Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-03-31

was nm express agteem nj between the
commissioner aud ,his hrm OF uttuf.
urye. IL was a fact in oihcs cssos such
an agreement was hal, ard there
seems 20 have been no difficulty IN
these iarIics accomplishing the pur-
pose just As effectively ns 1 there hal
been an express agreement. The
evidence ehOwed that both clmmi.
slouors In default cases generally
charged $3.50, which iucludes % per
diem lee, that ~ u rule the costs are
not itvmi2ud Ia their dOcku.g md that
generally tho iCo Till ior Uuitrl
States commissioners has been iol.
lowed; that under the provisions Of
tho United States slatutss, which per.
mlls commissioners tho same cOmpeu.
SALON Tor services as IL allowed clerks,
both commissioners have charged what
IN termed u docket fee fog ma6ing
douscts, indexing, etc. The statute
authorizing this charge was repealed
I'm 1856. Tho committee were OF the
opinion that the charging OF trial per
diem foo In default cases, OF docket
fec, OF the g service Zee, when paid
TO private individuals, aud of the fees
Prescribed for United States commits.
HiNh'iH ~ AN' y Nittn f1AiNNN ihANhAh W
civil cases or IN territorial criminal
cases, are Illegal, aud In this phrticu.
lar found that both commissioners
charged excessive fees.
We are oil the opinion 1.-THE report
went On) that ihCfe Ia no authority OF
law Tor the tgxiug OF costs against dc.
PENDANTS IN criminal cases upon the
dismissal OF the charges against them,
nj .sFN.
complaining witnesses In cases Of
felony, when examinations are held by
the committing magistrate, nor at MI,
except rs provided 10y the statutes, lu
cases where Defendant charged with
an offence within the Juris lic,iuuD, tho
magistrate, is tried aud acquitted, and
the prosecution isrcgularly aiJulgcd to
be uniounded and malicious. We are
further VI the opinion that the oxaciing
Of commissioners costs from de.
PENDANT charged with u crime, as "a
condition Of nm order for u change OF
venue, ~ Illegal aud an cxtorlion.
Here We direct attention to the law Of
the Territory which makes tia misde.
meanor for n justice Of the peace TO
neglect TO pay over any fine received
by him within thirty days after its
collection. We think that the practice
OF aollolting accounts for collect ion by
the commissioner, whether a. Judicial
officers or attorneys, II improper, and
In this particular II IA hard to separate
the personality Of tho judge from the
attorney; that the permitting Of suits,
rs n rule, TO he brought Ia their courts
by comml ssiOnep or Justices OF tho
peace with the understanding that the
costs are MOTTO be paid by the plaintiffs,
and be satisfied only us they hrc col.
leoted from the defendants In exOcu.
ton, IL scandalous aud has direct
tendency to corrupt the administration
OF Justice and 90 oppress uofcndanlp.
We think the practice Of permitting
private collection who bring sulta upon
many accounts before tbs commlsslon-
ers or usticCa OF the peace, 10 be-
come the process servers Of these courts
has also a like tendency. The evi.
dencc In these cases disclose, In
our Judgment, state Of affairs that
demanos an immediate remedy. We
direct attention to the TACT that there
are nnyteight commissioner OF this
court now In this Territory, six OF
whom ara In this city. These ofilcors
do not give bonds, aud are In no wise
IctpOnalhlo 10 Tue people whose nilAtie
they 40 largely administer. Ii woulu
aeem that there In a struggle for exist.
ence between some, Mt least, OF judicial
officers, aud that they nval each other
IN Their endeavors 70 secure business
for their respective courts. II these
officials could DO required to give
bonds, and II their number could b.
reduced 80 as TO meet the actual wants
OF the community, we believe that
many OF the evils complained OF aud
found 10 exist In these cuses would dis.
appear.
In conclusion, We find that both
commissioners, as hereinbefOre stated,
suffered Improper acts ani practices
10 the manifest detriment and pervur.
sion Of justice anu to the oppression OF
litigants, and which tended to bring
the administration OF Justice into con.
tempt.