Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1883-03-29

nal laws, the Seymour Cressct, edited
by lawyer, suggests rs follows some
obstacles to the execution of the law /.
Among the duties OF officers is one that
they report 10 the attorney general wherein
by reason OF defects IN the law, the admins.
trntlon ofjustice sput ut naught or rendered
difficult. We have al eady noted in these
coisnlnS the common aversion there seems
To he To appearing against bold and defiant
lawbreakers, eitner NJ prosecutors or Wit
nesses. And 1t Is sim further suggested by
prosecuting attorneys ana sherills that as
expenses there Is very little encouragement
to prosecute. We have in this
county II very prominent example of the
lamenoss and deficiency OF the law, When
our new county attorney came into oflice he
found over twenty Old cuSes--indlotmcnts
and complaints pending, mostof which had
been carried over for aearly two years cases
OF aggravated assaults, larceny, breach of the
peace, etc. Upon inquiry Of the sherln and
other officers, he found that the latter had
already expended large sum OF money in
trying Ia arrest defendants in remote and
ethel counties and had Allied. Without de-
PENDANTS or witnesses the cases cannot be
tried ana they are likely 10 fall by the way.
There u no doubt the officers tried to do
their duty at risk of receiving
no compensation whatever for their
services Tor their pay depends In most of
these eases ON final conviction. Whatever
Time and money they have expended there
FOR, y lost. 1t IL particularly rough ON the
Niul'h VIM HlN bttH inhhlnB honest efforts
secure the defendants, aud has been put 10
considerable expense. The other officers only.
lose their time and labor, and IL must be
same labor in case Of failure TO convict MS
they arc where conviction follows and ire
quantity 20 greater labor
NOW, Tor SuCh Il state OF affairs there uuSt
be reas opable explanation. The oalcors say
they are not justified in going to the great
expense necessary to bring criminals nom
other counties hither aud ihcy cannot afford
70 lo2c both time and money In the attenpt
Herein tile law falls. Il should require no
| service OF amy officer for which there IS no
adequate compensation ultimately II a
Prosecution mills and IL Is apparent that the
omoers nave done their whole duty, they
should be paid for theic services
nevertheless, 1T Is unreasonable for
great and powerful state 10 ask
any citizen 10 render services gritultously
where any person, even tile worst criminal
Mould oNptct "a pay, aud what is here Snid
In regard to officers is true IN respect to viii
nssses. Under the law as now found, YOU
subpoena witness for the state-his pay de-
Ponds ON conviction aud the ability OF the
defendant to pay when he Is convicted. Now
he may not be very able 10 pay expenses
and lose his time attending court. The case
mnH be continued several times or there
II he falls 10 obey the Subpoena nm
and the law says lac shall pay the costs
OF that attachment, thus punishing him
While tho real criminal may escape. The 81.
feet of so unreasonable and unjust n law h
70 say, the witnesses OF crime. do not wish 10
be known as such, and are very hard TO find
The law itself at tho very foundation cripplcs
It's own execution. Aud IL is no wonder fhat
the press ol the Statennd the governor even.
are ueploring the failure of the code aud ia,
prccating the bold frequency OF crimes ana
the general escape OF red.handcd aSsasstns
There lSno efficacy IN any criminal law
unless there be penalty and some certainty
that the penalty VIII he enforced And rs
long ~ the law expects gratuiiuus and vir-
tnous effort go enforce the laws from n erin
pied and handicapped system reinforcement
~ VIII he practically dead iettor. The LEG,
islature may pass a thousand statutes Ia a
session, print them as public NNprnse p,tt
them la the hands of every ci,igetl--law.
abiding, cut-throat ana villain alike
but II there Is no efficient lnachin-
cry according with correct business prinei.
es, invoked 10 enforce these laws Tho
money Is all tnruwn away and we had bette,
he relcgatcd To the primitive law whereby
might Il right and an eye IA rendered Tor an
eye. While some effort was made al the
present session of the legislature to CORE
the evil In respect 10 witness fees, we cannot
ioil at the present stage OF the gegislatiys
farco whetAer the hill has assumed the shans
oiiaw or not, and II u has, IL Is only one pnrt
OF what IS necessary To secure prOnpt ana
certain execution OF public justice.