The Bryan daily eagle. (Bryan, Tex.) 1895-1898, 1897-05-29

pears 10 me. important advantages over
The system which merely limits the AZ.
Erogate of fees each oflcer may receive
ihe Limitation system requires com.
pieX bookkeeping. a return Of any sur.
plus 10 the county or state treasury In
proportions difficult 10 estimate and
removes q stimulus for the perform.
nnce 90 Official duty after the limit Il
reached The scaling system leaves the
money In the hands Of the taxpayers In
Tees paid by the state. avoiding assess
ment collection and return OF any sur.
Plus tD the state treasury. and leaves
i.U money in the hands OF litgants In
fees paid by individuals. who are entl-
ile1 ip it Instead VI taking II from
them and putting Il into the county
treasury as so much more than their
snare of taxation Except In the case
OF district attorneys who are paid en-.
treIy hy the state. the limitation plan
is diihculi of application because IN
some Instances compensation ls paid
hy the state and counties. aud In Others
hy the state counties and individuals.
The good in the limit plan which ls
FOUND 10 liking definite aggregate sums
may be approximated Ia the scaling
plan hy so adjusting the ratio OF re-
dueilon as 90 reach substantially the
same results. II seems 20 be- objected
io me scaling plan that Il will work
injustice 90 officials IN small coun-
t''s by reducing fees while now they
barely anord a livelihood. but this need
noi Do an insuperable obstacle. The
constitution does not require a uni.
form operation OF such a law through.
out The state. Any deserving Zee avs.
tenn must rest upon the principle Of
Just compensation and u Uould not be
rcpugnant t0 the constitution 10 40
frame a measure by reference Do Don.
llailon % counties as that the total
compensation in the several counties
would be a reasonable reward for the
labor performed In fact. the uniform
rule OF fees operating throughout the
state has brought about the dlsuarlty
oi Total compensation in officials which
now exists. reasonable In some cases
high in some and e1orhitant In Others
and O. rule less uniform In detail Int
looking chiefly 90 fair remuneration IN
ihr aggregate would be- constitutional.
a Jaw of Ohio. limited IN operation 10
one county which regulated official
ices was upheld by the supreme court
OF that state under constitution far
more restrictive than ours State ~
The judges 2l Ohio. ID A much
stronger case a. found IN Indiana
where u was held that a statute An
which the salaries of judges varied
with population was conFtIiutionst
Estate vs Reitz. g. Ind. 1897 N h
said also that a scaling process which
h not made applicable 20 an countie,
would concentrate business IN the larr.
or counties where the separate items
of fees were smaller. but Il occurs to
me that this would be- inaprreclsble
ana should not weigh against the gen.
'Iil good or the system 10 could not
possibly aheCt the treasurer. assessor
collector. district attorney. county M.
iOrney or the recording fees OF m.
county clerk In rare instances h
might Induce the Institution of suits In
ihc larger rather than smaller coun.
ties. hut with our venue laws and ths
small saving Ia isolated cases it would
tt of SLIGHT consequence N the seal.
ing system should b. adopted the ices
In felony cases should De- reduced as
r.r cent with a reasonable reduction
ln civil fees and % should be made
applicable tn every county in the state
iu which 5000 votes were cast M me
preceding election Repeal of the law
allowing fees in examining trials and
attachment NJ witnesses before rrand
iHrIes in fo.sIEn counties would ma
fHr.lIIy reduce Of'cili fees ana exprna-
es 0f ATTACHED witnesses without injury
tn ODE public service Under existing
law % Or Oh, common practice % issue
attachments in the frst instance 10
counties other than that OF the trial
and have sherifs carry the witnesses
before thc court Abuses of this Law
hlNc been frequent and scandalous
Ifo per diem and the actual aud fraut .
ulent travelling expenses of shcrlns In
srgh cases can be saved by issuing SUBJ .
poenas instead of attachments cloth. /
ms The court with ample authority %
punish witnesses for dIsohedience OF
ihe process While favorable 90 the
hauctcr ~ measures thus outlined.
any reasonable bll will De- approved
Tho demand is f0r Immediate relief
sEairsf cNtflvaganCo and Injustice and
u matters little through What consti-
iluoual form % may be Effected
C. A CuLBERsON. .