The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-08-21
INCIDENTS
AzaOBsERyATIONs.
BY R. l.. GRAY.

4
which will have 10 be dealt with pE
the Legislature. l refer TO the prac-
| tice of indiscriminate submissions
| followed By a fine of penny anu
costs" either without evidence pelhS
heard or on merely ex parte state
ments of fact: and to the power TO
sentence to the roads FOR mlsde-
meanors.
In the one case 1t is coming TO
happen with tiresome repetition or m
stances that worthless richly deserving
punishment are turned loose upon
their communities with clear RECORD
behind them and with no other pun
ishment for their misdeeds than the
payment of the magistrates COSTS
while in the other some harmless
| drunk or enthusiastic scrapper is sent
| for one reason or the other for thirty
DAYS TO the roads is. praeu-
| cally, the penitentiary-where ne
comes into daily contact Win rear
| felons or the worse sort and is given
| am opportunity of obtaining work
/ ing knowledge of crime without the
| least mental or moral effort
OF the two practices the latter Is
! of course the more serious IN us
/ effects. but both are dangerous ana
/ tend to create an unhealthy senu-
ment regarding the breach of the Law
and TO increase rather than diminish
the number of misdemeanors4 1t is
had for the community that scamp
should so unWhipped. but II Is an m
hnitelv more serious thing that ms
demeanor should be treated as
felony, In the one case. lawiesshess
is encouraged by breeding contempt
for the law: while in the other the
door of hope is shut i'm the face or
one who has erred rather than SIN
ned; and, starting with thougnueSS
nisdemeanor the offender is aimoSS
forced by protecting law 10 graduate
into a felon-a development that
strikes deeper to the heart of society
than even the contempt of restraint.
i'm that il breeds the more dangerous
quality of lack OF faith in the laws
intent towards justice.
Your beast who beats 4 woman and
Lies out" until his friends can make
an arrangement With a magistrate
through which he may submit and
pay paltry sum in costs. winks q
SPACIOUS eve and goes about his
business with the impression that the
Law is a good fellow whom ii is easy
TO work" not that the law is bad.
But the hlear-eyed unfortunate
with the shaking hand and the parch-
ed tongue and the empty pocket, who
wakes in the guard house and goes to
the roads because. his money having
gone for liquor, he has nothing With
which TO pay a fine. is apt to come
back from his degrading imprison-
ment with a vague bur none the less
DANGEROUS idea that the law is dis
honeSts
And those OF us who have seen and
watched the workings of the two
ends of the string from day to day
are sometimes hSlf-lnclined to agree
that he is right.
IT is an undoub.ed fact that the
.N-hn PNr jiXfrSG
have so little time or inclination for
thought about politics in the larger
sense of the term. that they permit
their prejudices and their ideas OK
liberty as well. 20 be manufactured
FOE them by the infinitely smaller
class who have 'cal'' to serve the
public II is hence. 1 believe. that
comes the popular idea that the mag
istracy is the peoples court" that
il is the ''bulwark Of liberty, the
means by which the poor and humble
man" may obtain his rights" quick
~ and 1T small expense. But IL the
demand" for justices OF the peace
could be resolved into Its component
parts. II would doubtless be found TO
consist OF nothing more nor less than
the individual and collective "rasolu-
tons OF the magistrates themselves.
As matter OF fact. there is more
netty outrage. graft and illegality In
courts of justices OF the peace every
day in the week than is practiced dur
ing the entire sessions OF either
branch Of the General Assembly. And
the seriousness of the scandal lies In
the fact that in the majority OF in
stances the magistrate trans ia nb-
erty of person instead ct action; It
is extortion ccntrasted with bribery.
Who living I'm a city or a large
town I'm which there are several jus
tees courts. viii DENY that there are
certain magistrates who are known TO
belong to certain lawyers who have
their runners in OF litigation and peo-
pie willing 70 swear out Warrants
Who have their reciprocal arguments
with other magistrates regarding the
trial OF cases which may be- Ere
moved" from the one. and are in
variably sent to the otherp
l remember one combination-hap-
PLY since fortuitouSly dissolved
which used TO run here and was al
most invincihle. 1t was composed OF
two magistrates, two lawyers and one
constable. and the way Ii worked was
this: First. the constable. learning
of some trouble among neighboCs.
would procure the swearing out of
warrant, make the arrest and haul
the troubling Offenders into cour:-
Whereupon the magistrate would
carefully adjust his SpectacleS. frown
graVeiy. read the warrant with a
cold and fishy eye and. then, turning
suddenly upon the culprit. demand
whether he had procured counsel. Re
ceiving an answer in the negative. the
magistrate would remark kindly and
impartiaily that the charge was a
serious one and that he would post
pone the case until the defendant
might have the opportunity OK con-
Sulting a lawyer.
Deep in the meShes of the law the
constable would come to his aid with
a suggestion that so-and-so and So
and-so were the two best lawyers in
town and he had better set one Of
them 10 represent him. which he gen.
orally did.
Then the constable would post off
to the prosecuting witness with the
Information that ''so-and-so was go
ing to fight this thing" and he had
better set a lawyer himself unless he
wanted TO get into trouble.
Result: That from a blow almost
forgotten, ripple of iiscord. care
less word, a thoughtless curse. a.
| whole community would come troop
ing into court" as witnesses. t~ere
would be a tremendous trial with
perfervid oratory from the two law
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