The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1891-11-06
MAGISTRATES COURTS.
VICKsBURG, Miss, Oct, "a, |

Editor Democrat-Star:
| enclose you herewith copy of
the Vicksburg Evening Post OF Ocl.
lst containing paper | had occas-
ion TO write on the subject of Mag
iSirales' Courts. To the concluding
lines (marked) | respectfully solic-
1t your more particular attention.
Should you concur in The ~conclu-
sions arrived at, would beg 10 in
woke your valuable editorial service
TO the public cause in awakening
public sentiment to the necessity
of remedying by Legislative action
the evils referred to.
The matter briefly stated stands
thus
Items in achich no compensation is
prorided:
1st In all misdemeanor cases
in which The verdict Is acquittal.
2nd Ia all trials of felony IN
which the accused stands com
mitled,
3rd In all misdemeanor cases
where appeal is taken and judg.
ment in the Magistrates Court i,
reversed by jury of the Circuit
Court.
Here, while the jury receives
pay and mileage, the magistrates
and constables receive no compen-
sation and yet, who could dog.
malically affirm that in any given
case that The jury's verdict was
right aud the magistrates wrong.
In appeals in civil cases, while
bill OF costs, 1t is true, goes up. re-
covery OF same is often never
reached.
Per Contra-CaseS IN rhich cont
pcnsdtion is prOUided for:
1st. In all misdemeanor trials
in which the convicted defendant
allows the verdict to rest, without
appeal. This is seldom permitted,
however, when the offense is grave
and the penalty pronounced is COM
menSurate.
2nd. In all civil suits, where no |
appeal Is taken, he may recover
costs of the losing party. prOuided
they be voluntarily paid, or else
there be exempt property found
to levy Tor same. Otherwise, here
also he has his labor for his pains.
1t will be seen that very much
of the work these courts are re-
qnired 10 perform, and that the
most labOr:ouS, engrossing and re-
sponsible, is made TO be gratuitous
service while The perquIsites for
the rest, which constitutes their
whole support, are trivial, preca-
rious and uncertain.
The financial theory upon which
The office OF The Justice of the
Peace is founded is an anomalous
one-that OF making judicial trib-
unal selfsupporling.
The State. in presenting its COM
mission 10 the incoming justice, IN
effect proclaims 10 him-we pay
you nothing. For your living you
must tax those coming or brought
into your court with perquiSite,
TO be called "coSts." As 10 this
you are put upon your wits to cover
into your pockets in your own way
as much as you can within certain
prescribed limits of charge for }
each party so taXed-only for the )
of levying this tribute, we
will demand large return in free
service.
Could any thing be more in con :
of public policy
We see III it virtual tender by :
he State OF a premium upon Judi
'ial dishonestv-the temptation, In l
,ther words. 10 debluch justice
lnder the stress OF personal pecu
ligry needs. \
1st. The temptation, in civil &
uitS, to tax with costs the party =
to be most apt TO pay !,
hem, and this without regard 10
he justice of The cause. u
2nd. In criminal cases, the S
10 reduce felonies re- u
uiring on proof, commitment, for P
he trial of which no compensation ii
provided, 10 petty misdcmeanors a
4 which little ready perquisite u
; at hand, N
There was time perhaps when u
hese objections to the existing fl
tatus were of far less force than n
ow. This was in the ante -bellum u
eriod, when wholly different l6
institution of society prevailed. II
When each slave-owner was by 81
,rce of his peculiar surroundings, u
n effective ex-CfiicIo cOnservalor |
f the peace over all the occupants N
his private domain whether large Ia
r small. Then the magisterial "
lice was pretty much a sinecure. iC
nd oliener than otherwise confer q
by citizens upon some clever oI
eighbor as mere personal com oi
liment. &c
To-day, The unfortunate progeny, al
undisciplined and iurbu- u
mt, OF those same quiet, harm ID
SIS, weil.behaved blacks, make of 81
'ciety what. by no strained met la
phor, may be likened To a huge
"A of ceaseless unrest. To success tn
lily cope with this novel, unhap-
v stale of affairs-to mp IN the I
nd This constantly recurring X
lawlesSness in all ITS manifold w
rms, imperatively demands aud p,
i'll more and more demand, IN The n;
institution Of our magistrates
Duris, the very best material in
~ r..-..f-1 a ] =.