Bisbee daily review., 1904-12-20

COST PROSECU TING CRlMlN A LS
 The Clifton Copper Era suggests that some provision should be made for the payment of witnesses in crim nal eases in Arizona. Such a law would add greatly to the cost of crimi nal prosecution in the several counties and still the suggestion is one worthy of serious consideration. Every body in any way connected with the prose. cution of crime except the witness, who is called to testify against a cIim insl, gets fee. If the witness can safely take a pauper's oath he may Receive his actual expenses; otherwise he gets nothing.
 While on this subject we desire to suggest a law which we believe should be enacted by the coming legislature. provided Arizona is still in existence when the time comes for the lawmak- CTS to meet. This law is one which would provide for the payment for all criminal prosecutions in felony eases by the territory snd not by the coun. ties ss now. Such a law would equal ize the burden of prosecuting criminals on all the people of the territory as it should be. All cost bills would be allowed on certifcation of the judge and clerk of the district court. by the territorial auditor and this feature, we believe, would result in lessening the fees in many eases.
 When ciminaI is prosecuted in any county it is in the name of the terri tory of Arizona; if he is convicted property and society in every county in the territory is protected as a result.
 For instance, in our home county of Cochise, criminal prosecutions are more frequent than in any other county for the reason that Cochise county has a long stretch on the border and catches many criminals who are run ont of Mexco into this country.
 Every criminal from Mexico that is caught and convicted here simply re- heves some other county in the terri tory of the burden of prosecution and at the same time protects every other county from the depredating criminal. In many of the interior states this law has long been in force and wherever enacted it has proven satisfactory
 The problem, however. which has long been unsolved in Arizona, is how to get rid of'the enormous expense of prosecuting misdemeanors and petty ohenses in our justice courts. The total of this cost is enormous in all the counties. We have no data at hand bui it is safe to say that the cost of prosecuting the petty criminals in ATi- zoDa will approximate that of prose- cutting those accused of felonies. It has been suggested that the only rem edy is @ law which would relieve the county from the payment of any costs in misdemeanor cases and leave the precinct officers to collect their fees from the defendants or those who swear out the complaint as prosecuting witness. Such a law would have to provide for paying for actual expense of boarding and transportation of criminals in case of conviction, but it would be a safeguard against precinct officers who work the endlefs chain in piIing up costs on the county. In the trial of petty offenses now the justices Of the peace are limited to maximum Of fees which can be elected. It might be that, some relief might be obtained by lowering this maximum.
 Another law which should be placed on the statute book in this connection Is one which would force city when it's population has reached five thou