Pine Bluff daily graphic., 1902-01-06
i Be PRESENT
ion of Supreme: C Court !
kss riding Fees '9f'.'' 4
| Prosecutors. -. ..
liz HUGHES PASSES Wv
QUESTION AT LITTLE
ROCK.
1. ran Be Collected on'ess
o.,tor or His Deputy Is
Present.
clsT OF The or'N'oN

the supreme 'cou''
), case of any particular inter
he state against McNair'
MAR was charged with assault
battery on information hled py
socnting attorney. which was nj
ktore a Justice of the peace by the
" prosecuting attorney.
SNoir entered a plea OF not guilty.
n The time the deputy pros5ecut'
|,torney was present and cla1mea
Of SO, which was allowed by the
te From this allowance, he ap-
kd to the circuit court. when
hold that the prosecuting attor-
ko,,]d claim a fee in justice courts
[vhen present in person, or by. de-
in pistol. whisky and gambling
aAe, state appealed to the SUI
Ie court.
his opinion Justice Hughes, IN
hg that the judgment OF the cir
[con,t was correct. reviewed the
|of the case, substantially as fol-
me office of deputy prosecuting at
ev was created by the act OF 1898,
vn as. the blind tiger act. ana
given force alone to assist in ems.
Ing said act. This act appears
ection 1923 of Mansfield's digest;
le act of 1898 enlarges the power
eputy prosecuting attorneys ill
Ice courts, section COLO and COIL.
1els & Hills digest. Up to the
age of this act of 1889 prosecut-
attorneys. when present and pros
ing case. were allowed fees by
lon g 223233 1893 of Mansfield. digest.
he legislature of 1895 amended
lon COLO and coll of aSndels q
S digest by providing for appoint
of deputy in certain counties
by providing that the "deputy pro
for section | of this act shall
authority to file with any JUS
of the peace in his county. upon
'mation charging any person with
ying weapons unlawfully, Or un-
Ill sale of or being interested in
sale of liquors. violations of the
tiger act or gambling. whereup
shall be the duty of the Justice O.
peace to Issue warrant for the
der. In such case no bond shall
e1uired for costs of prosecution.
ion provides that whenever any
on shall have been arrested un-
a warrant issued in accordance
the preceding section. shall plead
guilty and demand a trial on the
&c therein. it shall be. the. duty
ne deputy prosecuting attorney
ltend and prosecute such charge
ehalf OF the state. and in the event
onviction he, shall be allowed the
! fees. as are now ALLOWED in sim.
cases in the circuit court
ection privides any criminal ac-
pending before any justice court.
e the defendant is charged with
offense mentioned in section 2 Of
act, by affidavit or otherwise. and
plead not guilty and shall Sc
the services of an attorney to
esent him in the trial. it shall be
luty OF the Justice of the peace to
the prosecuting attorney, or dep
lof said county. to be notified of
nature of the charge and the tim !
pace OF the trial. and such prose
9 attorney shall attend and prose.
IN behalf of the state, and in case
onHctlon shall be allowed the
zee as is now allowed for similar
IN the circuit court. and that no
7cutlng attorney or his deputy
receive any fee unless he per-
NY appears and prosecutes the
nor shall any court tax any fee
e such officer did not appear per-
ny and prosecute" -. r. 81,
suce Hughes further, said: "The
III court is correct. The deputy
ocutlng oftnvnov ron rroeacuto