The comet. (Johnson City, Tenn.) 1884-1916, 1897-04-22
Hoods Pills easy easy 10 oner a s'! g5 < en-
MI. Jarvis Dlssents.

representative JarNls, du-
;hor of the law enacted by the last leg
Statue, reiterates his belief in the wis
lom and constitutionality of the law,
Notwithstanding two judges have de-
,lared it unconstitutional. Mr.. JAWS
says:
1t is the only law that has been pass
ed in Tennessee in thirty years that
gives any relief to the overburdened |
and oppressed taxpayers, except the
law settling the State debt. In fact, it
is the only measure that can be passed |
that will give much relief, unless We
repudiate the State debt, quit paying
our judges, exective expenses of our
charitable and educational Institutions
This is well known to every man who
is at all familiar with the financial af-
fairs of our state. The salaries of iudg-
es cannot be reduced during the time
for which they are elected. Under the
Leonard case, Pickle 400, the legisla
ture is powerless to abolish any judges
office, or, if they do, he can draw his
salary during the time for which he
was elected. 1t is well known to all
men we'll posted that one-third the ex
penses of the judiciary could be dis
pensed with by comforting both county,
law and criminal jurisdiction upon our
judges. The expense of criminal prose-
cution could be greatly reduced by
having county Judge and county at
attorney in every county in the State
and give to the county judge jurisdic-
tion to try all misdemeanors and felo
MES up to the grade Of petit larceny,
because this would give us speedy tri-
ais. We can not do this under our
present constitution.
The costs of criminal prosecutions
have assumed alarming proportions.
The cost on this account to the State
and to the counties aggregates about
81, 22, 900 per annum.
This is the amount of money (priyate
property, if you please taken out Of
the peoles pockets to pay for prose
cutting crime. Under the criminal cost
bill the people are relieved of about
800, 900 per annum of this sum. But
we are told that the bill confscates the
services of clerks. sheriff's and witness
ses Those officers are not bound to
serve; nobody is trying to force them;
none have resigned, and / am informed
that every one of them, from Carter to
Shelby, are candidates for reelection.
What obligations are the people under
to pension these men? In over half
the counties of the State the fees of
these Offices were not sufficient to make
living for those worthy men, yet
good men were always ready to take
the ces-glad to get them.
As to witnesses, we are told, the act
violates article I section 81, of the con-
stitution, which provides that "no
mans particular services shall be de-
manded or property taken or applied
to public use without the consent of
his representatives or without just COM
pensation being made therefor"
Under Judges Estell and Cooper's
construction of the constitution it is all
right to take mans property to prose-
cute crime but all wrong to take aman's
services.
ga man may be required to serve as
juror without compensation, " 4 Bax.,
179. ga lawyer may be required to de-
fend the causes of poor persons, in both
civil and criminal cases without com
pensation," deisk., $50 % Bax. 893.
In Nicely VS.. State, 4 Bax., the court
said "But it is one of the implied
and necessary conditions upon which
men form governments that sacrifices
must sometimes be made by individuals
for the common good, for which no
compensation can be claimed. Such
sacrifices of time and personal service
or of property are compensated for in
the protection which the government
furnishes for their rights of person and
of property. Hence whenever, in the
Judgment of the legislature, it becomes
necessary to require the services Of
Jurors in carrying on the courts, their
services may be required, and, if need
be, even without compensation but
this must be required in pursuance of
laws enacted for that purpose by the
legislature. "
All picked-up jurors who only serve
one day are compelled to serve without
compensation. Hundreds of men are
daily summoned on panels in the va
rious courts who get no compensation.
officers of elections we're compelled to
serve without compensation prior to
1887. All able-bodied men between IS
and As years of age arerequired to work
the public roads without compensation.
1t may be said you take a mans pri-
vate property to pay for the prosecution
of crime because the good of society
demands it. Why not take his services