Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-02-25
Fee. Of Commonwealth Attorneys.


To the Editor of the Dispatch:
In your issue OF the 18th you PRINT
the Senate bill fixing salaries OF COM
monwealth's Attorneys, and / shaii De
glad to have the use Of your columns
that l may briefly call attention to what
every fair-minded person must consicer
the insufflciency, poor policy, and In
Justice of the present, as well as the pro-
posed, law. But, in the start l want
to say that 1 am heartily In favor
of retrenchment in our criminal ex-
penses. and advocate fixed salaries,
proportioned in accordance with popu-
lat!on and previous criminal record OF
the county or city, as we all know there
IL as a rule more crime to the popu-
lation in cities than in counties.
Section S34 Of the Code. and amended
Acts of 1887 and 1885, page 52i. provide
that boards of Supervisors may fix saia-
ries of Commemorative attorneys, not
to exceed a certain maximum sum pro-
portioned to population; but there is no
provision preventing such board. either
for political or personal reasons, from
cutting said salaries to minimum OF
81 year, as am INFORMED
has been done In Patrick county.
This is an inducement for the Common
wealth's Attorney, he being the adviser
and the main check to their action, pro-
vided by law. to keep in their good
graces, and thereby get the most possible
pay by winking at costly irregularities
on the part OF such board. In fairness
and Justice. a reasonable minimum, as
well rs maximum, should be fixed by law
TO such allowance.
The fee system Is disgrace TO our
State. and tends to bring her officers
to disgrace; and in the above-men-
toned bin the Ubiquitous provision Is
perpetuated of allowing Common
wealths attorney n fee OF 80 for the
prosecution OF every felony indictment
to a Judgment. and IS for misdemeanors
prosecuted 10 a judgment for Common
wealth: the first being standing In
ducement for prosecutors TO indict every
possible case as felony, and the last
temptation to persecute for the pur-
pose Of getting S. fee The bill in
question also takes away all fees or al
lowances to Commemorative attorneys
for representing the Commonwealth In
the circuit courts. I suppose they must
still do this work; but Is 1t fair that they
should do II for nothing? Then. in this
maximum schedule OF fees to be paid
IN the several counties, / fail to see any
adopted rule Of proportion, unless II be
that the coul les having the strongest
pull get Nne biggest allowance. for
population and previous criminal history
do not seem to have anything to do
with 1t. Any one who will take the trouble
to investigate will see that what
say Is true. but VIII not make any
comparisons now. as the trouble is not
as yet past remedying. Further, this
measure provides for a maximum al
Iowance from the State, to be made by
prosecutor IN fees; and when the same
have reached the limit. he VIII rest
from plundering In other words, to get
a reasonable salary, Commemorative
attorney will be tempted to multiply pro-
secutions that cost the State many times
his fees. Was there ever more ini-
Quitous system?
II Is no pleasure to me TO rush into
print. but I am constrained to raise my
voice against this Injustice to the Conn
monwealth's attorneys OF this State, and
| beg that while the Legislature has this
question under consideration they Will
do us justice by taking temptation from
the weak suspicion from the honest.
and make all independent. That there
has been little scandal on this score
am proud to think Is due TO the innate
honesty OF our profession In this good old
State. but II Is right that this evil should
be cured, and I have the following sug-
gestions TO make:
!. Let a minimum. as we'll as a maxi
mum, be fixed by law TO the amount to
be allowed Commemorative attorneys by
the Board of Supervisors. such allowance
to be in proportion to population, and II
necessary. the criminal history OF the
county or city may In special cases be
taken into consideration.
2 Also. In the allowance from the
State. let that be fixed by law at q maxi
mum and minimum amount propcrtioned
according 10 population and previous
criminal history. but TO be allowed as
follows: The Judge of each county court
y certify TO the Judge Of the circuit