The Lafayette advertiser. [volume] (Vermilionville [i.e. Lafayette], La.) 1865-19??, 1905-12-20

:. .l,e.adLsbv5sRsG Ccsssitutt0d,
(s5fn ices for convictions in criminS
cases, grading the same from a mini
mum fee of IS for each conviction
! where an accused might be finals
sentenced only to pay a fine up to a
maximum fee of S25 for each convic-
tion where the accused lis finally
sentenced to DEATH
'The fees thus provided for are in
my opinion. such as a district attor-
ney is entitled to receive for securing
a conviction, SO that the question as
to whether he is entitled additionally
to further compensation. under the
terms of article l24 of the Cons titution
of 1879, and of Act 96 of 1886. as com
missions on forfeited bonds, recOg-
nizances and fines, which sections
1914 and 1859 of the Revised Statutes
had previously authorized them to
receive remains to be determined.
'As just stated, l understand the
fees to which district attorneys
throughout the State the Parish of
Orleans ~excepted) are entitled under
section ; of ACT 96 of 1880, Dec such as
they are to be Daid for securing con-
victions of accused persons: but there
is nothing in that act, O in the
article of the COrsstiiutiOn of 1879 just
referred to, which, would seem to in
dictate an intention Or purpose IN the
Legislative mind to entirely repeal sec
tiOn~ 1914 and 1862 of the Revised
Statste>, except to the extent that they
are laws or parts Of laws in conflict
with Net 96 of 1880.
This in m~yeOpinion- the Legisla--
ture did not do, for by section 5 of
Ac: 96 OF 1880. placing Us interpreta~-
ton upon articles 124 of she Constitu-
ton of 1880, allowing district attOr-
neys to reneive fees in Otssr instances
that those ~here conviction might be
secured in ssirninal cases sitter proper
conviction, the Legislatures provided
that they should receive th& commits
sions as now allowed by la* for col
SRetion on forfeited bonds, utaich, by
the sections OF the Reviseda Statutes
Jls5 referred to-, had been fixed at
oaa-6fth of the amount collected there
oa;. after 'dedtrating the proVer per-
csatAge allOwediby Law to the sheriff.
eta.
To my miraf there can be no
reasonable doubts that district attoF-
nems are entitled under the terms of
section ) of Act ~ Of 1880, to> one
fifth of al sums collected on forfeited
bonds in criminal cases, AFTER first
dedaetiDg the p~ercsntage to which the
sherifs of the State would have been
entislsa under the terms of sections
1O44. and 1l69, Re1ised Ststutes, that
being the commissipa o. now alloaed
by Law for c~ollecAiOns on forfeited
bonds given to distsict attorneys by
the sections Of the Revised Statues
just naferred to; but I do not UNDER |
stand that they are sntitled to receive |
. like-sommission ON fines which ray ;
be imposed after conviction, as was
authorized by the sections of the Rs-!
vised Statutes just nslerred to.
"AoA IS Of 1880 wss-svidently passed
for the purpose of carrying out tAes
will OF the trainers Of the Constits. !
ton Of the year previsas in fixing fees ;
to whish district attesneTs might H.
entitled under article 124 of that Coa-j
stitutioa in al cases. Having beea.
passed for that purpose, It should bsI
regardbd IS a n aca. having for is
object. Ahe treatment a the entire subj
iect Ot4the fees to be received by dfs-s
trict attorneys, and - having abse-t
lutely fxed the fees Nobe received by
them, whether in civil or criminel
matters.
Especially does this seem to be
the case when section S of Act So Of
1880 is considered, where, in treating
the subject of the commissions to be
received by district attorneys in
cases other than those where they
secure convictions, it selected md
enacted into law only those parts Of
sections 10A and 1859, Revised
Statutes, which had given to district
attorneys commissions ON forfeited
bonds, and RETAINED from giving to
them the commissions which hadpre-
viou6ly been allowed them on fines
imposed and cOllec1ed.
"Besides, when it is considered
thai district attorneys are allowed by
8estion 3 of Act IS of 1880, only one
lee in any case, where . convie1ion IL
sesured, their right TO collect . fee for