The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-03-10
Com pensation of District Attorneys
Jackson, Mss, March 5, 1886.

he aOte ana ih0ENuShis - AZ .
4 the Governor 10 the Legislature WAS I
hal the pernicioGs system Of lees Tor |
District Attorneys should be abolished,
IT that those officers should be compen-
stated BY a fixed salary. A bill Tor TINS
purpose has passed the Senate and Is now
before the House.
The chief objection urged to the bill IN
the House is based upon the plausible plea
Of public economy But it is to be re-
membered that by the existing law, in
addition to their fees, Dis strict Attorneys
receive now salary of $1,000; and this
hill only increases the amount 10 5000,
dispensing altogether with lees l under
stand that it has been suggested by some
of the friends of the present incumbenis
that we will not be able TO get good talent
on these terms. But this suggestion no
doubt emanates from some District Attor
ney who has been reaping such a rich |
harvest, that a salary of $1,000 a year, with /
The privilege of pursuing civil and chan /
cery practice, seems a very insignificant |
thing. The truth Is, that a certainty OF |
$4,000, with the right to devote from three
10 six months in each year 10 civil practice, |
is more than some of the ineumbents, il |
out of office. could now make; and l say
this without any disparagement OF the
gentlemen in office. Ii | am not right ia
this, how Is ii that We get the best talent
on the circuit and chancery bench at $500
A year, with prohibition against practice
Of any kind Ii the bill under discussion
becomes law, it is believed that not one
District Attorney will resign, and the can
didates in the coming conventions viii not,
in my Judgment, be less numerous than
| heretofore. If, however, any of the Incum
bants should withdraw, 1t would probably
be for the reasons that prompted our wor-
| by exDistrict Attorney, OF this district, 10
| 20 out OF office, namely. 70 engage in bank
| ing with his accumulate capital. With
| large family to support, he amassed during
| b term quite a sum, and am told, open
| ~ stated that the office in this district was
worth $4,000 or 5000 year, 10 say moth
| ing of outside practice. In an article in
the 5 ate Ledger l see it is asserted thai
It the recent term of the Raymond court
| held since this bill has been under eonsid-
Grafton, the District Attorney only collected
$50 in fees. Ii this is anything like fair
indication of our District Attorneys in
come, he would want the $1,000 salary,
would he not? | should urge the salary
in his int rest and TO keep him from want,
If such were the case. But we all know
| that such Is not the case. On examination,
[ find that at the June term last, a sum
mer term in this district of the county,
the District Attorneys fees, in cases
disposed Of at that term, were $l050
aud in nearly all of these cases the
convictions we're based upon pleas oil
guilty and the fines that went into the
treasury were very small-many of them
only $50, and some only 81 each. In one
indit tment there Were twenty parties who
plead guilty, and were fined $3.50 each and
costs. the district attorneys fee being Sc
|
dicIment. This will give some idea OF th,
ease and rapidity with which the disirie
attorney in this district is making money
J Bear in mind that this $1,000 was fer only
one term OF our court, and that we hav,
four courts each year. Besides this, III
regular salary Of $1,000 is baing drawn al
the time. The above facts appear o
q record, and are referred to solely for tn
purpose Of illustration.
1t said that we have tried the salar,
a; system and that it was abandoned as fail
p IRE But it will be remembered that thi
was during Republican misrule, and
moi n fair test. District Attorneys wer
Q then paid a salary OF $500, but we 500
= fell into the fee system.
The great object of criminal prosecution
to suppress crime. While fees are al
: lowed. IL canuot be denied that tempta
II tlO1 Is obCitu DtHtElEL <AlIffETGNs 70 tempo
rize with vioilators OF the law who are
- the habit of pleading guilty to c. rtain o.
:. fences whereas, were the officer servin
: under fixed salary, it would be to his il
q terest to suppress such offenders by insis
ing upon the iuhiciiOn of the most sever
D D nalty after the first or second offense
= | do not wish To be understood as int
mating that our able and worthy Distrit
attorneys are derelict or unfaithful in thi
}. respect, but only suggest that in this, as i
l. all other eases, it should be the aim OF tn
y law TO provide that interest and dut
should lead in the same direction.
= Again, it shoult be to the interest of lh
t prosecuting attorney to discourage bringin
;. luto the Circuit Court a great many petit
misdemeanors that should be disposed
II in the magistrates courts. In this wa,
s. 10y excluding from the Circuit Courts til
thousand and one little cases that get int
these courts, n saving will be made to tn
' people of the State that will greatly oyel
s balance the $500 additional salary propose
S to be paid the prosecuting officer IN eae
: district. What is saved to each county
saving in the aggregate tofhe State, an
In my judgment the small additional sur
s proposed TO be paid district attorney
would be but mere triffe as compare
with the great benefits be derived from
" change IN the present system. As said b
e Gov. Lowry in his message. the State ia
| is not onerous; it is the county taxation
that bears heaviest on the people, and [
Il this the Judiciary expenses constitute tn
Y chief burden. This item is greatly aug
/. menied by reason Of the many trivial mis-
demeanors that are prosecuted in the Cir
;, cult Court contrary to the intent of tn
= constitution. In Kinds, our county take
!
of the State tay3 Our court ex
+ penses are greatly increased a
i each term by reason OF numerous it'll
Y cases that are brought in and which ar
generally disposed OF by the inhiction of
{ very light fine and costs, the latter includ
e ing the District Attorneys fee of 81
o or $50. The small fines that go into tn
treasury do not begin to pay the expense
;, OF the prosecutions, and in this way a bur
Il den is imposed upon the people with
= very slight corresponding benefit to society
), In greet many communities there ar
men who are in the habit Of violating tn
] law, and who manage to escape when in
n dicted by paying a small fine and cost,
E II the District Attorneys were only paid
stated salary, it is believed that Their
would be a greater incentive for them /
Y efectually dispose of such characters.
Ii was certainly never contemplated b
= our Jaw makers that District Attorney
whose entire time Is not occupied in tn
x discharge of his duties, should receive tw
or three times az much as the Circui
i Judge, and a great deal more than th
Governor or any other State officer.
The TACT that the duties in the seyers
districts are not equal is not an argumen
against establishing uniform salary. Ii
g the districts where the work is lighter. tn
officers are compelled TO travel more thar
IN the others, and it would bot be lust t,
make the salary less for suchEalistricts. I
= would seem that the District Attorney
| themselves should desire to be compensate,
by fixed salary, so as To be entirely i'm
partial and wholly free from any suspicio,
OF selhshness or unfaithfulness in the dis
charge OF their dnties. 1t cannot be saif
that these officers will neglect their oficia
duties II placed upon a salary as in tn,
case OF other State officers. The office O
District Attorney is one of great honor ane
importance, and brings the incumbent int,
e prominence, and, with a fixed compepsa
ton, every inceative would be offered I,
encourage faithful, efficient and success
ful discharge of it, duties.
L have no concern in this matter excep
that which springs from the common in
, terest OF citizenship. The measure is opt
OF such importance that. without seeking
notoriety, | have ventured to give my view
IN its support. 1t is very much to b,
hoped that the House will pass the Senat,
bill, which has been so strongly recon
mended by the Governor
L. BRAME.
EDITOR CLARION | was especially de
sirous that the editor OF the Vicksburs
Herald would meet the author OF The