The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-12-18

sources that the Justices of the peace
one in particular, have a ssbetter thing
than any member of the Kansas supreme
court
The Iitigants in justice courts as a rule
are not persons Of wealth. The justice
is called upon to dispense justice to the
people who can III afford 10 pay fees
bigger than the amount in controversy
for the purpose of s citing a hearing.
There y less complaint regarding the
fees charged IN the higher county courts,
but there IS no doubt that the legislature
could make vast Improvements ia the
manner IN which they are conducted.
For the last quarter the fees in crimi-
nal cases charged by District Clerk s
u. Ga-denhire we're $1,256 80. which the
county auditor by careful editing cut
down TO $1.C9430 The court records
show that six civil suits are brought to
one criminal case, and estimating the
cost in each case to be the same this
would make a cost Of both il one quarter
to be $3.50, or S34 $50 year. In
fairness 10 should be said that
a large portion of this is never collected
and another large portion goes towards
paying Office help for the office IS self
supporting except in the item OF sup
plies. But even after these items are
subtracted there is more left than anv
official is justly entitled to as other
officials are paid
In claiming fees. too. the sheriff is no-
Of the voucher asked Like the clerk
the sheriH's criminal business is only
drop IN the bucket For the last quarter
the sheriff was paid S1.5S5. 80 for taking
care Of prisoners. Considerable Of this
is re presented as actual OUTLAY Then for
service of papers IN criminal cases there
was an additional $509.O5. The sheriff
was allowed S1O6 for services in the pro
bate court Besides these fees it should
be remembered that he is paid S150
every day the district court is ia session
for his real or imaginary presence in
court, and another $3.50 for like services
at the circuit court All this is for Grim
inal business alone In the district court
as IN the justice courts, the fees in civil
cases are paid by one Of the two parties
to the suit and the county auditor has
nothing to do with them.
The Remedy.
It appears to be the plan Of the law
yers TO pay the sheriff, disJric. clerk and
probate Judge a stated salary and after
reducing the fees to an amount in keep
ing with the actual Expense Of court ma
chInery, pay the fees into the county
treasury This would be an immense
saving 70 the tax payers, and the taxes
could be reduced
There IS probably no better disposition
Of the function now occupied by Justices
Of the peace in cities of the first class
than the s.DuluIh plan" which mas been
nearly four years. This plan is ..muni-
clpal court created by an act of the leg
lslature which performs the functions
now attended to by three justice courts
and the police court. The court has power
70 issue full processes, both civil and
criminal, and has the authority to try all
misde meanors and attend to civil cases
where the amount Involved does not ex-
ceed $500 The court has no juris1ic-
tiOn ia divorces and suits involving title
to land and actions against estates.
The court consists Of a judge, elective
who is paid $4,000, and clerk who is
paid $500 q year. The acl also pro
vides for a court stenographer. The
police court Of the city is compelled to
serve all warrants, subponaes and civil
Instruments, 50 that constable fees are
abolished. This plan is something Of an
innovation iii municipal affairs, and not
only lawyers but people in other callings
who know anything about city and coun-
ty government, cOncede it to be an ex-
cellent system, SO far above the present
system ia merit az TO be inc0mparable
The success Of the system is shown BY
the fact that in one year it cost $9,504
while its receipts We're SIS, ,497.