Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-01-28
FAR-EEAcHisG Bill.
Proposed Act In Relation to Costs In
Criminal Cases.

Criminal Cases.
Stan Correspondence o. Gazette and journal.
Dover, Jan. 26. "A bill which will
probably have ar-reaching and salu-
tafy effect upon the practice in the
minor courts Of the State is that which
is in the custody Of Senator Robert j.
Handy, of New Castle county. 1t pro-
vides for the payment Of costs by the
prosecution where bills are ignored by
the grand jury, and in this manner
seeks to obyiate the expense heretofore
entailed upon the county In trivial
prosecutions. The full text Of the pro-
posed measure is as follows:
An Act in Relation to Costs in Criminal
Cases.
Be it enacted, by the Senate and House of
Representatives of the State of Delaware,
in General Assembly met
Sec. 1. That in all prosecutions Of larceny,
and of all misdemeanors, if the bill Of indict-
ment shall be returned ignored, the Grand
Jury returning the same shall decide and
certify on such bill whether the county or
the prosecuting witness shall pay. the costs
Of prosecution; and in all cases of acquittal
by a justice of the peace. municipal Judge.
municipal court or petit jury on warrant, in
formation or indictment for the offences
aforesaid. the justice of the peace, municipal
judge, municipal court or petit jury trying
tine same shall determine by their Judgment
or verdict whether the county or prosecut-
ing witness shall pay the costs. or whether
the same shall be apportioned between the
prosecuting witress and the county, and in
what proportions; and the Justice of the
peace, municipal judge, municipal court OF
the jury. grand or petit, so determining, in
case they direct the prosecuting witness to
pay the costs or any portion thereof. shall
name him in their return. Judgment, sem
tence or verdict. and whenever it shall be so
determined as aforesaid. that the prosecut-
ing witness or defendant shall pay the costs.
the justice of the peace. or court in which
the said determination shall be made. shall
forthwith pass sentence to that effect, and
order the said prosecuting witness or de-
fendant to be committed to the Jail of the
county until the costs are paid; provided,
however, the prosecuting witness may have
a stay of execution of such sentence, iudg-
ment, or determination for ten days if he
gives security to the sheriff to pay the costs
within ten days from the date of such SEN
tence, Judgment or determination.
Sec. 2. In all prosecutions where the JUS
tice of the peace, municipal judge, munich
pal court or petit jury trying the same shall
acquit the defendant and shall determine
cutting witness shall pay the costs or any
portion thereof. the defendants bill for his
snbppnas, serving the same, and attendance
of his material and necessary witnesses
shall be included in the costs and paid
accordingly.
Representative Donaldson will have
a maetng of his committee of 12 tin
cluding the speaker) this afternoon.
This is special committee appointed
early in the session by Speaker Riggin
in accordance with resolution intro
duced by Representative Short of Sus-
sex. which reads as follows:
Whereas, Many complaints of unfair.
discriminating and excessive freight
charges on the fruit, grain and produce
OF our farms in Delaware, as compared
with the charges for even longer hauls
of similar freight from other points are
made by our farmers: and
Whereas, So much feeling against
such a condition of thing i.exiats that
Legislative Investigation at least is
demanded in order that relief, il possi-
BILE, may be afforded to our over
burdened people: therefore, be 1t
Resolved, That q committee of ii
members Of this House. as follows
David X. Donaldson, Charles G. Demp-
sey, James 7. Taylor and Robert Nc
Cullough of New Castle county ;
and Robert II. Wilson of Kent county /;
Isaac N. Whitney and Elisha O. Dukes
OF Sussex county, and the Speaker, ex.
officio member, be and they are hereby
authorized and directed to investigate
fully and exhaustively the freight rates
of the railroads within the State
whether such freight shall be shipped
into, out of, or through this State, and
| to compare the rates and conditions
carefully with the rates charged on like
| freight elsewhere, and further to in
vestigate what influence, effect or con.
nection, if any, the free passage
given to many persons has with the
| establishment and maintenance of high
rates of freight charges and how best
| the whole subject may be dealt with ;
and said committee is directed to re-
| mort by bill or otherwise at the present
| session, with full power and authority
| to summon and call for persons and
| papers as 10 issue and have issued
| appropriate process when necessary to
| aid in their Investigations, and to add
| TO the membership of said committee
and fill any vacancies which may occur
| therein.
The farmers of the entire State, ae
well as the business men are vitally in
| terested in this measure and it is ex.
pected that there will be a large attend
ance at subsequent meeting to which
| the committee will invite the attend
ance OF all interested in the movement
for lower freight rates, or at least,
rates more in conformity with those
charged by railroads in other localities
Representative Donaldson and the
rest Of the committee invite the ship
ping public and all others having sug-
| gestions to offer to communicate with
| them either personally or by letter.