The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-05-03

JA4A A~~c ~A WA
the subject Of much thought by the
present commissioners, DuE as they had
no power to- change any item of E: z
pense, they were helplesS 80 far IS
reducing expenses Of same hence the Y
sought a court that could and wouI d
dispose of petty cases at much les s
expense: and had preparee1the BOAR q
of aldermen unanimously concurin g
the proposed recorders court bill, blu t
not until 1t d been tired IN AshevilI e
and been passed upon by the suprem 2
courts of the state, as valid, antl
though lawyers may 1ifer IN opinion /
as to the legality Of the act, still |
the decision of the supreme court is
usually accepted as final.
The proposed court has the larges
Jurisdiction Of any court i'll, the state.
subordinate to the superior cOur.
that has been passed pom ny the SUI
preme court and is the reason il.
was adopted for our county. Char.
lotte has a police court with limited.
powers, but it gives satisf action (see.
letter of Chairman Long below fol-
4O"luS Is Ill extract IiOLI q puDllSHSA
opinion Of Recorder Shanronhouse:
with the jurisdiction Your court
has, if the officer films the position of
recorder desires to, it certainly ought
to Curtail expenses of yOar superior
court n trying misGemeanOrs, save
all Jail fees and save great loss Of
time on the BART of parties INC wit
nesses attending superior court.
Il feel sure that sucn a court would
save this county at least $4,000 per
year"
Asheville has a court with equal
Jurisdiction and has proven a great
saving to the county tsee letter or
r. J. Stokcley, county auditory thus
confirming the opinion expressed by
Il grand juries, especially the grand
jury of which Mr.. l.. 8. Rogers was
foreman.
The objection that appeals would be
taken from the recorders court 10
the superior court is not borne out by
records. Any defendant can appeal
from a Magistrates court to the SUI
periOr court. but not one per cent.
Of the cases over which the magis-
trates have jurisdiction is carried to
the higher courts, so likewise, as the
defendant can appeal from the rec
orders court, also can appeal from the
superior court, but much less than one
per cent. of cases over which the
recorder would have jurisdiction is
ever appealed from the superior court.
SO upon what grounds are the ap-
peal objections based?
AS to the cost, the tax increasing
qualities of the proposed court are
not apparent, as the act provides for
the expenditure of 50, 700 and no more,
which would be reduced by the fees
Of the recorder and clerk collected for
cases tried. These cannot be estimat-
ed and the only information is from
Charlotte, where, it is stated, the re-
ceipts from fines and forfeitures are
six or seven times as much as for
merly, but the saving CT Jail fees and
superior court costs would more than
offset the entire cost Of the court and
is based upon the amounts actually
paul Jul W. 0upCllOI COuIG duu jail
fees since January 1, 1906, during
which time six terms Of criminal and
five terms Of civil court has been held.
In the criminal court 70S cases have
been tried, of which 451 could have
, been disposed of by 4 recorder, or g
:. little over IS per cent. During the
. same period there has been paid out
for superior court 7,892.57; Jail fees
, $2,955.30; total $10,S47.87; less civil
: court Jurors s1,667.20; cost of crimina
court and Jail fees $9,190.67.
63 per cent of $9180.67 is equal Il
E $57S3.S2, which is more than twice thu
total cost Of the Recorders Court
or to be more accurate a saving O
the difference between S57S3.82 ant
$1,000 (recOrders and clerks GALAXY
: which is $3083.82, if ali cases cost tn
same. but as cost of trial varies we be
> IeVe We are conservative in sayin:
= that fully SO per cent. of the presen.
court costs and Jail fees could be say
ed, which would show a saving O
Slo9O.33 over and above cost and main
T.. tenance Of Recorders Court.
In addition to the above saving b,
the establishment of this court we be
lleve that there would be paid in 70,
q Recorder and Clerks fees at least 81.
500 which would be paid equally to tn,
city and county.
Another benefit of the Recorder
Court would be the relief t the bust
I ness man, mechanic, ard 1abOring mas
of leaving his duties to attend court a,
Z witness or juror day after day, no
knowing when they may be callec
and thus often OBTAINING them all tn,
. week to enable them to serve fv,
minutes or more.
DUNCAN NcEACHERN