The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1884-02-26
A Proposed Measure for the More
Certain and Efficient Enforce
ment Of Our Criminal Laws.

ment of Our Criminal Laws.
The great uncertainty and non-eHectivs-
ness Of our present criminal Law system
cannot fail 10 impress itself on any one
who gives the subject ordinary attention.
In comparison with the number of viola
tons Of Law, remarkably few indictments
are found, and only a very small proper
ton OF those found are ever sustained. The
District Attorney is usually almost a stran-
ger in every county but his own, and has
neither the acquaintance nor opportunities
necessary TO an adequate preparation of
his eases for trial. He is regarded as an
fshmaelite against whom the bar is arrayed,
and is generally engaged alone in case fol-
lowing case in quick succession. By force Of
circumstances he Is ordinarily compelled
to Ego it blind" on whatever the grand Jury
has made out for him, and while that body
is in session, he is frequently engaged in
court and unable to attend its meetings.
Although the District Attorney is chosen
from the best legal talent of his district, he
works under great disadvantages. The
necessary consequence Of our present sys-
tenn is, that to large extent, the criminal
classes, especially those of means or in
f1uence, pass almost an immunity from
punishment, except for those minor often
ces which are prscticed almost without
concsalment, and for which the offenders
are ready 10 make reasonable settlement
whom brought before the courts. The need
Of local counsel to assist in prosecutions is
30 generally recognized, even in clear cases
Of crime, that when parties personally in
terssted in the punishment Of an offence,
are able to AFFORD II, they employ such help.
A bill has been presented TO our Legisla-
ture to remedy this great and glaring de-
feet in our judicial system, by establishing
in each county that desires it the Office of
Prosecuting Attorney, whose duties and
powers would be, in their respective coun-
ties, the same now possessed by District
Attorneys. When acting together the lat
ter officer would take precedence
Between terms of courts Prosecuting At
torneys could issue subpenas and, when
necessary, attachments for witnesses, re-
turnable to the next grand jury or Circuit
Court. He would be specially required to
SEQ to the general preparation of cases for
trial, and to represent the State in commit
ting courts and hdbeas corpus trials. In the
Circuit Court he would act in conjunction
with the District Attorney, and the
State would receive the full ben
eft of his local knowledge of witnesses,
jurors, etc. When the criminal docket and
grand Jury we're proceeding at the same
time, both could then receive proper at
tention. In addition to these duties he
could be given power to represent the
State in criminal prosecutions before JUS
tees of the peace, and be allowed fee of
five dollars for each conviction, to be taxed
and to be levied and collected as other
costs.
The creation of this Office would strike
terror to the hearts of all evil doors in
this State. The successful operation of
this law would be the greatest immigration
| advertisement our State could make, and
would speedily furnish an unanswerable
refutation to the persistent ISLANDERS Of our
northern accusers
The bill referred to provides that the
salaries of District Attorneys, except those
in the 18th and 18th Districts which are
governed by local legislation and are to be
unaffected by that act, shall be raised from
$1,000 to $4,000 per annum, and that all
perquisites hitherto given that officer
should inure to the prosecuting attorneys
As almost all the District Attorneys have
partners in their home counties, and are
allowed to practice law in civil cases, which
privilege is worth at least $500 year, the
salary proposed would make their pay as
much as, or more than that of Circuit
Judges and Chancellor. If the bill should
pass and each of the seventy four counties
in this State decided on having prosecut-
ing attorney, the additional cost to the
State and counties would only be $4,000,
and aside from the intellectually great
moral good produced, the additional
fines and forfeitures collected would
repay this expenditure tenfold
The bill provides that each county shall
decide for itself whether or not it shall have
prosecuting attorney; and that in coun-
ties having no prosecuting attorney, or in
cases where that officer does not act, the
usual fees now allowed District Attor-
neys shall be taxed and collected as fines
are, and shall be paid into the county
treasury to be credited to the general
county fund
This plan has the advantages Of both the
salary and fee systems. The District At
torney as a salaried officer would be guar
antee against unfounded prosecutions or
undue attention to minor cases to the detri-
ment of those of more Importance. The
prosecuting attorney as feed officer could
be relied on for earnest and searching pros
ecutions. A. B.