Sharp County record., 1899-06-16
TO THE JUSTICES,

Editor RECoRD:-Will you
please allow me space in your
paper to call the attention OF the
Justices of the Peace of Sharp
county to the law providing for
the county to pay costs of ex-
amining trials in Justice courts?
Section 1888 reads: In all cases
of felony where complaint shall
be made before any Justice of the
Peace or other Off Ger, and the
party against whom such COM
plant shall be made shall upon a
hearing thereof be discharged,
committed to jail or bound over
for his appearance at the circuit
court, the Justice or other officer
or person to whom any fees may
be due shall make out a feebill
for his costs allowed by law,
which may have accrued in said
case, and shall present to the
county court an itemized account,
duly sworn to, which shall be ex-
amined as provided in the fol-
lowing section, and if found cor
rect, admitted and allowed by the
county court. Now my frien Is
let me call your attention care
fully to the reading of the next
section, 1884 Of Sandels G. Hill
digest. 1t shall be the duty Of
the county court to carefully ex-
anime such feebills, and it may
in it's discretion summon witnesses
to enable it to ascertain the cor
rectness and validity of the same,
and if upon examination and in
vestigation, the court should be
of the opinion that such fee bills
are not authorized by law, or are
based upon frivolous, malicious
or unauthorized prosecutions, i'm
properly allowed by any magis-
trate, then the court may reduce,
modify or wholly disallow the
same. Now my friends I don't
write this because l feel capable
Of instructing you as to the mean
ing of law, but to cause each Of
you to carefully examine the last
section referred to. You will
certainly see that it was not the
intention Of the lawmakers to
allow persons, because they get
mad at some one, to go into the
justice court and prosecute at
the expense of the county, just to
satisfy their ambition. The law
is good if properly complied with.
1t don't allow the county to pay
cost when the prosecution is ma.
licious or frivolous. This law
providing for examining trials ID
the worst abused of any law on
the statute. It was intended for
the purpose Of having men who
commit a felony arraigned be-
fore the Justice Of the Peace and
held over to await the action Of
the grand jury for fear they
might leave the country and es-
cape an examination, but it has
become a custom to have every
man arrested who is thought to
have committed an offiense that
would pen him if proven, whether
there is any danger Of his leav-
ing or not. Now friends that is
not the spirit and intention of the
law. II they stay in the county
until circuit court they can be
indicted whether they are bound
for their appearance or not, and
about nine out Of ten who are
held over are not indicted. and
those that are indicted by the
grand jury after being bound
over, about nine out of ten u
them come clear, Why is this
the case? Because nine times
out Of ten q grudge getting up
between parties causes these ex-
amining trials, and the county
has to pay the cost all tho same.
/ hope every Justice Of the Peace
in this county will carefully read
section 1884 Of Sandels g. Hills
digest. No difference how many
times you may have read it, soc
il the law makes the county pay
for every little offense, / as an
individual believe that we all for
tho protection Of the county
ought TO comply strictly with tho