The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-03-26
SUPREME COURT DECISIONS.
-ocronER TERM. 1883.
R.,srssd for The Clarion, BY Robert shos~si''
AttOrnsY-st-Ls~, Jackson, Miss.
MURRAY l

rem county, Hon. Warren Cowan,
Judge.
james Murray presented a declaration
to the Clerk of the Circuit Court OF w arren
comfy. Charles Lehman, TO be hled ana
his suit docketed. Under an act aPProVeu
Anril IL. 1876. the Clerk demanded pre-
navmeut Of docket fee of $1,000, which
Murray declined to pay, and the Clerk re-
fnsino to docket the suit, Murray brought
this action of mandamus to compel him TO
file the declaration and docket the case
From a decision 6ismissing the petition,
Murray appealed to this court.
L. w. Magruder for the appellant.
T. c. Catchihgs, contra.
CAMPBELL, CT,
| He'd
This case presents the question of the
VALIDITY or inyalidity of that part OF An
act to make the county of Warren, in tins
State, a separate Circuit and Chancery
Court District, and to provide for deiraylng
the expenses of the courts therein, APP
| proved April IL, 1876, which requires the
nayment of docket fee upon each suit,
petition, appeal, administration, guardian
ship. or other matter or proceeding OF
civil nature brought or opened in said
courts or either of them" The act pre-
scribes the amount of the Zee in each case,
VARYING according to the amount involved,
and to be not iess than So, nor more than
S25, and where there is a party defendant
liable for the costs the docket fee is to fall
on him as a part of the costs. Payment
of the prescribed docket fee is condition
| of commencing proceeding in said courts.
The docket fees are by the act devoted to
the payment of the salaries of the Judge
and chancellor for that district. The Con-
stitution provides for the appointment oil
| Judges OF the circuit court, and chancel-
| Tors, and for districts, and for a Circuit
| court and a chancery court to be held III
each county at least twice in each year,
and the jurisdiction Of these courts is pre-
scribed by the Constitution. Each county
is entitled, by the Constitution, to have a
| circuit court and a chancery court held
in it twice in each year. The jurisdiction
| of these courts as to the subject matter is
the same in every county, for it is pre-
scribed by the Constitution for the courts,
and not for the locality. There is nothing
peculiar or exceptional as to the circuit
| and chancery courts held in Warren coun.
ty, except as to their terms, and that is a
matter for Legislative regulation, as to
which it must be assumed that each
Of the courts, held twice a year or more,
as its situation requires.
The circuit judge and chancellor for
/ the district composed of Warren county
has the like official powers and duties as
other circuit judges and chancellors pos
sess, neither more nor less. The Con-
4tilution is silen. as to how the compensa-
ton TO be fixed by law and to be received
by Judges and chancellors for their ser
vices, shall be procured. Perhaps the Leg
islature might provide for the compensa-
ton of judges by docket fees and other ex-
actions upon litigations in the courts, but
the general scheme adopted is different,
md judges and chancellors are compensa-
ted for their services by stated salaries
paid from the State Treasury by money
obtained by taxation. Docket fees are not
imposed on proceedings in the circuit and
chancery courts held in the other coun-
ties of the State. The exaction is peculiar
% a given locality. Every proceeding in
that locality is subjected to the imposition
70 the extent of the required docket fees
every litigant in the courts of Warren coun.
ty and every one interested in an estate
administered or a guardianship, has to con-
tribute to support courts of the State held
in that county, what is not required OF
persons similarly situated in other coun-
ties, because of the place where the courts
are held and the judicial proceeding had,
exactions are made for the maintainance
Jf the courts there. The Constitution de-
clares that: Taxation shall be equal and
Uniform throughout the State" From
Ghis Fundamental rule it is fairly deduct
Die that "a tax cannot be imposed exclu-
'ively on any subdivision of the State to
pay an Indebtedness or claim which is not |
peculiarly for the benefit Of such subdivi |
sion" Sanborn V. Commissioners, 8 Mimi, |
273. The docket fee required by the act |
under consideration is u tax, and while |
imposed only in Il given county is devoted |
10 State purpose, viz: The payment OF |
the salaries OF the ju ige and chancellor |
for that district 1t is true that this tax il
hot ON property, but on court proceedings,
yet the TACT remains that it is an invd-
tous local discrimination cOniinld to par
ocular courts and not applicable to the
counties and courts Of the state generally |
1t violates the rule of equality and uniior-
nifty prescribed for the whole State by tn,
Constitution, by imposing on those having
the expense OF proceedings IN the COURT
In Warren county, an additional burden to
compensate the judges and chancellor |
when persons similarly situated elsew here
ire not thus taxed. 1t prescribcs a differ
snt rule for different localities without a
Inference in the situation and circum.
stances of the localities, and, because OF |
the difference OF place, requires what il
lot required for exactly the same thing III
other localities. 1t is for the Legislature
10 select the subjects of taxation, but
20 impose on suitors and all interested in
proceedings in courts in one county the ex-
pense Of maintaining courts not peculiar
TO 1t, and the expense of which elsewhere
is charge on the State Treasury. is to
tepart from the Constitution rule of equal
ity and uniformity in taxation throughout
the State. This rule requires that persons
IN the same class, and property and rights
Of the same kind shall generally be sub
Iected alike to the same common burden.
There must not be local exactions except
Tor peculiar local advantages. There can h
not De higher tax on property in Warren
county Tor State purposes than in other
nor can those bearing the ex-
1ense OF proceedings in the courts in
nat county be compelled to contribute
o pay for what is a State pur-
'ose, what Is not exacted from {
'ersons similarly situated elsewhere. 1t
!. an unfair discrimination between sub
MISSIONS OF the State, which are entitled to !
quail rights, and upon equal terms as To- :,
ii tribunals created by the CONSTITUTIONS :
Or all the counties. Ii the purposes for :
hitch the execution is made was neon :
arly local, 1t might be iustifable but this !
not its character. The scheme il n ].
npose on persons having proceedings in q
ne courts IN Warren county, the burden
making compensation for the services of
he Circuit Judge and Chancellor of the
tate, who is charged with the dutv Of T
oidlng the courts in that county. Ii is
discriminating imposition on a particr-
r county for general purpose common
the State. Those on whom the 49,. Fl
es fall are made to contribute To a ST., To
,Ject IN q mode not required of anv
'eept those concerned in proceedings y 90
particular county. 1t is Of the essence ~ ca
taxation, that it should compel the dis- St
arge OF the burden by those on whom /, Ar
operiy rests. The expense of maintain.
judges and chancellor, according n lei
plan adopted, rests on the State. and in,
: on suItors. There IL no exemption Of an
Lsons or property In Warren county from SD,
1asion ior raising money for the STATE Do
easury, out of which the saIs.;a" -.
iges and chancellors in Other d;st.;aVi -
paid, but persons and propertv in ~ Is1
lnty are taxed as in other conn,;as g. nj,
o'ate purposes. 20 that while all per
Z and property In Warren county Con- ses
oute their tulkproportion TO the revsn,,. nan
ne state, the proceedings in the circnit Sec
GInancery courts held in that conntv Iar,
Placeo under contribution for tie ann. VA
7 OF state courts held there FI -
liant y q citizen of Warren connt1- ~ 49,
'eo OF taxable property there "a !. Nv
lelofe contributor BY taxat;on 81 an
te purposes to the treasury ont - i9r On y
paid for their services certain , w,,.cn 1eS
cnanceiiors for other districts. aud - A. !,
Z denied access to the circuit cs,,., =. = - y
oounty Of his residence, except nr,o - -
ne not applicable Il, p upon OeF