The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1894-12-15
FEES Or SALARIES.
For the County Officers Of West yir-
ginia: Wniehl

To the Editor OF the New DoaISIox.
There seems now to be a good deal
said, through the press and otherwise,
Of the State on the growing amount and
oppressiyeness of fees charged By Judi
cial officers such as clerks ,sheriffs, COM
missioners IN ehancery, prosecuting at
torneys, &c, and suggesting as a remedy
therefor salaries instead of fees.
That such fees, in many cases, have
for the last thirty years have been rap
idly growing in amount until they have
now become slarmingly high, and great
~ oppressive, cannot be successfully de
MED. And that 1t should be speedily
remedied is admitted by all familiar With
the subject. But, first, how is the best
way to remedy this evil? is the great
est question. VIII the substitution
OF salaries afford the remedies sought :?
Let US see:
That salaries must be given to judges
of all courts and not fees is too apparent
to need argument, and prosecuting at
torneys should be salaried and not al
lowed to receive any docket fees, or 9TH
erwise.
Take away the dazzling effect of this
docket fee in any and every conviction
and the many frivolous and yexatious in
dictments and efforts to procure indict-
ments will grow wonderfully less, and
thousands Of witnesses now summoned
before the grand jury without pay will
be allowed to remain peaeeably at home.
And yet the prosecuting attorney is
compelled to keep his oath of Office to
the letter, to prosecute all criminal vio-
lations OF the law coming TO his knowl-
edge in his county, without fear, favor
or affection" 1t was never intended to
be made the duty of prosecuting attor-
neys to send out smelling committees
loaded with process, to find out il some
one had not been doing something crook
ed. And yet, convicted criminals should
be taxed with reasonable fees including
a docket fee to the State and such fees,
when collected, should be paid to the
State, TO be applied to the payment Of
such salary.
The first objection TO the salary sys-
tenn would be in fixing a Just rule or
manner, for laying or grading the proper
amount of salary in any and all cases. 1t
could only be Appropriated by taking
into consideration the size and popula-
ton of the county and the kind and
probable amount OF the services to be
performed by such officers.
But, perhaps, the greatest objection
OF all to the salary system is that, such
salaries being paid by the State, our tax
es would necessarily have to be greatly
increased to pay the same, which would
make the industrious, peaceable nom
lltlgant pay as much or more for the
vexatious law suits, etc, of professional
litigants as il they had been themselves
the litigants. Indeed the professional
litigant does not often pay much tax
And this would tend greatly to multiply
frivolous and vexatious law suits, OF
which we have quite too many already.
Those who go to law should pay the
costs thereof.
Next, let us notice some OF the more
weighty objections urged to the fee sys-
tenn. The fees are not only exorbitantly
high, but too high. Perhaps from five
to ten times as nigh as in ante-bellum
times, when everything we ate and wore
cost much more than now. Yet any
one doubling this great increase in
amount of fees can search the records of
the several courts in this State before
the war and since and see if this not
correct. The remedy then would seem
to be in revising and reducing fees to a
proper standard by the Legislature and
specifically directing what the fee shall
be in each and every case and for what
specific services fees may be charged land
that none others shall be charged than
those SO specified; and also, that every
fee bill shall specifically state the servi-
ees performed as well as the charge
thereof, and that every charge above
rate or nnt go onaafHa1 II, foo hil
shall subject the offender to an indict-
ment, and, on conviction, fine of not
less than $50.
The next objection to the fee system
is the encouraging of litigation. This
matter shouldbe revised and reduced and
as so revised and reduced as aforesaid,
would be the better system of the two,
because it would make those who dance
pay the fiddler But this suggestion is
that the two systems may be so blended
into one, as to make better system than
either one of them just named, and in
this manner. Let proper, living salaries
be provided and fixed in some just and
simple way for each and all OF the pub
lie officers of the state, and especially
the judicial offices, clerks and commits
sloners in chancery to be paid out OF the
state treasury. Then let fair and rea
sonable rate of fees be provided for, for
each official service, of each of said Off
GERS so salaried, and each required, I'M
der suitable penalties, to properly tax
them in each case, as aforesaid, and col
lect and pay the proceeds at least semi
into the state treasury; as a
fund to pay, or aid in paying the salaries
for said officers so salaried.
In this way, you will, to a great ex-
tent least, relieve the peacable, indus
trious, non-litigant portion of the people
from paying for litigation they have no
hand in and should not be made pay for /;
and, at the same time, remove the in
ducement, bad or greedy officers might
have to increase or multiply taxations
or frivilous litigation or to improperly
augment their taxations of cost. as they
would, under such circumstances, have
no interest in, or inducement to swell