The Opelousas courier., 1895-03-02

payment of the fees OF the Clerks now allowed

payment of the fees OF the Clerks now allowed
by law for the issuing Of said certificates"
Sec. 8 nothing but repealing clause.
The Act, it will be observed, makes no dis
%tincti0n between civil and criminal cases, but
provides in general terms that IN all cases the
Clerks shall issue, etc. The distinction should
be borne in mind. however, as the act might be-
constitutional as to the one class Of cases and
unconstitutional as to the other.
In the hss discussion OF the question in this opln-
tendance issued to jurors and witnesses in
criminal cases only.
objections to urge to the constitutionality Of
the act. The first is that the object or purpose
OF the act as stated in its body is different from
that stated in its title, in contraventlon of Art. 90
Of the Constitution; and, secondly, 1T provides
for the pay of the Clerks of the District Courts
for services in criminal matters by the parish,
in violation of Art. l21 of the constitution.
shall dispose OF the second objection first.
Art. 121 of the Constitution provides thai HE
1.-THE Clerk shall receive no compensation for
his services from the State or the parish in
criminal Matters" 1t follows therefore that if
issuing certificates of attendance to jurors and
witnesses in criminal cases is services in crimi-
nal matters, the act insofar as it provides tor
the payment of the Clerks Of Dist. Courts for
| such services by the parishes is reconstruction
al. Now, is such service services in criminal
matters"2 Undoubtedly. The intent of the
trainers of the Constitution was to cut down
criminal expenses, SO they consolidated the
offices of Sheriff and Tax Collector and those of
CltFh dUu hGcOFueF. Ia Tie former Case, The
holder of the consolidated office is to receive
from the parish for his "services in criminal
matters 1.-THE keeping of prisoners. conveying
c%onvicts to the penitentiary, insane persons to
the asylum and service of process from another
parish, and service of process or the perfor-
nance of any duty beyond the limits of his
and stipulated salary. In the latter case, the
holder of the consolidated Office is to receive
no compensation whatever for services in
criminal matters from the State or parish.
The pXnrnaSiOna hpiOp identical yypOn the S9ma
subject matter Criminal expenses), doubtless
have the same meaning and were employed in
in Art. 19 the phrase services in criminal
matters " is given the widest possible meaning,
as conveying insane persons to the insane asy-
lum is considered o criminal matter, for if not,
why exceptit when liking the salary for services
in criminal matters 2 And the question having
undergone judicial Interpretation was so de-
Lake, sheriff, VS.. the parish Of Caddo, 81 An. p.
7Ss; A part OF the syllabus of that case is as
follows, to-wit: 1.-THE Constitution has not
used the words criminal matters in Art. l19
as importing pending criminal causes alone,
but i'll a larger sense, and they include What
ever appertains to sherif1s' services in criminal
Matters There can be no doubt that the
words have the same meaning in Art. 121.
Light is also thrown upon the subject by Sec.
1912 OF 4. =: OF 1870, found under the title OF
C crimina5 P Proseeatieas.s s'' said se aaapep asea e,
the pIs" or jurors and witnesses as crimina al
matters and requires the Clerks of Court and
pIcSluluS Judge tuGr6OI TO CSfL1Y TO Inc COZ
~rectness of the accounts of jurors and witnesses
for attendance in criminal cases. This certified
account Is the witness or jurors certificate
law has been in esist se since n I taaii and being
found under the head of Expenses in Criminal
Prosecutions" in the r. s. must have been con-
sidered by the Constitution makers when they
wrote that the Clerk should not receive COM
pensatlon from the State or parish for services
IN criminal matters.
