The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-01-18
LBY IREDELL MEARES, ESQ

~ L|OS&EJ
In my former article | showed the
court would be an expense rather
than a saving to the county and city.
But there are more serious objections,
in my mind, to be stated.
: The bill for the recorders court,
which was considered and endorsed
by the aldermen and county commits
soners before publication, needs only
a casual reading to see that one OF It's
essential provisions is in direct coIl-
traventiOn to the constitution. The
constitution provides for the sUperlor
courts and the magistrate courts. 1t
defines their jurisdiction. The legls-
lature cannot interfere with the juris-
dictiOn. This innocent attempt to do
so by the aldermen and commission
ers will promptly fall in the waste
basket. either Of the legislative judi
Cial committee or the supreme court,
for unconstitutional %reliCtS.
The proposed bill cOntemplates that
appeals from the magistrates in mat
ters Of which they have trial Jur1s-
d~ictiOn, shall be taken TO the record
er's court. This simply cannot be
done undar the constitution of this
state. 1t viii be seen that this is at
tempted in section 8, of the bill, which
reads:
In all criminal actions tried before
a justice Of the peace in which he has
final jurisdiction and the defendant
be convicted, and an appeal shall be
taken by the defendant, the justice
choir hind tho defendant in q Cnjt9h1o
recogniZance with sufficient surety to
appear at the next succeeding term Of
said recorders court for trial and in
default thereof shall forthwith trans
NIT all papers in the case, together
with the judgment Of said Justices
court to said recorders court
for trial, who shall hear and
determine the same de novo."
This section is in direct violation
Of Article Fourth, Section q, Of the
state constitution, comforting juris-
diction upon the justice of the peace,
which reads:
In all cases of a criminal nature
the party against whom Judgment is
given may appeal to the superior
court, where the matter shan ne
heard anew. In all cases brought be-
Gore a Justice, be shall make a record
td the proceedings. and file the same
I with, the clerk of the superior court
for his county, g..
The legislature may create an IN
ferior court or give it a concurrent
jurisdiction with the magistrates
court but it cannot take away the
right Of appeal direct 20 the SUI
preme court. as provided by the
constitution which - para
mount law. The supreme court,
in the case of State VS.. Lyle. (13S n.
c., 1881, decided as late as 1905, that
such acts are unconstitutional, SO Iar
as they provide for appeals direct
from such courts to this court, and
taking away the appeal, given by the
constitution. direct from justices of
the peace, to the superior court"
This provision of the recorders
court will not relieve the docket of
the superior court of appeals from
the magistrates court and the bill
will fail in this particular in the ex-
pectatio1s of it's advocates.
The other class Of cases which the
recorder can try are those below the
) frade of a felony, which are alone
triHble in the superior court, and
above those which are permitted to be
tried by magistrates; that is, it Will
have jurisdiction of that class of cases
below the grade Of a felony, over
which magitrates have only the power
of committing the prisoner or require
him to give fail, while awaiting trial
in the superior court. 1t was shown in
nv previous article that of this class
of cases the Jail fees which would be
saved to the county, aggregated last
wear s625.00 {. 1t is is said that the ma
iority of these cases are submitted. if
this be true, the cost OF submission to
the superior court waul be very lit
tie more if anything, as far as the
county is concerned, than for Submls-
sion before the recorder; perhaps, II
submitted before the superior court,
the solicitors fee would be added,
but, here again the sole cost TO the
county last year in all kinds Of cases.
in fees paid to the solicitor, was only
1857 so. If cases which come before
the recorders court that are not now
tried by magistrates are contested, the
expenseA of witnesses and trial might
be something lessthan in the superior
court, but the state and the county
would be without the services o IA
solicitor before the recorders court.
in many cases of a serious character;
as, for instance, the c~arryingof con-
cealed weapons, assault witha defdly
weapoA. selling liquor without license,
and other cases for lack of proper pre-
ishment where the punishment e.