The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1905-08-25
OUR JUSTICES COURT.

the magistrates in some sections OF
the state in regard to the M in
which they settled criminal cases Sc
cretly, and we made a few comments
on the subject, agreeing fully VITA
what the Raleigh paper had to say.
We are glad to see that Websters
Weewly, of Reidsville, has taken The
matter up and that it approves of the
position taken by The News and OBJ
server and The Messenger. We hops
other papers in the state will follow the
example of these three and speak out
in meeting" Phat there is much room
for reform in our system OF courts CT
justices of the peace no n acqua,nt-
ed with how they are conducted in
many parts of the state can deny. The
undeniable truth is that in some towns
and cities they are a farce-more than
that, they are a travesty on justice and
proper enforcement of the law, and the
position is made the means by certain
men to make a living out OF the peo-
pie. They have runners who bring all
kinds of cases before their partners,
the magistrates, in order that the de-
fedants may be taxed with the costs.
In some places this practice of justices
of the peace has become a crying evil
and a disgrace to the state.
But to get back to the article in
Webter's Weekly. That paper after re-
producing the editorials on this sub
ject from The News and Observer and
The Messenger goes on to say:
1t is wonderful what a conception
some of the magistrates have Of the
bowers of the office. We recall q case
where a squire in IN adjoining state
a few years e ned a man $4,000
for assault with a deadly weaDon. the
victim of the assault dying before
the hearing. And hat vas the end of
the matter. A jury could hardly have
found the defendant guilty Of a less
Cffense than m~anslaughter and would
probably have returned q verdict for
murder in the second degree.
We have heard Of MAGISTRATES who
though they had authority to unite
as well IS to tic the nuptial knot. Be
that as it may. there are criminal
cases settled in magistrates courts
that they have nc jurisdiction over
ard ought to be sent On to the grand
jury. A notable case along this line
| recently occurred in this city.
n then there are MAGISTRATES who
are in collusion with c~onstables to
| Gr,,m up petty cases for fees. The
law ought to be executed. 81 there
are frivolous comrlaints which a mag
istrate of discretion and principle
| would make an effort to settle in q
n%e.ghborIy spirit without issuing a
| warrant.
Another type of magistrate is the
| enc who writes deeds and other legal
| instruments and evades the payment
| of the license tax by tho hinnest sort
Of suhterfuge. We know of n who
heats the devil around the stump,
by selling the blank form for from
$500 to $500 and filing it out for
nothing. The blanks cost only five
or ten cents. This would Seem to be
a case for the grand jury.
We throw out the suggestion that
magistrates be instructed in their du-
tics as the grand jury. are by the pre-
siding Judge. We have a county instl-
tutc for eachers i'll the public schools
WIN not have the magistrates attend
the superior court at certain times
] III Y l1tSti ~ VII
Homer?
Isn't it a disgrace to the state tha
men so ignorant and sc corrupt shouit
be given the power that our laws con
fer on justices of the peace? We mus
not look always to the high places :"
corruption and incompetency in omce
1t is not there alone, nor is it as much
there as it is in the more lOwly ant
insignificant Offices. The grand jurie'
in every county of the state shoult
take up and thoroughly investigate tn
conduct of the magistrates of thei
county. The superior court judge
should see to it that these inquisitolia
[ bodies search thoroughly into the con
: duct of these Justices courts; for man
! of them are guilty of illegal practice
and of oppression of the people, esp3
5 cially of the i~lliterate, ignorant an
poorer classes or our people.
1t is an open secret in Wilmingto
that a year Or so ago the grand jur
of this county took up the matter {
the conduct Of one or more of our jus
tees of the peace in this respect an
that their escape from prosecution fC
| m~alfeasance in Office was by a might
!, narrow margin.
) While discussing this matter we wi
1 call attention to the fact that only
. few days ago in Jul city in thet trial
a criminal action before a magistra'
to whom the cause had been remove
' from another justice a motion Wi
{ made by an attorney in the case
have a certain magistrate marked c
: the warrant as prosecutor in the cas-
because of the manner in which he he
acted in working up the prosecution.
Raron m is a graduate of Ha'