Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-07-15
THE DRY BONES
Ratified Up by the Special Grand Jury
in the Ancient Order OF United
Magistrates.
Books Irregularly Kept, Warrants Friv-
olously Issued, and Some Be-
Iinquencies Pound.

The special grand jury made report yes
terday to the Crininal Court concerning the
magistrates. While the report takes some
of those officers to tack for not complying
with the law and for irregulsrity of system,
it does not sufficiently specify them. The
The men who violate the law, and the in
| stances OF violation, ought 10 be distinctly
| stated, so that criminal procedure may, if
necessary, be instituted intelligently. The
report is really a reflection upon all the
magistrates, bat it does not mention those
who keep their books systematically and
well. One Of the complaints made in the
report is that page after page OF the dockets
show that the cases were dismissed. The
action Of the magistrates in this respect,
too, is TO be reprimanded, not only on
account, as the committee Gays, of the as
pect of frivolity in the Issuance of the war
rants, but because it looks suspicious. The
report is as follows:
DELINQUENCIEs PAID UP.
To the Honorable Chairman of the Grand Jury:
We, your committee appointed to examine
the magistrstes' dockets from April /, 1881.
10 April /, 1882, would respectfully submit
the following report: We found that several
of the magistrates had not settled as the law
requires with the chairman of the County
Court for such fines and State and county
taxes as they have collected, but upon our
ly paid the same. The chairman's receipts
having been shown to us, we have certified
on their dockets that all such fines and taxes
have been satisfied up to April i, 1882. We
find the books of several magistrates loosely
and indefinitely kept, and recommend a more
systematic plan of entries. We find the
docket of E-quire Thomas Fleming
IRREGULARLY KEPT,
and so indefinite that we are unable to deter
mine whether or not the cases were properly
disposed of. The docket does not show
whether the ofense was felony or INSIDE
meanor, or what the offense was. We recon-
mend that he get new docket, with all
printed cost bills, and that he designate
therein the offense charged by name and the
judgment OF the court therein, so that by
inspection Of the docket it can be sscertained
whether or not the party was disch arged,
fined or bound over to the Criminal Court,
and if hned, whether or not the fine and
State and county tax have been paid to the
proper officer. AS the docket now stands, il
is impossible to determine these matters
with any degree of certainty. The following
magistrates
HAVE FAILED TO REPORT
or bring their dockets before US: Hunter,
Gowan, Pulliam, Kimbrougb, Mercer, Allen,
Shelton and Cole. 1t is proper to state, in
behalf of these gentlemen, that they all live
in the country, and it is quite likely that
they have not been notified, or If 70, not
soon enough for them to respond to the sum
mons. We are informed, however, that
E-quire Thomas Cole was subpenaed but be
failed to appear before us. From an investl-
CATION of the dockets of some of the magis
rates, we fnd page after page of cases, in
which the defendants were dis harged, the |
judgment being mot guilty )" and from this we |
are forced 10 believe that many OF these |
warrants were Issued frivolously and without |
due investigation on the part of the magis- |
trate. The law requires that the magistrate |
examine on oath any person applying 10 him |
for warrant, 80 that no person may be |
arrested on any groundless frivolous |
charge. We think this law ought to be |
closely followed, but we have great reason to |
believe that some magistrates
ISSUE WARRANTS UNFORTUNATELY
to all who apply to them, and oftentimes
for the most Insignificant offenses. In this |
way many poor persons are uselessly har-
raised by constables and special const bIes
who seem to care for nothing but an accum-
nlation of costs, and we think, il possible.
his practice should be broken up. We /
would also call the attention OF the magis-
rates to the fact that they are required to
make their returns every month, and we
recommend that they be required to comply
with the law.