The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-08-30
County Solicitor Decides to
Make Thorough Test of
the Case.
SHOULD 1T BE DECIDED THAT
COUNTY SOLICITORS ARE TO
RECEIVE NO FEES FOR CON-
CEALED WEAPON CASES THE
LEGISLATURE CAN THEN
MAKE A CHANGE

test. County Solicitor LOttln, VINO
desires to have the case decided def
niteIy, mas decided to appeal the case
to the supreme court, with the idea
in view that if solicitors are not to
be paid for performing this duty the
legislature, at its next session, can
so amend the law as to give them
some compensation for their services
in such cases.
When seen by Journal represen-
tatiye yesterday afternoon, Solicitor
Lofrin, who recently brought friend
" suit against Clerk Mcmillan in or
der to get decision by Judge Wolfe,
stated that he had decided to appeal
the case. In speaking of the case,
he said:
Fee of SIS Provided.
The general provision for county
solicitors is that they shall receive
a fee of SIS for convictions where the
party is charged with a misdemeanor,
this to De paid by the county where
the defendant is insolvent. Carrying
weapon is a miSdemeanor.
In 1901, the Legislature passed an
act, the title of which was An act
to provide for the effectual and vigor-
Gus prosecution of the offense OF, car
rying arms secretly the last section
of which provided that persons con
victed should pay a conviction fee of
$40 in addition to the other costs and
fines imposed, provided, however, that
the county shall not be responsible
for the conviction fee if the defend
ant is inSolvent
When InsoIvent.
Thereafter it was the practice in
this county and others l have been
able to hear from to pay the solicit
tor So for each conviction where the
defendant was insolvent, and the de-
PENDANT himself paid the $40 where
he was solvent.
"On June 4, 1907, Henry Williams,
a negro, was convicted in the crimi-
nal court of Escambia county of car
rying concealed weapons, and SEN
fenced TO pay a fine of 500 and costs
Of court or be imprisoned three
and in addition thirty DAYS.
Being insClvent and unable to pay
the fine and costs, the defendant went
to serve out his time, and l presented
my fee for So. Judge Carter, who was
at that time advising the board, gave
an opinion that the county was not
liable for the fee under any circum-
and the board declined to pay
It.
Attorneys Opinion.
Shortly afterwards, l secured the
written opinions of Judge John c.
Avery, S. Pasco, Jr., C.. Moreno Jones,
J. Walter Kehoe, ]. P. Stokes and Geo. !
[. Morgan, which were all to the eff |
ect that L was entitled to fee OF |
IS where: the defendant; was insolvent. |
ihereupOn | went before the board |
md asked that the former action in |
he matter be recOnsidered
The question was referred by the |
commissioners to MIR. Reese who, IN |
he meantime, had been reelected |
county attorney land who gave a writ
en- opinion that l was entitled to the |
ee of SIS. The board then reconSid-
red its action and ordered the war.
ant drawn.
A Friendly Suit.
Mr. Mcmillan, the clerk of the
'oard, however, acting under Judge
;arter's opinion, declined to draw the
variant, and in order to have the mat t
er finally determined it was agreed
hat l Should bring a friendly suit
Sainst Mr.. Mcmillan, which 1 did.
Judge Wolfe held that while it ap
.eared to be a hardship, yet, under
he construction he felt compelled to
lace upon the act of 1901, the So
icitor is entitled to fee only when
he defendant is solvent and able to
ay it.
The persons who carry concealed
1eapons are, as a rule, worthless
Lass CT negroes and whites, and in 9
Ut on 10 cases a person convicted is
nable to pay a conviction fee and 4
RnnQ tho COLLATION. |
compensation for securing convictions
nlne-teDths of the concealed
TeaDOns cases.
Whlle, of course, / will continue to
rosecute persons for this offense as
lSOrously as heretofore, yet it would 1
2em that it was never the intention
[ the legislature that the solicl or
noFid be deprived Of his fees, but on I
lie contrary it appears to have been i
lie intention to increase his comue1. ]
tnon IN such cases as an additional {
lecntive, for the very title of the act
SELF was to provide for the effectuaI '
I'd vigorous prosecution Of said Of j
'nse. e
In view concluded Solicitor d
oIon, of the large number of opin- q
ms OF members of the bar to the eff }
ct That l am entitled to the fee, and L
order TO have the matter finally de.
rmlned, l will take the case to the
lpreme court, believing that if Judge
ones construction of the law is uD- .
I'D by the court, the next legislature 6
III change the law so as not to de- h
I've the solicitor of his conviction v
e IN this class of Offenses, and to con-
nm to the obvious purpose for which v
e law was enacted F