The Lake Charles echo., 1893-09-22
WITNESS FEBs.

ing with Attorney General Cunningham
in reference to @ practice which has
prevailed among all the clerks Of court
10 the state, We presume IN regard 10
the mileage and per diem of certain
witnesses before the conrt. and, while
perfectly sure of his position, be thought
best to have the attorney. generals Opin-
ion, which We append below:
Hon. G. A. Fournet, Lake Charles, La.
Ny Dear Sir Yuur favor of the 11th
tinds me here sick. where ] have bse'
nearly three munths, and therefore j
cannot at this time examine act referred
to, but my recollection of the law II
tOlerably distinct, and know how it
has been administered in NatchitIehes
and think Othel places within my
knowledge. and Withuut the preser
opportunity TO examine the law, my
opinion is that no WiTuess residing ID
or within five miles Of the parrish ssat
8 emit ed tO any compensation IN am
criminal proceedings. whether before
the grand jury or 'Feliminary ezaminH
ton, or Un final trial before the cUurt
that no witness. wherever be may rPsid-
is entitled tu any compensation for ap-
peRriBg before the grand Jury, or Oh
preliminary examinations. and that the
only witness fees allmRed by law 10
criminal proceedings are the mileag~
and per diem allowed to WitDes ~es rssid-
ing uIOre than five mics from tue eourr
house f'tr their attendance on the conrt
rs witneSs-s on final trial. My under
standing uf the tbenry of the law is that
it IL part Of every msn's duty as q citi-
zen to freely give eVId-Dcs Of facts with
ia his kBOWIedge in criminal prnespdiugs
: which are carried ou for the prUtectlo,
of society in the interest Of every eitiz n
that the state will ODly undertake to pa
uhat are supposed to be unavoidable
expenses 10 the performance of this
l,ubl duty: that mHB lIvlug within
five miles eau attend cunrt EithUnt ex
yrnSe, and that any citizen can aptFeHr
bef"re the grand jury or examining
magistrate and rstnru home without
expense, bnt that on aecmuUt of usHn
delays a man living ut distance oaBno
hope to attend 6us tritl~ without \
peuse, and SO pays him mileage aud yer
diem mest that expense.
! bRv~ often EXamIued the law and
given my opinion on 1t. aud nm sur
the above presents the impression II hal
always made on my mind, but I VII
} look at it again wheu go TO Uowu, auC
write you If / thiuk these views eFru
neUDs. Y ,urs ,rnly.
NJ. J. CUNNINGHAM,
Attorney -G~neral
Judge FOurnet also q lotes us Act 8.
Of 1876 which reads: ''In preiminAr
criminal trials frr commitment, wit
nesses shall not be allowed any fees, p
diem or mile ge. No witu-ss fees shaD
he allowed ,r attendance before grant
jnries, and in no criminal trials or pro
cspdingH shall witnesses living With
Eve miles Of the court house or plac
where the c urt in held, be entitled t.
. fees Of mileage and per diem; pruvided
- each Nitpess subj Oeuied upon final tril
> shall rtcrive per diem as fixed by law
This is the law, aud until it is rt
K peAled or changed it will be strict
observed iu Cacasieu. A few cases ma
perhaps appear whose witnesses hVin
III within the five mile linn have receive
per diem; we feel sure that no grel
amount has been thus expended. al
now, that Judge Fournet has taken Of
or cial notice Of it, as shown by the ab"'
- correspondence with the attorney -ge
I'd sral, we are able TO announce that
,,. more witness fees or per diem will
=, paid to th"se living within the limit.