The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-01-25
REVENUE OFFICERS AND FEES.

M 49, = = - -
There ought to be no sympathy with
that sentiment that regards all en-
forcement Of the penalties for Niolat
ing the revenue laws as persecution.
Neither ought there to be anything
INT condemnation for an enforcement
of the law for the sole purpose OF add
mo to the emolaments Of the marshals,
! their deputies and the commissioners.
All such prosecution is, in reality, per-
secution, and officials guilty OF it are
unworthy to hold positions OF trust.
A case is now pending in Durham in
which man is accused of offering a
deputy marshal IS if he would not
give some certain witnesses names to
District Attorney Aycock, at the last
term of the Federal Court.
There is little doubt that in North
Carolina there have been many frivol-
GUS prosecutions inspired by the desire
to secure fees. The late Senator Vance
Numbered his severest phillipics
against SuCn ullldilHldi puoiiS on
wants. The Clinton Democrat Of this
week says:
sThere are not a few instances in
which deputy marshals abuse their
office in order to obtain the fees allow
ed under the law Men are jerked up
upon slight preteXts and brought be-
fore United States Commissioners.
when if there were no fees for the mar
shals such would not be the case.
Commissioners have also been work
ING the business for the fees. Recently
three men were up before commits
sioner for some violation of the reve-
nue. laws. The evidence was identical
against each of the three men and the
whole matter could have been settled
in a trial of less than an hour. The
commissioner wanted to make So a day
for three DAYS out of the case, and so
he gave three separate trials, on three
separate days, putting the Government
to expense and bringing scandal upon
the judicial function in order to make
SIS. There have been other continu-
ances almost as fragrant, and in some
instances marshals and commissioners
have seemed to be working to increase
prosecutions and increase their fees
At the last term of the Federal Court
Judge Seymour and District Attorney
Aycock issued instructions to the COM
missioners and marshals which sub
stantially directed them to exercise
greater care to avoid frivolous prosecu-
tions, and to administer the duties OF
their office with no regard to fees.
This admonition is having a good eff
feet. and we feel sure If revenue of
Gals are guilty of continued activity
TO increase the emoluments of their
positions, these officials, whose sole
desire is to execute the law, will take
stringent means TO stop it.
The whole system is wrong. It has
not only worked badly in North Caro-
lima. but in other Staes as we'll All
needed officials ought 10 be paid sal
airy, and the incentive TO frivolous
prosecutions removed. At Charleston
last week, Judge Brawley, of the Fed
eral Court, in his charge to the grand
jury, made the following illusions 10
the evil under consideration:
Your findings have demonstrated
that nine-tenths of the prosecutions
under section 3,242 have no merit in
them; that they have not been inspired
by any proper desire 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 proper
tions Of gros public scandal, cannot
be eradicated by the punishment Of q
few obscure rascals. \ new crop Will
undoubtedly spring up unless some
means can be devised for reaching the
root of it, This lies in the fee system.
My observations on this bench
have satisfied me that more than half
of the prosecutions under this section
lin the lower tier Of counties, / would
say fully nine-tenths Of them-are in
stigated or promoted by the deputy
marshals + must do marshal
Hunter the justice of saying that
he has promptly removed every
deputy who has been known to
be engaged in this kind of bust
ness, but there are undoubtedly
many persons now on this list who
ought to be removed and would be II
the truth could be discovered, and |
do not despair Of seeing the badge OF
d deputy marshal one Of honor. Those