The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-06-04
MAGISTRATES WARRANTS
JUDGE DuBosE WILL PASS ON a
LARGE NUMBER THIS WEEK.
The Late Law Compels the Judge to
Examine All Warrants and Disallow
When Founded Upon Mistaken Legal
Conclusions.

The Magistrates warrants are to be ex-
amiped this week by Judge DuBose and
Attorney Peters.
These documents have been thorn in
the side OF county affairs for some time
and their examination and overhauling is
usually attended with considerable inter-
est on the part OF the conscript fathers.
Some Of the Magistrates say they do not
care what Judge DuBose does with their
warrants;ii they are not correct and should
not be allowed, they do not want or ex-
pect them to be; Others claim TO under
stand the law and the prophets as we'll as
Judge DuBose, and that il he will only
permit an appeal from his adverse deci-
sions they will be satisfied. There are
others who are neither 30 courageous or
confident, and are fearful that multi
plicity OF warrants may excite suspicion.
Ii is claimed that in some OF the Magis-
trates' Courts sutton who comes in for
the purpose Of bringing suit or prosecut-
ing an offender Is seized upon as nu-
cleus around which mass OF litigation is
gathered. Jones swears out warrant
against Brown and brings the latter into
court. Brown is then induced TO swear
out counter warrant against Jones, who
in turn swears out second warrant
and 80 on, ad infnitum. Thus the
'squiroe business has become most pros
porous So much 3d. indeed, that har-
vcstors from distant fields are coming in
TO share in tho bounteous crop as cleaners.
This has gone 80 far that in one instance
Squire from Mississippi is said TO have
thrown of the ermino in that State and
come here 10 serve in the capacity OF con-
stable or sheriff. But the papers aio
turned out with such astonishing rapidity
aud in such proiusion that the officers
cannot serve them and hangers-on around
these temples Of Justice pick up quito
nice living by acting rs special officers
for the service OF writs. II is claimed,
too, that these improvsed messengers OF
justice are experts at digging up cases. II
a darkcy slaps another one, there is, then
and there, n ground work for hali-a-dozen
suits at least.
Then the law which authorizes any one
10 practice as a lawyer in Justices Court
by simply obtaining certificate OF char
acier from the County Court-the only
character they have in some instances-is
charged with being trcighted with baneiul
results, m the doors are opened 10 those
who have no quams OF conscience about
practiclng barratry, and whose only code
OF morals Is the criminal code Of the State.
Justly OF unjustly, right or wrong, these
opinions are held and freely expressed by
a respectable number of citizens who,
while they arc anxious 10 see every Magis-
tratc receive his Just dues, aud who be-
lieyo that the majority OF Magistrates will
ask nothing more, are in full accord aud
sympathy with Judge DuHoso in his Of.
forts TO stop illegal trailcking In the igno-
rance or cupidity Of the people. II any such
exists, for which the community Is taxed
| in cost bills.
That greater scrutiny will characterize
the examination OF vouchers In the future
Is certain. The late law on the subject Is
not merely declarntory but mandatory,
and makes IL the duty OF the Judge aud
| Attofncy.Gcncral 10 examine each war
rant soarchingly. The following Is the
new law:
Chapter 1870. Section /. Re Z enacted
| 10y the General Assembly OF the State Of
Tennessee, Tina, IL shall be the duty Of the
Judge and Acknowledgement to carefully
| examine all bills OF costs certified for paw
ment by Justices Of the Peace, in which
the State or county has been charged with
costs OF criminal prosecutions, aud IL IL
shall appear 10 the Judge and Attorney
General In any manner that the prosecu.
ton with which the State or county has
been taxed with costs by the Justice OF
the Pence has been frivolous, malicious. or
commenced TO procure fees, II shall bo the
duty Of the Judge and Attorney. General
TO disapproye aud disallow said bill of
, costs. and no part Of such costs shall DO
D paid by the State or county In such case.
Section ?. Bo IL further enacted. That
the certificate OF the Justice Of tho Peace
. trying a cause that the prosecution Is not
frivolous, malicious, or set on foot 20 pro.
cure fees, shall not 10 conclusive on the
2 Judge or Attorney General, but they may,
> and Il Is hereby made their duty 10 la
I quirc and II itshall appear TO them that
a the prosecution h frivolous, etc. the Judg,
aud Atiorncy-Gcneral shall dsallow them
!. Tho act takes effect from aud after IL
4 passage.
) II have maintained that the aulhorit,
4 was conferred under tho old statute, 4
!. said Judge DulBosc 10 an ArrEAL reporter
a when his attention was called 10 II ycster
day, "and | have acted accordingly. War
rants that come up ior apparently irivOl
ous causes shall be inquired into aud dis
VI allowed"
b. "Will tho Magistrates DO permitted /,
N come into cour, and prove their claims
a | mean, can they bring In tho plaintiff
defendant and witnesses In every case {,
y prove that they went 10 law In cold bool
~ aud not Tor iun2"
- Judge DuliOsc smiled, but oyaded IN,
u question 10y n change OF the subject
A. Tho Magistrates will be looked after,
v h thought, but many believe thai, In tht
language Of the last Presidential campaign
\. the Magistrates "arc all right"
~ WANTS TO ROAST SOMEBODY.