Herald and tribune. [volume] (Jonesborough, Tenn.) 1869-current, 1896-09-16
bin. found, THE COUNTY PAYS THE

over to the Court and the Grand Jury
a true bill and the case is tried on
It's merits, the costs are paid by the
State or the County according as Il is a
Felony or o misdemeanor. In q felony
case, II the Indictment is quashed, the
County pays costs. If the defendant is
discharged by the Justice of the Peace,
orif he is bound over and the Grand
Jury finds no "truc bill,n then 1t is in
the discretion of the Judge and Attorney
General, upon examination of the pa
pers, to allow the costs of the case
against the County. Now any one can
see from this statement of the law how
well adapted 1t is to "pile up COSTS"
Why should a Grand Jury of thirteen
men be required to conduct an investi-
CATION at great expense to the County
to determine whether or not some little
mlsdemeanor has probably been COM
mitted and il they so find, to return "a
true bill" so as to authorize twelve other
men to Investigate the same question
and acquit or convict the accused? There
was no necessity for such proceeding at
common law and is none now. Persons
who are charged with committing misde-
meanors can be tried without the inter-
vention n delay and expense of the
Grand Jury. AS the law now is, there
tth W univ NOotiE htlOnb dS W uu VI
legged ~misdemeanor: First by q Justice
of the Peace; then by thirteen Grand
Jurors, and last by twelve Traverse
Jurors.
Another evil that is common in the
cities is trying and furnishing a mar
twice for the same act. The act may be
a violation of city law and also of State
law, so both sets of officers, city officers
and County officers, get hold Of the fell
low in succession and he is made a
source Of expense to both Governments.
AS said by a committee of citizens of
Memphis In an address issued by them
TO the people of the State: "Our whole
system of criminal costs and prosecu-
the Young Mems Business League of
Chattanooga, and the report Of Mr..
Lewis Coleman and w. G. M. Thomas,
Esq, to the Tennessee Bar Association
last July, reveal in all its details the
~viciousness OF our system. If chosen
Governor, / shall with the aid of others,
examine the statutes Of numerous other
States and acquaint myself with their
operation and cooperate with the re-
forms In the State in bringing about the
enactment of a law that will remedy in
q great degree the defects in our law Of
Criminal Procedure. There is not the
shadow of a doubt that the laws may be
amended so as to save the State and
counties several hundred thousand dol
lars a year, and that too without doing
injustice to any officer, witness or de-
PENDANT.
One of the interesting features of this
great cost of Criminal Prosecutions
under Gov. Taylor's four years admins
tration was, that while the State and
counties were paying so dearly to place
offenders In the penitentiary, Governor
Taylor's chief occupation was turning
them out, he having issued during those
four years sos pardons to convicts, as
| shown by the records in the office of the
Secretary of State, which was at the
rate of more than n pardon every
other day, Sundays included. How he
was able to carefully examine into the
merits of so large number of cases passes
my comprehension. see from his
speeches that he explains it on the
ground of the gentleness and tenderness:
of his heart, which could not resist the
tears of the wife and mother and the
prattle of the baby as it sat upon his
knees. Too much praise can not bt
given to the quality Of mercy, but 9
Governor Is the representative of tn,
State, and mercy must be dispensed &C
cording to well established principles o
good government, and not upon sudder
emotion and childish weakness.
The Fee System.
/ hold, fellow citizens, that all officer
or servants of the people should be pait
reasonable compensation for the worl
that they perform-for the services the,
render; and that all the fees and per
qnisites of an Office, ovcr und =abov,
what Is fair and Just compensation t
Treasury. In all counties of the State
except a few, the Clerks Of Courts an,
other County officers donot receive from
the fees of their offices any more, or bu
little more than what Is reasonable pa,
for their time and labor, and any reform
in this direction will not affect them, o
but very slightly affect a few of then
But in the counties of Davidson, Shelby
Hamilton and Knox, q law to fix
maximum of compensation for such off
GERS would doubtless meet with deter
mined opposition from most of the oflic
holders. According to my estimate, upol
the best information | can obtain, tn
Clerks of the several Courts of thos
counties and the Trustees could be a
lowed each a salary of 5000 a year, an
the combined surplus that would b
turned into the State Treasury woul
amount to $4,000 a year,
There are nineteen Prosecuting Attol
neys in the State and If they were eac
allowed a maximum compensation G
$500 year, the surplus that would b
left to go to the State Treasury, would
at the very lowest estimate, amount {
$4,000 q year. And would not $500
year be reasonable? 1t would be a thor
sand dollars more than any Circui
Judge or Chancellor receives, and is a
much as the Supreme Court Judges n
ceive. Are the talents and services
Clerks of Courts and Prosecuting Attoi
neys so much more valuable than tha
of the ablest Judges?
Back Tax Attorneys.
Under the Act of March 26, 1887, al
proved and signed by Robt. l.. Taylo,
Back Tax Attorneys were originated
he has the honor of having conferre
upon the people of the State an addition
al horde of office holders, and that to
, under the hardest and most oppressiy
/, provisions of law, under which the cost
commissions and Attorneys fee
amounted in many cases from two to 81
times as much as the tax. There Al
ninety six Attorneys in the State for tn
I collection of delinquent taxes. There
no justification for their existence.
, delinquent tax of q few dollars grow
= in their hands, by the addition of pena
, ties and interests and cost of abstra1
and fees, to double and trebble tn
/, original tax. Ihave known cases wher
the amount which the taxpayer wa
!, finally required to pay amounted to ST
: times the original tax. l say there is n
, excuse for these additional tax gatheI
+, ers. Why file a bill in Chancery to co
lect taxes or have the expensive process
i of advertising by the back tax Attorney
: A distress warrant, not subject to supel
: sedeas or injunction, from which notl
2 ing, either personality or realty, woul
, be exempt is all that is necessar,
y But IL we are to have Back Tax Attoi
|, neys, they, too, should be required [
: make returns Of their fees and commi.
4 sions and pay over all in excess of
! reasonable sun. 1t is generally under
: stood that some of these Back Tax Al
: torneys are growing rich very rapid
/ out of the fees Of their offices, and II the
: were required to account for the exces
. above reasonable compensation it woul
> amount to a considerable sum, not les
!, than $4,000.
: Take the case Of the Coal Oil Inspet
tors: Think of n Coal oil Incnactnr !;