The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1886-01-23
The GOYeFnor's 1ieSSage-CrInIBsI
Procedure.

The C0Yernor's 1ieSSage-CrInIHsI
Procedure.
The State tax is not burden
some. The principal burden of
taxation is county and municipal.
A large part of county expense
consists of what is called "the
judiciary to which belongs, as a
principal item, the fees of wit
nesses in criminal prosecutions.
These are enormously. and |
will add unnecessarily increased
by the fact that numerous misde-
meanors which should be prompt
ly disposed of by the justice of
the peace of the vicinity Of their
occurrence are prosecuted in the
circuit court. If you can pass
any measure to remedy this mis-.
chief and relieve the circuit courts
from this class Of cases, | earnest
ly recommend that you shall do
so.
On many grounds it is desirable
that the magistrates provided for
every vlcinage shall promptly ex
ercise their jurisdiction and try all
charges over which they have it..
The economy of this course is Of
itself enough to commend it. Un-
der the constitution, which con.
fers on circuit courts original ju
risdiction in all criminal cases, it
is not allowable to deprive those
courts of jurisdiction to entertain
prosecutions for misdemeanors,
but the constitution (sec. 81, art.
~ provides that the Legislature,
in cases of misdemeanors, may
dispense with the inquest of a
grand jury, and authorize prose.
cutions before justices of the
peace or other inferior courts of
its creation.
1t may be that il would be well
to allow a fee of one.fourth of the
amount now allowed to district
attorneys on conviction, to the
justice of the peace for each con.
viction.
The objection that it would be
a constant temptation to Justices
of the peace to convict for the fee
is met by the provision for an ap.
peal to the circuit court, and by
the right Of every accused to have
a Jury In the justice court as his
trier unintluenced by the justice,
With this objection overcome il
may be expected that many mis-
demeanors, which now escape the
notice of the neighboring magis
trate and await discovery by the
grand jury, will thus become the
subject of prompt investigation
near the time and place Of theil
occurrence, for fees ut the end o
a prosecution are known to be {
powerful stimulant of vigilanc,
and activity to earn them.
If there is danger that certain
misdemeanors of grave characte
may escape due punishment b.
Justices of the peace, 1t is compe
tent for the Legislature to excep
from the grant of Jurisdiction o
justices of the peace, such misde
meanors as may be desired to b
) especial subjects Of prosecution i
circuit courts. In this connection
| suggest that no costs or Dis
trict Attorneys fee be allowed il
prosecutions in Circuit Court @
all the classes of misdemeanors
| the prosecution of " hich, in Circui
Courts is desired to be discoul
aged.
The allowance of costs and fee
in justice courts and denial Q
them in Circuit Courts will go ia
to effect the object | deem so dt
sirable. Certainly Is seems to II,
every legitimate means should b
: employed to prevent the great ev
|, Of the consumption of a large pal
: of the terms of Circuit Courts |
o the trial Of petty cases, prosecute
in the name of the State, Mt emo
nous expense, to result in case {
conviction In a fine of one dolla
a and a District Attorneys fee {
ten or twenty dollars, and fees I
the clerk, sheriff and witnesses
q considerable amount. the las
named in many and perhaps MOI
instances to constitute a charq
y upon the County Treasury.
deem it appropriate in this come
r tion to renew my recommendatio
+ made two years ago, that Distri'
Attorneys be compensated alor
by reasonable salaries. They al
y now paid o salary of s1,25O p'
. annum each, and are allowed fe'
on conviction varying in amour
t. with different ofenses. This is
n o~-;I Eooa et,oulI paror ho r