Birmingham state herald., 1896-01-16
ABOLISH THE FEE SYSTEM Said Judge Braw|ey, United
 States District Judge, IN A SENSATIONAL CHARGE He Eve vingIy Scored the Commissioners /S and Deputy Marshals fq TRuMPING UP FL'MsY CASES f cySays the Evil Has Reached the Propor- tion ofa Gross Public Scandal-He
 Pleads an Excuse for the
 Commissioners.
IN A SENSATIONAL CHARGE
! TRUMPlNG UP FLIMSY CASES

Charleston, S. C., Jan. 15-In the Unit ed States district court today Judge Brawley delivered very sensational charge to the grand jury just completing its work. At this term of the court the jury has had to find no bills against many of the parties indicted, and it was becoming notorious that United States commissioners were making cases of fiimsy testimony in order to get the fees. Judge, Brawley devoted his attention to this subject. In the course of a very striking charge he said:
 Your findings have demonstrated that nine-tenths of prosecutions under sec ton 3242 have no merit in them; that they have not been inspired by any proper de- sire to advance the cause of justice but by the greed of miserable wretches, who have sought to make money out of them. some of these men have already been brought to trial and convicted of perjury
 and others doubtless will be. But this evil, which has reached the proportions or a gross public scandal, cannot be erad- icated by the punishment of a few ob- scure rascals. A new crop will undoubt- edly spring up unless some means can be devised for fighting the root of it.
 This lies in the fee system. My observa- tons on this bench have satisfied me that more than half of the prosecutions under this section-in the lower tier of counties l would say fully nine-tenths of them are instigated or prompted by the dep- uty marshals. I must do Marshal Hunter the justice of saying that he has prompt ly removed every deputy who has been, known to be engaged In this kind of blsf- ness, but there are undoubtedly many persons now on his lists who ought to be removed, and doubtless would be If the truth could be discovered, and do not despair of seeing the badge of deputy marshal one of honor, as 1t should be. Those who hold the commiss of this government ought to be above the sus- picion of doubtful acts, and the men who disgraced the service should be removed. They impair the usefulness, bring discredit upon the brave and honest men who are on the rolls. These faithless of- ficials and those worthless witnesses would be powerless for evil If the com missioners did not lend too ready an ear to the tales that are brought to them.
 'The circuit judge, whose long experi- ence on this bench opened his eyes to these evil practices, as mine have been opened in the last year or two, joined with me six months ago in a circular to the United States commissioners giving advice and instructions in this class of cases. The instructions have had little effect. Human nature has been too strong for us. I say it with pain, for I would not willingly hurt their feelings and they are all quite up to the average in character and conscientiousness, but the wretched system which makes their income to depend upon the number of warrants issued makes it very hard in- deed for them to turn deaf ear and a stern face to those who bring grlst to the mill'