The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-06-04
JARVIS BILL
CONSTITUTIONAL.
SO Saith the Supreme Court at
Jackson.
A Decisive Victory for the Friends
of Reform in the Criminal
Costs System.
A Dissenting Opinion by Chief Justice
Snodgrass-The Bill Materially
Affects the Revenue in Nearly
All County Offices.

JACKSON, Tenn, May 27.-The SUI
preme court this morning, in a
lengthy opinion, handed down by
Judge Wilkes, holds the JARVIS
criminal costs bill to be constitu-
tional. The opinion embraces a
comprehensive review of the case
which came up from Shelby county,
and the objection urged to its CON
stitutionality, and sums up the mat
ter by saying that the bill is free
from constitutional defects.
Chief Justice SnOdgrass dissented
from this view Of other members of
the court, and submitted lengthy
minority opinion.
The court held, 1st, that ordinary
services of officers and witnesses
may be required by the state with
out compensation, and that they are
not protected by the particular SER
vice clause of the constitution.
2. That the classitications of the
act are not arbitrary and capricious,
but based on good and sufficient rea-
sons, and that this was a matter
largely of legislative discretion.
3. That there was nothing in the
act that deprived the accused of any
constitutional rights touching his
trial; that jury and officers who
summon and attend them are paid,
as before the act, out of the public
treasury.
4. That the act is not open to any
constitutional objections whatever,
and that it is in all respects valid.
Text of the Jarvis Bill.
An Act to Regulate and Restrict the
Payment of Costs and Fees in Crimi-
nal Prosecutions.
Section |. Be it enacted by the
general assembly of the state of
Tennessee, That neither the state of
Tennessee nor any county thereof
shall pay or be liable in any crimi-
nal prosecution for any costs or fees
hereafter accruing except in the fol-
lowing classes of cases:
|. Cases of homicide, rape, rob-
berry, burglary, arson, embezzle-
ment, incest or bigamy, when the
prosecution has proceeded to a ver-
dict in the circuit or criminal court
2. Cases under the small offense
law where the defendant has sub
mitted before a Justice of the peace
and has been sent to the workhouse
and,
3. All cases where the defendant
has been convicted in court OF
record, and the execution issued up.
on the judgment against the defend
ant has been returned nulla bona;
provided,
That neither the state of Ten
nessee nor any county thereof shall
be liable for or pay any costs in any
criminal case where security has
been accepted by the officer taking
the security and an execution after.
wards returned nulla bona as to the
defendant and his securities.
Provided, That the compensation
for boarding prisoners, expenses OF
keeping and boarding juries, com.
pensatiOn of jurors, cost of tran.
scripts in cases taken to the supreme
court by appeal or writ of error
mileage and legal fees for removing
or conveying criminals and prison
ers from one county to another OF
from one jail to another, and com.
pensation and mileage of witnesses
for the State, duly subpmnaed anC
required to attend before any court
grand jury or magistrate in a county
other than that of their residence
and more than five miles from sucl
residence, and where any witnesse,
! for the state shall be confined in iai
to await the trial in which he is tt
testify, shall be paid in all cases a,
heretofore.
Sec. 2. Be it further enacted
That neither the State of TENNESSEE
nor any county thereof shall pay o
be liable in any criminal case o
prosecution for the fees, costs o
mileage which may hereafter accru,
in favor of any witness who shall a
the time of his attendance as sucl
witness before any court, grand jur!
or magistrate, reside within fiv,
miles of the place where he attend
/ as such witness.
Sec 3. Be it further enacted, Tha
this act take effect from and afte
its passage, the public welfare re
quiring it.
Passed February 2, 1897.