Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1905-07-08
MAGISTRATES UP IN ARMS
They are Threatened With the Loss
of Considerable Revenue.
COURT WILL NOT PAY COSTS
Unique Situation Developed In This
County and Two Justices
May Resign Offices.

Jostices of the Peace Thompson aud
Felker. the two local magistrates, are
considerably exercised over situation
developed BY the Berkeley County
Court. which involves the refusal Of
the court to paw the state costs ia any
case before magistrate for an ofiense
of lesser degree than felony. aud the
magistrates are uu In arms against
what they term All arbitrary and uo-
just ruling of the court, which they
claim will result in state of lawless-
ness in the county, If the court de-
termines to adhere to the rule laid
down.
II has been the custom in every
county in the state. the magistrates
claim, for the County courts TO pay
all magistrates costs in cas- of mis-.
demeanors, where the costs are not
forthcoming from the petsons involved
in the trials, Under the new ruling
of the court the costs for such cases
will not be paid BIZ the state, and the
magistrates declare that they will Try
no more misdemeanor cases unless the
costs are pledgd in advance. as many
of the casss result in verdict against
those who are unable TO pay.
!, The section of the state law under
which the County courts heretofore
have worked, states tina. all costs foi
such cases shall be paid out or the
general school fund, il the latter il
sufficient The law has been inter
preted to man that if the general
school fund is insufficient. the costs
are then to be paid cut of the county
fund, aud this rule has obtained, il
is said. ever since Berkeley county
court interprets the law to mean thai
the costs are to be paid out of the gen
eral school fund alone, and inasmuel
as there is no general school funt
available, aud hasn't been fer many
years. the court has DO authority t
appropriate money from the county
fund for this purpose. The situation
is one that threatens serious pecunisr'
loss to the magistrates, who say tina
it means dropping off of abont g. ,00l
FROM the revenue of each of the Office
in the city, which would make tn
job very Improbable one, and prob
ably bring about the resignation O.
both Nr. Thompson and Mr.. Felker
They have retained the firm of Faux
ner. Walker 81 Woods. and it is ex
pected that the case will find its wa,
into court. unless compromise 0
some sort il effected within the mex
few days.
Already the ruling of the court Il
having its effect upon the business o
the magistrates courts, as one of then
last night declined to hear mis-.
demeanor cases on the ground thai
there was no compensation IN sigh
for his work.
The magistrates say that their bill
for several months past have beer
sheld up by the County court, ant
that only about Is percent of the righ
amount has been paid. Inasmrch al
the ruling affects every magistrate IL
the state. the outcome of the affai
will be watched with great deal o
interest. Both of the magistrates, il
speaking of the situation today, de
clared that disorder and violence
would be largely increased by ths
ruling of the court, as they would re.
fuse to issue warrants on charges Of
misdemeanor unless the cost of the
arrest and trial were first forthcom
ing.