The record-union., 1891-01-24
A WRONG THAT SHOULD BE COR
RECTED NOW.

AAGS41D 4NO"s
Legislation inflicted a wrong upon
Sacramento, and some other interior
cities legislation should remove it, even
if it has to take the form of q constitu-
tional amendment, which we do not be-
ieve is needed.
AS the law now stands, concerning
townships, Sacramento City is q teOSn-
ship for but one purpose, and that is the
election of a Justice of the Peace. As
city she elects two Justices and pays
them 1900 annually, besides office rent,
cost of fuel, stationery, lights, etc. The
Township Justice receives only fees,
but these afford the Office handsome in
come.
Now Sacramento is unable to indulge
in the luxury of two Justices who do
nothing except draw their salaries, be-
cause the Township Justice absorbs all
the business, or very nearly all. The
city is indeed, by law, compelled to
throw away about 5000 year for two
JuStlceS OF the Peace.
1t ought to be rule that no judicial
officer should receive fees. His livelihood
should not be made dependent upon the
chance of collecting costs from litigants.
The reason is obvious. He must use in
ducements to bring grist to his mill
These may be never so honest, but he is
still solicitor. In this city constables,
attorneys and all others exert themselves
to carry business to the Township JUS
tice. The excuse sometimes is as follows:
'The City Justices receive their salaries,
business or no business; the Township
Justice is dependent upon his fees. 1t is
therefore the proper thing to favor him."
It never occurs to those who make this
plea that the city is entitled to considera-
ton before the individual. The theory of
the law is that the City Justices collect
fees, as does the Township Justice, and
pay them into the City Treasury. AS
matter of fact, they do very little in that
line of duty, for the reason that they re-
ceive very few fees.
1t is possible that attorneys feel that
self-interest demands of them to carry all
their cases before the Township Justice,
and while this may seem to be a harsh
reflection upon that official, and while
we have no reason to doubt his upright
ness, the fact remains that the motive for
attorneys to so act is natural one, and
with an INSCRIPTIONS man on the bench
might serve to powerfully influence the
bar. Certainly an attorney who takes
his cases before City Justice will be par
doned for entertaining some fears fiat any
time he is compelled to appear before a
township official, who is bidding for bust
ness against the City Justices.
But however all this may be, and how
ever possibly unjust the comment of the
bar and the people, we are paying out
some thousands of dollars annually for
officers who have no service to perform
in return. Either the office of Township
or of City Justices should be abolished.
We do not need three, and we do not want
any dependent upon fee system.
Perhaps ifthe evil can be remedied only
by leaving the fee system with US, that
might be borne with equanimity, if the
output from the Treasury could be
stopped.
1t never was the intention of the law
makers to infiict upon us the burdens we
bear; it is the result of attempting to
make a general law fit all cases and coun-
ties. That the rural sections may be ac-
commodated with Justices, the city is
compelled to pay out about 5000 an
nually, while the unsalaried officer
, pockets the fees that it was intended
should go into the city treasury to replace
the salaries paid out. Exact justice
would require all the fees to be paid into
the treasury and the officers to be salaried
literally.
The question is, will the Legislature
afford the cities of California thus afflicted
due relief? Longer than the terms Of the
present Justices to maintain a farcical
township organization in chartered mu-
nicipality, is to make mockery of law and
deny the capacity of the people for self
government.
The matter is of sufficient importance
to warrant the Trustees in taking imme-
diate official action upon it, and advising
officially with the Sacramento delegation