The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-01-06

I IZU, COSTS 10 the bncfl1 ana clerk, ana ices
10 the witnesses, which latter sum Is usual
ly paid out Of the county treasury. II the
foregoing be true, and take IL that no one
would gainsay it, those who support the
government feel that the standard OF the
| Judiciary is lowered. Could IL be other
wise when the cost bill averages from SIS
TO S35 or $40, and the State gets $l7 The
object OF government is TO benefit the peo-
pie who support it, Those TO whom II be-
longs want the best government they can
get for the least cost. II can be OF no con-
ceivable benefit TO the public TO prolong
circuit courts, to add largely TO county ex-
penses, merely to have trials OF petty cases,
that should be disposed Of by the justice
OF the peace In the district where the
oilense occurs. While the constitution con-
fers on circuit courts original jurisdiction
In all criminal cases, II also provides in
section 81, article /, that the Legislature,
in cases OF misdemeanors, may dispense
with the inquest OF grand jury and
authorize prosecutions before justice Of
the reace, or other inferior courts OF its
creation. Then IL may be safely stated
that with very few exceptions, every mis-
demeanor could be tried before justice Of
the peace, thus saving the counties an im.
mense sum OF money. II must be remem.
bered that there are 1853 circuit courts held
In the State annually, and II they can be
relieved OF the trial OF petty misdemeanors
the cost Of holding them will be lessened
one. half, and probably more, thereby re-
ducing the expenses not less than 500, 900
or Slb0,000. The magistrates OF every
district in the several counties OF
the state should promptly try all
cases where they have jurisdiction,
not only hear and determine causes, but
should receive cost, TO be fixed In every
case OF conviction. Let II Do remembered
that justices Of the peace can empanel
| juries, when demanded, and that the right
OF appeal obtains In all cases, 80 that no
temptation Of the costs by the magistrate
could conclude person charged with vio-
lation of the law. While presenting this
subject for your consideration, repeat a
previous recommendation, that district at
torneys be paid salaries and receive no
other fees; they should be paid reasonable
salarics-made independent officers. II Is
n safe rule, both in public and private
aiiairs, to fix the compensation for services
TO DO rendered. The character Of the SER
vices Of district attorney can be easily
fixed. lie is elected as the law officer OF a
judicial district, and his professional ser
vices are required at the circuit courts OF
the district, the compensation, therefore,
can be fixed at a sum certain. II Is no
answer TO the proposed change 10 say that
the custom in this State for twenty years
has been that Of receiving fees upon con-
viction, and that II Is wise TO let ii remain.
Twenty-Five years ago the citizenship Of
the State was increased something over
one hundred per cent, and the per capita
wealth OF the State proportionately re-
duccd. Violations OF law have kept pace
with the increased numbers, and the fee
system has served 10 incumber the courts
with class Of petty cases that have been
very costly 10 those who support and
maintain the government. In some Of the
districts, n few years ago, and perhaps
now, the district attorneys received far
greater compensation for their services
than is paid TO the judges Of the Supreme
Court. | repeat that Il Is no answer TO
invoke custom that has long obtained.
II was custom for sixty.dye years
in this State 20 have seal
or scrawl 20 all deeds Of conveyance, but
in 1880 the distinguished jurist who codi.
fled the laws dispensed with the seal or
scnwl, and abolished all distinctions be.
tween scaled and unscalcd instruments,
made by private persons, after which II
wns manifest that the old custom WIS val.
ueless. The disirist attorneys now receive
a salary Of 81 200. Add TO this amount
whatever would be reasonable and fair
compensation for their services, and then,
II II Is your judgment 10 except any mis-
dcmcanors from the jurisdiction Of Justices
Of the peace, let the fee, II any bc paid
upon conviction, 20 into the State treasury
To be applied TO the paymcntof the district
attorneys salary.
A law regulating misdcmeanors 10 the
| jurisdiction Of Justices oi the peace on all
petty misdemcanors will have the effect OF
promptly dispoeing Of probably one-hali
or two-thirlS Of the criminal cases In the
circuit courts Of the State. thus correcting
n mischief that has grown into gigantic
proportions. Supreme court judges, II
business requires, hold. courts for nine
months. The duties Of circuit judges and
chancellon are far greater than those OF
district attorneys, and they are not per.
mittcd 10 practice law, while district at.
torneys can practice In all civil cases
Could Il be held, with any degree Of fair
ness, that a system giving district attor.
ney more compensation than is received
by the supreme, circuit judge, or chanccl.
lor should receive Legislative Endorsement,
especially when Il Is remembered that the
system has been 10 often scandalized by
convictions Of petty charges with nominal
fines, and cost bill OF iron so 10 $40
Judges feel Obliged 10 impose n nominal
fine, knowing the burden Of the cost bill
! submit aud urge the suggested change
u is right upon principle. II will clicv,
the taxpayers from a large, unnecessary
aud mischcvous burden; u will be n sur,
means 81 the prompt disposal OF trivia
charges, and will, in all respects, In m,
judgment, promote the public welfare.
Tho value and necessity for q compcicn
revenue agent Ia appreciated when Il 4
remembered that lac visits every county IL
the State when there Is reason 90 below
that any portion Of the revenue, from am
cousc whatever, has been improperly with
held.
With free access TO tho auditors Office
the agent becomes familiar with all duiic
connected with revenue collections. Mr.
Writ Adams, IT,, the present efficient an,
capable agent, has collected during IN,
past two ycarS siG.b $50 70, and has in pro
ccsS Of collection and settlement nca
5000.
The Legislature on the 18th Of March
1884, passed an act looking 10 the adjust
mcnt Of
CLAIMS AGAINST ruE UNITED STATES,
and charged the Governor with the dut,
of giving such personal supervision TO IN
settlement ~ he deemed proper NJ,
action In reference 10 the adjustment con
icmpla,cd by the law was contained In m!
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