The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1898-10-27
CITY COURT
NOW PROPOSED
Discussed and Opposed by
a Marietta LAWYER.
He ARGUES AGAINST IT..
He Declares 1t Would be an Unnec.
essary Expense and that the
Superior Court is Ample.

| EDITORS OF JOURNAL-A notice APP
peared in recent issue of your paper
! that bill will be introduced in the next
legislature to establish city court for
Marietta. The purpose had in view by
our Lawmakers in requiring local no.
tice of local legislation to be given be-
fore the session of the legislature, was
doubtless to prevent hurtful legislation
and to put the people of the county on
notice of what was about to be done
affecting their rights and their welfare,
and give them a chance to object or
forever after hold their peace.
AS citizen and tax payer of Cobb
county I shall, with your permission,
present my views on this proposed leg
| islation.
am informed by Col. N. A. Morris,
who had the notice inserted, that he
proposes to establish city court SINH
! lar to the city court of Waycross, in
the county of Ware, as set forth in the
acts of the Legislature for 1897. This
act gives the city court jurisdiction of
all civil cases in the county except those
over which exclusive jurisdiction is
vested in the Superior court, such as
divorces, ejectments and equity causes.
| 1t gives it jurisdiction of all criminal
cases of the county except felonies. :.
1t provides for judge to be appoint
ed by the governor, with the advice and
consent of the senate, whose term of
] office shall be four years. 1t fixes his
salary at 81 10000 per annum to be paid
out of the county treasury.
1t provides for a solicitor of the city
court, who shall BE- appointed in the
same way and for the same length of
time 1t provides for his fees in suit
able manner as f2r as the circuit solici-
! tor.
1t provides for clerk to be appoint
ed 10y the judge of the city court, and
his term shall be four years, and he
Pshall have right to appoint deputy.
The county sheriff alone of all the
county officers shall act in this capacity
for the city court. The fees and du-
ties of the clerk and sheriff shall be the
same as for like services in the Supe-
riOr court.
The terms of the court begin quar-
terly on the first Mondays in March,
June, September and December.
The mode of procedure and pleadings
shall BE- the same as in the Superior
court as far as the law allows.
1t gives the judge power and author
ity to hear and determine all civil
cases, except that either party can de-.
mand jury trial by entering demand
on or before last day of return term of
suit ''in all cases where party is emit
tied to trial by jury under the con-
stitution and laws OF this state"
In criminal cases the defendant may
be tried on the affidavit of a prosecutor
charging him with misdemeanor, but
he has constitutional right to demand
an indictment of grand jury and if he
chooses TODD so he cannot be tried un-
| til Superior court grand jury finds
true bill. After the true bill is found
it is discretionary with the Superior
court judge to either try the defendant
himself Or send him back to the city
court for trial Should he be sent to
the city curt for trial he can still force
! a jury trihl just as he could in the Su-
perior court, and if the jury is not at
hand to Try him, and he fails to give
/ bond, he Is sent back to Jail and there
detained Just rs prisoners are now de-
tanned.
The jules are gotten from box con-
| tanning tie same names as in the Supe
rior cour box and in the same manner,
and it tales the same number as in the
| Superior court to try a civil or crimi-
nal CAUSE and at the same daily charge
as for TIL Superior court.
| present. the facts so that the people !
of Cobb Iountyscan see the situation es
| it is andreach their own conclusions. |
| Now, the serious question with which |
the peope are brought face to face is:
what god is to be accomplished by the |
creation of these new offices of Judge, |
clerk, dlputy clerk, solicitor, and so |
forth; TIE addition of these new. sala- !
ries to bl paid out Of the county treas
ury, andthe creation Of this new ac-
| count?
1t canpt take away from the Judge |
of the Sberior Court one iOta OF his jul |
risdictioI. The constitution specifies |
his powd and duties, and only the
| people vAo adopted the constitution by 1
an amen ment TO that constitution can
take thee powers away from him.
1t ca1Ot take away from him his
| salary. That is paid to him by the
state, an out of the state treasury.
| 1t caIhot take from the circuit So /
licitor, lie clerk of the Superior court
or the sRriff the fees allowed them by
law.
1t canpt take from the people the
right ofrial by jury of their coun-
| trymanh no matter how much it might |
try to dade and get around this con-
stitutiohl guaranty to every citizen.
| 1t carrot dispense and do away with
grand j9ors selected from the body of
the pedle to look into county affairs
during he sessions of Superior courts
and to rst see that there is sufficientl
cause I'd indictment, and to indict one
'7of theifellow citizens before he can