The unconstitutionality of the act is equally
clear under the frat 0hinefj0n The lCfh Art
OF the Constitution provides: Every law en-
acted by the General Assembly shall embrace
the title" Now, the object of the act as stated
in its body is to provide for the issuance of Ger
%tiiicates OF attendance on Court free Of charge
parishes Of the fees of the Clerks OF Court for
issuing said certificates, while the object of the
act as stated in its title is to provide for the
es are to he paid and collected. The title
would provide for the manner of paying the
fees ct witnesses and jurors, and the
of Clerks of Court for issuing certificates to
witnesses and jurors. The objects of the act
as set forth in its title and body differ widely,
Constitution has been literally interpreted by
the Supreme Court, it is still my deliberate con-
viction that Act 81 Of 1890 is irreconcilable with
null and void for this reason as we'll as for the
reason previously stated.
Having come to the conclusion that Act 81 Of
1oSU Is Observation-Disclosures, IL WOutuS 6Gm 10 10 Uu.
necessary, under my instructions, to go into
the question OF the amount of the fee allowed
by law to the Clerks Of District Courts for issu-
the investigation, and the result Of my labors
in this regard may be of service to your h0nOrs
whether you accept my views as to the c%enstitu-
I consider to be che law upon that subject also.
L have not been able to find any law specially
fixing the fee for this service. The Clerks OF
the District Court of this parish have been in
the habit Of swearing the III VnP mr. wifnaAa 4a
well as affxing the seal and certificate and
charging fifty cents, very likely under the fol
"For af RIdTis' eerti ii ate and ande seal Of, Of Court S1ti; sq to ali
other records or documents other than those
herein specified, thirty cents" For xamin-
ing gb and ds swearing s each wi witness is ssd twenty = cents Ss9 -.
jurat is not. See Act Il Of 1877, sec. 8, amended
by Act 46 of 1878; Act SO of 1894, sec. 7; r. 8. Of
1870, sec. 1912. re:enacted by Act IS Of 1884.
Since the law does not require it, the swear
ing of the juror or witness is q perfectly idle
formality, because he could not be prosecuted
f fer perjury sst r. sl smsnd he swear W. - fa IL ely ;ad E. 8. Of Of
not think therefore that the fee Of Clerks of
District Courts for issuing these certificates.
under existing laws, should be moro than 80
Respectfully submitted.
E. B. DUBUIssON, Dist. Atty.
On motion of DR.. Clopton, Resolved that the
President of the Police Jury be and Is hereby
authorized and requested to advertise for bids
for the mapping and listing Of the parish in
accordance with the recommendations of the
committee this day made. The bids to be for
q contingent fee for lands brought ON the
assessment rolls over and above lands at pres
ent assessed.
On motion of DR.. Clopton, the report of the
committee appointed to ascertain the cost Of
repairing the Spring bayou bridge was re-
ceived, committee discharged and the SUM of
$175 was appropriated out of internal. improve
ment funds, 4th ward, to do said work and J.
B. Clark, j. NJ. Lawless and j. NJ. Jackson were
appointed q committee to sell contract to do
said work.
On motion of Mr.. Evans, the sum Of $3.50, or
as much thereof as may be necessary be appro-
1895, half each out of LIST aud 18th wards, to build
the Debaillon bridge, and Messrs. Edmond
Sylvester, Albert Fontenot and Emile Lafeur
appointed a committee to let out contract to do
said work. The above committee is authorized
to sell whatever old lumber that might be left
to the highest bidder for cash and turn over
proceeds to the clerk. OF the Police Jury.
MI. Evans in the chair.
On motion of Mr.. MCGEE, the sum OF 90, or
as much thereof as may be necessary, wa
appropriated out OF internal Improvement
funds of 1895, 9Th ward, to rebuild bridge on
Coulee Derosier in Faquetaique, and Martin
Carron, Martin L3ger and Peter Savoie ap-
pointed q committee to let cut contract to the
lowest bidder.
On motion Of Mr.. R. Lafeur, the report Of
committee appointed to ascertain the cost of
building the Guillory bridge on bayou Carron
was received, committee discharged, and the
sum of sl2s was appropriated ont of internal
bridge, and Messrs. Alein vldrine, Theodore
nnuoof and AlaY navila onnoinfa1 a nouo-