Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1902-07-18
OUR COURT EXPENSES.
HOW THEY MAY BE REDUCED
WITHOUT LOSS.

HOW THEY MAY BE REDUCED
WITHOUT LOSS.
The Fees Of Jurors and Witnesses. and Mileage
Of the Latter. May Be Materially Lessened
The Cost Of Jury Terms the Past Year
Report Of Judge MilIett. Of Committee Of
Investigation and Legislation to the Taxpay-
ers' League.
To the Taxpayers League of Thurs
ton County, Washington: Owing to
the pressure OF business in the Audi.
tors and Clerks Offices in this county,
the annexed data from those Offices is
somewhat meagre. Enough appears,
however, to show that the items OF
Jurors and witnesses fees (the latter
only applies to criminal cases) are a
source of considerable expense to the
taxpayers of Thurston county. How
to remedy the matter presents a seri'
Gus question. Whether litigants in
the Superior Court shall be required
to advance jury fees in civil cases, is a
matter not free from difficulty? 1t
may be urged, that such measure is
calculated to work hardships on liti.
giants of limited means; that they
should have the right, without undue
restrictions. to submit their contro-
versies to a jury; that the jury system
is one OF the palladiums OF our insti-
buttons handed down from time i'm
mortal. On the other hand it is con-
tended, that courts try Q nd determine
important issues of fact without Ger.
ious complaint. Such is true in me.
chanic lien cases in which the labor
ing classes and material men are
largely interested. also in divorce
suits, cases and proceedings of an
equitable nature. In many instance
OF jury trial, the cost OF running the
court, far exceeds the amounts re.
covered. 1t seems to me, that there
should be constitutional amendment,
allowing the Judge Of the court to
submit issues OF fact to less number
than twelve jurors, in civil actions
there is no particular magic in that
number. In some of the States, cases
of vast Importance are submitted to a
panel of six, or eight jurors. This
would reduce an important item OF
expense one.third or one.half without
embarrassment to litigants. Under
the Utah constitution of 1895, a jury
of eight sits in all civil and criminal
cases, except those that are capital.
That provision has been sustained by
the United States Supreme Court.
Where the amount involved is small
and has been once tried before a justice
to a jury, there is no sense in giving the
losing party the right to appeal, put
the county to the expense OF another
jury trial unless he is willing to sub
nit his case to the court, or to a jury
of six, being required to advance the
Jury fee. That course will cut out .
great deal of litigation Of a small
caliber, that finds its way into the
Superior Court. Trivial controversies
are apt to engender and keep alive
strife and bad feeling among neigh.
bors and litigants: at is expedient
to the republic, that there be an end
to litigation" We have law on our
statute book which requires the losing
party, in civil cases, to pay a jury fee
Of $l2 to the county. This provision
10 enforced in Judge Twins district,
comprising Chehalis and Mason coun.
ties.
| Regarding witness fees in criminal
cases, Washington is about the only
State that allows fees to defendants
witnesses; though all provide for
their compulsory attendance. This
might at first blush seem to be q dis
elimination and hardship: but it is
not the only instance where private in
convenience yields 10 the public good.
People living in given neighbor.
hood, or community, likely to be
called as witnesses, in such cases,
would become interested in the ways
Of evil doors, and keeping down the
criminal record. This will apply with
force to the prisoners friends. who
may be snxious to attend court, and
make little spending money at the
public expense. When there is a con-
viction. the law provides that the
State shall pay the witness fees. This
affords some relief. but it will be re.
membered that other counties recoup
at our expense.
Concerning the reduction OF jurors
fees from 50 to - per diem, with s.
cent. mileage, by act Of the Legisla.
ture. world afford some relief. Jur-
ors for the most part are taxpayers
and will profit along with others sim.
ilarly situated.
At this writing the court is not
through its present sitting with jury
trials; the Clerk is too busy to search
his records or communicate data re-
garding the expense Of such sitting.
When . person is arrested for the
commission Of . crime, the Prosecut-
ing Attorney may avoid the expense
Of q preliminary examination, by filing
his information in the Superior Court
in the first instance. There may be
occasions wherein preliminary exam
ination may be expedient, but they are
comparatively rare, when we have a
resident judge in this county, and
court is presumed to be always open.
There is no law that know OF which
requires the Prosecuting Attorney to
employ a stenographer in criminal
cases at the expense Of the county.
An appeal cannot be taken by the
prosecution on an acquittsl ON the
facts. Why should defendants be al
lowed to have the county expend large
sumo Of money TO extend shorthand
notes to enable convicted criminals to
appeal? Washington seems to be an
exception in that regard. Ordinarily,
one trial is all q criminal deserves.
When the State has given him trial,
before an impartial judge with \ jury,
the trial sustained by the Superior
Court, It has done it's full measure OF
duty towards him. II he desires to ap.
peal to the Supreme Court, he, or his