The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-03
A MAGISTERIAL REDUCTTO AID
ABSURDAM.

The, magistrate system as apple i
to cities is just now indulging itself
in an entertaining effort at reductio
Under the competitive system. the
people there are now being treated
to the spectacle of two justices hold
ing each the other in contempt of
court and mutually "warranting'
each other to appear and make an
swer to the charge at the same hour
of the same day.
The complications arising from this
State of agairs are admirably set
forth by the reporter of the Asheville
Citizen. who says in part:
THE proceedings in each case are
set for the same hour and at that hour
each justice is required to appear at
miles distant. Justice w. r. Gudger
having his office in the Legal Block,
in this city, and Justice Wash Haynes
at Beaverdam.
"Now, if each magistrate obeys the
other they will pass each other on
the road Saturday morning, each go
ing to the others court, and neces-
sarily neither will be on hand to
conduct the proceedings against the
other. Technically speaking, eacp,
will be obeying the orders of the
other. but not in reality.
,."Wise lawyers are much puzzled to
plan meeting between the two I'M
der these circumstances, since each is
required to be at the office of the
other. 1t is suggested that when they
meet in the road they should mutually
stop and proceed against each other,
legally speaking, of course. Of
course there is the objection that two
courts cannot be in session at one and
the same place and at the same time.
but as neither court recognizes the
legality of the proceedings by the
other they can actually proceed. JUS
tice Gudger can call on Justice
Haynes to stand up and show cause
why he should not be punished for
contempt. and Justice Haynes can do
the same thing at the same time. 1t
will, of course, make some little noise
and confusion. and each i. p. can
then fine the other for disturbing his
court. The upshot will, of course be
that each will sentence the other to
Jail, and one officer can execute both
processes.
The Acknowledgements of the farce
suggested in the last sentence is al
most Solomonic in its aptitude and
wisdom.
The trouble, it appears. grew from
the issuing of warrants by one JUS
tice for certain parties guilty of an
affray. While these warrants were
yet pending and before service. the
defendants hied them to the other
Justice, plead guilty, submitted to an
examination. and paid their fines.
Later they, were captured by the Off
Ger and brought before the first mag
istrate. The defendants. of course,
plead previous conviction and eX-
hibited "A certificate to that effect
from the magistrate before whom
they had first appeared. Whereupon,
in chagrin, the first Justice summons
the second to appear in his court and
naturally that the record was in the
Court House. and If the Justice want
ed to take a squint he could take a
walk--or words to that effect. At
this Magistrate No. l issues a rule for
contempt warrant and other high
sounding documents at the same time
publishing his action in the papers.
Again Justice No. 2, was equal to the
| emergency and got out his pen and
did some writing himself concerning
the bringing of the body" etc. To
quote again from the Citizen:
at is admitted that each court is
OF coordinate dignity with the other,
or, as Justice Haynes expressed it,
'one Justices court is as good as
anothers.' But there may be embar-
RAISING complications for the deputy
sheriff who NAV be on hand. While
one court is talking the, other court
may direct the deputy to suppress the
noise made by the other and the other
viii do the same, and then what
court shall the officer obey?"
We see no way out of it unless
each court has its own officer and
| jails the other. Then each jailed
Justice might put the officer arrest
| ing him in Jail for contempt of his
jurisdiction and the four might sit
down in a cell and play it out at
euchre as to which Court should have
| the rise.
Ridiculous as is the entire situation
| and prone as the public will be to
help each participant hold the ether
| In contempt, the incident is apt as
| showing the extent to which the null
| tiplicity of magistrates, especially in a
CITY where cOmDetition is keen NAV
tend to bring the lower courts into
disrepute with the people, and the
need whenever possible of one court
presided over by an able lawyer
which both possesses inherent dignity
and the power to enforce it.
Editors are a h,ISed if thew print tbe