The times. [volume] (Richmond, Va.) 1890-1903, 1890-02-11
THOUGHTS OF TIMES" READERS
Fees of Commonwealth Attorney Men
ument to Commodore Maury.

umenf to Commodore hanf1.
notice in your issue Of February - a
SYNOPSIS Of "a bill just offered III the senate
In relation 10 the fees OF attorneys ior lne
Commonwealth. .,.,o., 4,
/ have the honor Of filling tnat POSITION IN
the county Of Amherst, ana, II you wiz pei
mil me. should like to express my views,
through the columns Oh your P'pei' ''"0"
ing the bill in question. q. ..,ao
Tho hill as / understand II. provides
that i'm ali felony cases. I'm which conYlc-
tion is obtained for a felony, the attorney
shall receive a fee Of so. should the IN
dictment. however, be for felony, ana tne
verdict thereon rendered be for INSIDE
meanor. the attorney shall receive lee OF
s.. should the verdict be- mot guilty. the
attorney shall receive no fee Whatever IN
AN cases Of misdemeanor, in which con-
viction is obtained, and in that event alone,
the attorney shall receive zee oi ~ Du'
this sum the Commonwealth VIII not pay
till execution shan have issued against the
defendant and shall have been returned mo
effects"
This bill, in my opinion. has many oad
features and contains nothing TO recon-
mend it to thiRkiRg public. c
1t j. 70 be presumed that the IohnlOh-
| wealth desires % Dee represented ny cohlpc-
tent and capable officers, and II Is equaii3
/ apparent that this end cannot be obtained
/ bv causing their compensation 10 consist vi
contingent fees. which, ~ an proDaDiii''s
will not equal the certain salary pau
street sweeper in the city Of hchilon M
J The effort Of our Legislature to reduce 'hS
criminal expenses OF the ol1le II ln i..
laudable. and none more than myself eau
more fully appreciate the necessity Tor so 40
inc but. at the same time. they should ana
can effect this end without bemeanng me
hieh offices Of the commonwealth anu
making the remuneration OF her Servants
too small and uncertain o. command proper
talent and ability The patrons OF this bill
when they made the fees Of an attorney con,
tpgent upon conviction. surely Oferlooheu
the fact that the attorneys nave no super
vision or control over the grand Juries, nave
nothing 10 do with the finding OF lndict-
menfs. and do not know the evidence ~
which indictments are based till the trial Oh
the case is had II is the attorney ;
dutv 10 draw such indictments as the
Grand Jury may instruct him 90 draw
and 10 prosecute the same. Now let MS sup
pOse-and regret to say it frequently hap
pens-that grand jury, ignorant OF the
law of evidence and its effect as they gen.
orally are, shall lind an Indictment based
upon insufficient evidence. Inc attorney
must draw the Indictment, devote his time
ana IHNNI 10 lIn PIT Iftll ftAl'H t'tiA - '
because Of the ignorance and impr0Ydence
of the grand Jury get absolutely nothing ioi
his services: and in misdemean0r cases,eYen
when a verdict of guilty Is obtained, must
i'm all probability wait the ninety days
given the sheriff 40 return the eXecu.
ton before securing his fee or I'VE
dollars. In the first Of these cases cited
let il De remembered the attorney
does lust as much work and consumes just
as much of his time as though he enected q
conviction. and although the witnesses TOT
the State and the jury get their full pay l9l
attendance the attorney gets nothing. Il
this lust or eQuitables Would 1t not Do
equally proper and just To- make the fees O
] witnesses and pay of jurors contingent
upon conviction Of the prisoner on tial
But my chief objection % the bill is basel
upon principles Of morality, and Is Of a ia
{ more serious nature than the objections al
, ready offered. The attorney for the state
i'm "A criminal prosecution. should oc
cupv high and unbranded
position. His sole object should be 70 Sc
cure Justice. lie should be as free non
bias and prejudice and as entirely assn
terested in the result as the Judge ON ln
bench Now. the bill IN question make
him. 20 the extent Of his fee, party Oh
roctlv interested i'm the issue, and is IN M
nature Of an inducement 10 him 10 suppress
evidence tending to an acquital, or 10 ole
evidence. which properly and Justly b.
should not offer. which would have
tendency 10 convict. His fee. in othe
words. is 20 much blood money. and hi
high Office OF State prosecutor degenerate
into the exercise Of private prosecution -
the sake Of reward. MonstrOusl -
the provisions Of this bill he lose
all the force and influence which
total disintercstedness will ever CIV
him before jury. and the position
which he is found 10 occupy makes him
bright mark for the innundoes OF opposin.
counsel. and surrounds him with Sis
picion and distrust in the eyes Of tho
Jury. The whole principle ia radically an'
morally wrong. The only proper plan is Il
pav each attorney q fixed salary, based'up
ON the population OF his county. Let ou
Legislature decide upon the gross amour
which the State can afford 0appropriate d
this purpose. and then distribute that sun
between the cities and counties Of the Com
monwealth according TO population. llei
attorneys Will then occupy position %
dignity and disnterestedness, and be thei
salary large of small will feel pride D.
serving their state. Very truly,
Amherst G.. II. Va. JNO. l.. LIE.