Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-01-12
SOUR.MASH
Set Up by AttOrney-General Turner In
stead OF Pop for the 'sDeputy
hummer" Constables.
Some Further Light Thrown by Him
Upon the Matter OF the Magis-
trates' Fees.

The encouragement seeming to mean
business in his war upon the magistrates, was
called upon again yesterday by an APPEAL
| reporter, and again questioned as to the cruel
/ fight. II is understood that gentle breeze
| rippled through the archives of the County
! Court and climbed the spinal columns OF the
I magistrates yesterday because of the attor-
I ney-generals attitude. Having placed the
general on the spit, the reporter toasted him
until he obtained the following result:
THE MAGIsTRATEs' REALM.
What amount of business of the magis-
trates is legitimate?'
All civil matters of which they have juris-
diction by law. Magistrates have jurIsdic-
ton to try parties charged with a violation
of the small offense law, which means assault
and battery, assaults, abusive language, ETC.
Aud he can only finally dispose Of these
cases when the parties plead guilty, and he
having heard the testimony, can conscien-
tiously say that they do not deserve a pun
ishment greater than fine OF $50. Magis-
trates, in all other cases, to-wit: carrying
concealed weapons, felonies, etc, sit alone as
preliminary or examining courts. 1t is their
duty to hear the evidence against and for
the accused, and if satisfied that
CRIME HAS BEEN COMMITTED,
and that there is reasonable probability from
the evidence that the accused is guilty, it is
Ine uuEy Oh tue magistrate 10 DINO MIN over
to the Criminal Court to answer the charge.
1t is the further duty of the magistrates In
such cases to commit the party to Jail in de-
fault of bail in bailable cases, and if the
party can give bail to accept it, being par
ticular at all times to see that the sureties
are solvent and such as the law requires"
"Are these provisions of the law uniformly
carried out by the magistrates"
las to that l am not prepared to say, ex-
Mt that | have fonDd If mi l0Saihl fhO1oh
| have zealously tried, to collect
ONE OUT OF FIFTY
of the bonds taken before the magistrates
and forfeited in the Criminal Court 1 have
heard that parties who institute prosecutions
before magistrates sometimes compromise
between themselves, often compromising felo-
mics in most shameful manner. Whether
the magistrates have knowledge of these
compromises / cannot say, but / presume |
they do not, else take it for granted they
would as faithful officials OF course prevent |
it"
what amount of business is manufac- |
featured or drummed up by active consta-
bIes?"
DEPUTY RUNNERS.
''An immense quantity of the criminal
business before some of the magistrates is
worked up by so-called special deputies, who
hang around the Offices like hungry buzzards
over the defunct carcass of the late govern
ment mule. We have a statute making it a
criminal offense for any one to stir up strife
and lawsuits unnecessarily between citizens,
and if that statute was only executed faith
fully the special deputy-bummer would find
himself like "Othellop without an occupa-
ton; in other words, he would be
IN THE COUNTY woRKHoUsE.
The only reason why this statue has not
b:en executed since | have been in office
arises from the fact that l have found it i'm
possible to secure witnesses to prosecute. If
good citizens will aid the grand jury in
getting up these cases against these men who
hus unnecessarily stir up strife and lawsuits,
nuch tangible good will be affected"
as it legitimate for magistrates to open
,ffices out of their districts?"
Some gentlemen think not, but it is a
question that has never been adjudicated by {;
he Supreme Court"
A NEW COURT WANTED.
Would it not be better to have a city
curt with city judge to which all magis- !
erial cases within the city limits could be
ent and by it disposed of, and to confne the
BUSINESS of the County Court TO three COM {
:
81 think that the best system that could
ossibly be adopted would be to have a J
pecial court for the Taxing District, to try
ii cases arising under the laws governing {
he Taxing Districts; and for all violations /
the State law to be heard by the Taxing
district Court in preliminary manner, as i
Magistrates now hear them, and the parties
} be bound over or discharged as the evil
ence may Justify, the State to be repre- d!
,nted by its counsel to the end that frivo-
,us cases may be avoided and meritorious !
secured. The business done thus :
ould be something on the order of the St.
ouis four courts, and would be greatly more \
economical and effective than our present 8
'stem." :