The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-08-14
Bal Bonds and Legal Papers

There are two reforms which the next
| legislature ought to make ns soon as posi-
BILE after 1t meets. One relates to bail bonds
in Justices courts, and the other to the Gus
tom OF permitting attorneys to take from
the offices of the clerks of the courts legal
papers which have been filed there To the
| first Of these attention was called day or
two ago by tho grand jury of the city
court. 1t seems that only in this county
does the law allow justice OF the peace
TO charge q fee for making out
bail bond and the fee is SO. With respect
to this fee, the grand jury says: Sin our
| judgment no person acting in q judicial ca
pacity should receive any profit directly or
indirectly arising out Of the matters upon
which he is called upon TO pass. The pros
pect Of obtaining fees for drawing bond to
appear at examination and for trial at court
is the cause OF the many frivolous and vex-
atious arrests made in Chatham county.
This revenue is regarded as the peculiar
right and perquisite Of the Office. The in
reference OF attorneys to draw such bonds
is regarded by some as akin to robbery.
| When this tax is submitted to all difficult
ties are removed, straw bonds are accepted,
the payment Of such fees is an opiate to the
case. How can magistrates fail TO be influ-
enced in their conduct by this lava To the
corrupt it is an opportunity; to the honest
magistrate it is constant temptation"
The necessity for reform in this matter
could not be more clearly or strongly stated.
This bell bond fee undoubtedly operates to
increase the expenses of the county, because
il indirectly causes to be brought before the
grand jury a large number Of frivolous
cases. The court expenses of the county
are already larger than they should be, and
one of the ways to reduce them is 70 abolish
the bail bond fee. It is safe to say that
there are instances in which the law allow
ing this fee is abused, and, besides. there is
no justice in compelling a person who may
be accused, but who is innocent of any Of
| Tense. to pay 50 for bail bond. To pay
this fee is a great hardship for many Of
those who have TO give bail bond. The
county would save money by paying justices
of the peace O small compensation for max
ing out such bail bonds as are necessary.
The other proposed reform, the one relating
to legal papers, ought TO meet with general
! appAONhl. AALuOdHh 0Ao Od
70 give receipts for papers they take from
offices of clerks Of courts. it is not absolutely
certain that the papers will be returned. Many
lawyers are negleotful, and the papers in
trusted to them are forgotten by the clerks
as we'll as by themselves. prominent
lawyer of this city, who occupies the offices
OF an old law firm, said recently that there
were many documents stow wed away in the
Office that ought TO be in the custody Of the
clerk Of the court. The time may come
when some one Of these papers will be
needed, and vast interests may depend upon
its production.
No document ought TO be permitted TO go
out OF the custody Of the clerk OF the court
after it has been filed in his office. The
legislature should make it obligatory upon
the clerk TO refuse 10 part with the posses
sion Of any paper Of record. Those who
want 10 inspect legal papers should do SO in
/ tho clerks office.