The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1886-03-09
A Word for the JPs


BAY ST. Louis, MIss., 'ysrcb 4th, 1856.
EDrroR CLARlox. Def. Sir: Two
bills were Introduced 10 the Legislature in
regard TO Justices u the Peace. The first
was, 10 substance, to psy Justices OF the
Peacf, their fees in criminal cases, and the
othei 70 require appellants before Justices
/ n tiiG Peace to phy costs 70 Justices OF the
Peace in MI appeal cases. civil and crimi-
nal. Both bills were indefinitely posipon-
el NOW every nan in the State knows
that the Legislature in killing those bills
either knows nothing about Justices Courts
or from ,Leer Incidence were adverse to
going into the subject. In clipping
which / append 10 this, you seem in
layor Of adding dignity 10 the Justice Of
the Peace courts, hence | address this CONF
munica.ion to you. a Journal Of jackson
has been addressed before on this subject,
but IL WAS not published
In Jackson, and in all towns Of liz popu-
hti0n in the State, you have capable and
efficient Justices OF the Peace, but as gen
eral rule they are ignorant, incompetent,
and their courts are objects Of contempt to
everybody, aud | will tell the reasons.
Every Official in the State, from the Gov
ernor to constable inclusive, except Justices
oithe Peac is paid Tor his services. Justices
OF the Peace are not paid, and the laws are
rather against them getting paid, conse-
quently good aud capable men will not
have the office, and the ignorant class that
do consent to accept it, have brought il
into contempt aud disgrace. A promi-
nent member Of the Judiciary Committee
81 that the law was ample for Justices
oil the Peace to get their money. p ! will
begin with criminal cases. Peace officers
--conatables especially--are required to re
port to Justices of the Peace all violations
Of the criminal laws which they see or can
hear Of Not a constable in the State,
aud but few j. P's, can frame an affidavit
that will stand the test Of the law in the
Circuit Court. But the J. p, ignorant or
knowing as he may, he writes out an
affidavit to cover the ofense, tissues his
warrant, summons the witnesses and FREE
quently jury and tries the case. Nobody
to prosecute and nine out often cases defen-
dant is acquitted by jury, but whether ac-
quilted or convicted the j. z. loses his
fees and does his work for nothing, pro
bono pubhco. II acquitted, how can he
get his fees The State cannot pay him,
and there is 10 law authorizing the Board
Of Superviyrs to pay him. II defendant
is conylctd he appeals, for he knows the
chances art that lie will he acquitted in
the Circuit Court, for II tried on the
affidavit ngde before the J. F., nine out OF
ten times 4 is worthless and will be dis
missed, theA where is the j. 7 to get paid
for his WORK 1t frequently happens that
the Distria Attorney takes the proceedings
and witnesses in the case before the grand
Jury andha the defendant indicted and
lets the ease before the J. T. go, then where
il the j. 2. to get his fees2 Will the
Judiciary Committee explain? Again, all
murdeis, homcides, felonies, etc. have TO
be Investigated before j. Ps Who ever
heard of j 7. being paid in case yet
or where is any law authorizing il? But,
says the member, he has q right to demand
and receive his fees by law, Section 439,
Revised Code, 1880 that is so, but from
whom, when aud where, in the foregoing
eases?
Now to civil cases. Throughoutthe coun-
try generally, in them j. Ps. take security
for eosts, tries the case, and in ninety-nine
out OF hundred cases an appeal is taken (;
sometimes the case is tried within two
years following and the J. Z. gets his fees,
or part of them out of appellant, but
often the case is continued in the Circuit
Court till the j. P's security and clients
are dead or worthless, aud then the case is
dismissed. Suppose the civil cases are
good ones, nine times in ten they are con
tinued in the Circuit Court till the J. z.
is out Of office and forgets them, then his
fees become perquisites of SOME one else,
or he gets paid for his work years after he
has performed it. No wonder capable
men will not take such an office.
AS Il matter Of fact about the office, a
Justice OF the Peace may do civil and
criminal work in the course of year at
legal rates. say for $500, and it is absolute
ly certain under our law he will not get
500 Of it. Let tie county pay the Justice
OF the Peace for his work. Make defend
ants, in criminal cases at least pay
costs before appealing, and they ought to
pay M in civil eases also. Either abolish
Justice of the Peace Courts, or pay them
for the duties required of them, and which
they perform to the best of their ability,
and within two years capable men will be
in the Office all over the State, their courts
will be an ornamental the State, and lit
igants will abide their decisions, and the
Circuit Courts will not be encountered
with so many little two dollar appeal
eases Then the civil aud criminal juris-
diction can be enlarged, but not till then.
A discussion OF this subject viii bring the
Legislature 10 realization OF its duty in
the premises, hence ask you to publish
the above. H. w. WILKINSON,
Justice Of the Peace.