San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1886-12-23


aries
For the San Antonio LIGuT.
Much advantage Il likely 10 result
from the temperate discussion through
the press Of such alterations In the
statutes AMI in the judicial ma
ChInery or orr state, as experience has
shown TO b. proper and necessary. Ger
tainly no harm can flow from such a dis
Cus-iun.
That the district attorneys should not
he paid bv iers rs l. now done, will be
rradi V admitted by all who give the
suhjrct the proper consideration. The
district attorney prOsCcutes In IN" name
Uf the people and OF outraged Justice
and he IL an important part II ihe Judl-
CiHl machinery, and for these reasons, ne
should not be put in position where
his zeal is liable TO be attributed To mer-
cpuury mOIives-suCh a. seeking cOnvic-
fiuns to secure his meat and bread.
Juries no doubt often conceive that the
Z.4l and energy shown IN the prOsec =
ton OF CuipriJs is prompted only bv The
desire Of WInnirg a fee. at all hazards,
and this Impression iCstrOyS 10 "A great
degree the Influence OF prosecuting OIL
GERS. | am unable 10 perceive any
valid reason why the district Judges
should receive liked salaries and the
district aItornirs BE- paid by fees depend
ent upon convictions and their affirm
anCe. If they are appealed.
The district attorneys should be paid
the same salaries paid 10 district judges,
and the fees should be paid TO the county
treasurer of each county and to be paid to
the comptroller OF the stare. This ar
rrngement would not make any mate
rial addition TO the annual expenditure
f. ~ dor
the existing law, the state pays IA large
proportion of the fees received by DIS
IriCt attorneys.
BY paving district attorneys salaries
in lieu OF fees, the dignity OF their Of
Tices would be aug lmented-Rnd they
would have no personal interest either
IN the finding OF indictments, or in St.
curing convictions. LIS direct effect
would be to increase the weight OF their
Influence with juries, and, by so doing,
/ prove the execution of the laws
Honest men Will be H. euerg etiC, indus
triUus and conscientious in the prTfOr.
ancr of their official duties, when ey
receive salaries. as when they are paid
nv fpes. made 10 depend upon CUnviC-
lions. Besides. there is no justice In
making their fees depend on COnviC-
lions. District attorneys cannot com
pei Judges to rule the law correctly, nor
juries Ia convict; still, they are held re-
spOnsibe for failure to convict. How
are they held responsible? b giving
them fees only in the cases where con-
yictions are had. District attorneys
often make the greatest preparation and
put forth the greatest effort, in the very
cas- in which parties are acquitted
because these cases are usually for muir
der, or attempt 10 murder, and are Wig
OIOusIv defended. still they are cut OF
from any tees, as though the aCQuitta
arose from gross drrelIctiun Of duty on
their part. This is manifestly unjust.
OnViCtlonS de, end on the jurles trying
the cases. yet district attorneys are
treated MS il the blame rested on them.
There would be equal Justice in pro-
pOrtiOning the salaries of the Judges to
the number Of convictions, and in hold
ing them responsible for the action of
the appellate court in reversing cases
that are appealed. Ii appears TO my
mind. that his point is too plain to re-
quire elaborate argument TO sup ort it.
The district attorney should not be
exposed to the suspicion of mtrCenari-
mes. (than which nothing is more fatal
to official influence) by making the iu-
come of his office depend wholly upon
the number Of convictions obtained by
him.
Were he paid the salary OF the district
judge, he would be as little suspected OF
beng actuated by mercenaTy motives as
the judge on the bench, and would pos
sess far greater weight and authority
with juries. The fees now allowed dis
triUt attorneys COuli 90 towards the
payment Of these salaries.
JEREMY BENIHAM.