
The policy of the magistrates in promulgat-
ing warrants upon the often palpably unre-
liable testimony of idlers and loafers, has
had very pernicious effect upon the dignity
of the judicial system, and L may add that
it has resulted in the spending of much of
THE PEOPLES MONEY
with no benefits to society generally arising
therefrom. My notion is that magistrates
should use the same discretion, discrimina-
ton and Judgment in the M after of spending
the public money where they themselves are
the benefciaries as where they are not.
have no accusation to make against any
magistrate. | simply find evil existing
that ought 10 be corrected, and / am satisfied |
that Judge Horrigan, with his thorough |
knowledge OF the law, and punctilious desire |
for economy, will suggest some remedy, and |
| assure you l Will endeavor, to the best of |
my poor ability, to carry it out 1t matters |
not 10 me
WHOM 1T HURTS,
or does not hurt. l have, during this term
Of the court, examined the witnesses in a
number of cases where parties have been
bound over by the different magistrates and
have felt it my duty, on account of the insig-
nifcance of the accusations, to decline to
ncumber the public with such prosecutions
oy indictment, notwithstanding in each case
where l have thus declined have cut my own
'elf out of fees. This kind of cases ought to
De disposed of by the magistrates in such
l way as to avoid the costs incident
Ipon their prosecution in the Criminal Court
By pursuing this policy the cost of running
he Criminal Court would be nothing out of
he pockets of the people. l think the
majority OF The magistrates are disposed to
cooperate with me in this effort at tangible
eform. True, some few may be inclined to
lick little because each warrant is valua-
lie as TO a matter of costs due to them"