The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-05-07
Reasons Urged Why Its Estab-
Iishment Is Necessary
Tax Payer Says it Will Save $500 or
ca ooo POP Innum-Thc Act Estab-
fishing the Court EXplained-frhi-
cipal Ground of the Opposition Il
Made Public.
Editor Messenger:

In q ~ommunicatio from Tax Pay
err. published in yesterday issue ol
your paper the writer passes very
tightly over the imposing array of
figures which conclusively lemon
strates the Importance and necessity
of a recorders court. and then says
EWhat the people want to know IS
how are all the numerous cases tC get
into the recorders cOurt?" The
answer seems to me TO be very simple
Section 4 of the act establishing the
recorders court gives the court all
the jurisdiction and powers in all
criminal offences which are now. or
may be hereafter, given justices OF the
peace, and the jurisdiction also TO
hear and determine all offences and
misdemeanors consisting of a violation
Of the ordinances Of the city OF Vii
mingtOn. Section ; Of he act provlCeS
that said court shall in addition to The
jurisdiction conferred by section 4,
have EXCLUSIVE original jurisdiction
of all other criminal offences commit
ted within the county Of New Hanover
below the grade of felony as now de-
fined bv law. section 7 of the act plO-
vides that in all cases heard by JUS
tees Of the Deace and other commit
Ing magistrates against any person Tor
any offence committed in section ,
above referred to, in which probable
cause of guilt is found, such person or
persons shall be bound in a suitable
recOgnizance, with sufficient surety, to
appear at the next succeeding term OF
said recorders court for trial, and, Ill
default of such recOgnizance, such per
SON. shall be committed to the COM
mon Jail of New Hanover county
awaiting trial. The mayor of the city
of Wilmington, in cases over which he
does not have final jurisdiction is
SIMPLY A COMMITTING MAGlS-
TRATE, and in all such cases, und"%
the grade of felony, is COMPELLED
bv the act, whenever probable cause
of guilt is found, to bind the parties
to aDDear at the next term Of the re-
corder's court for trial, instead OF the
superior court as heretofore, and IN
this way TAX Payer will see how
"alI these numerous cases get into the
recorders court to be finally disposed
Of If the bill creating the recorders
court should be ratified by the people
on next Tuesday there will simply De
no necessity for the mayor of the city
to hold court. Under the act the said
recorders court shall hold daily SEES
sions at the city hall Of the city OF
wilmington, thereby enabling every
case over which that court has JurIS-
diotion to be finally disposed of on the
day succeeding the commission Of the
Afence. This enables criminals &c be
Sneedily punished and contributes, as
nothing e,se could, not only to the
seece, welfare, and good order Of the
'sonmunity but, in the opinion OF this
HEiter. will retrench the cost OF the
administration Of the criminal law OF
I'm county Of New Hanover to an
sua.uat mnt less, certainly, than S.
500 OF $4,000 per annum.
ftTa3 Payer" is mistaken when he
saws that every one convicted III either
the mayors court Or in a magistrates
court would have toe right to appeal
to Che superior court under the state
constitution. In petty cases, over
which the mayor or magistrate would
have final jurisdiction, the appeal
would necessarily be to the superior
Court, but In all other cases under the
grade of a felony which constitute al
kast three-ffths of all the offences
committed within the county, the
mayor or magistrate would be forced
to bind them Owe to trial TO
the recorders court So far as the
appeal from the mayor Or justice of
the peace is concerned that is a matter
Of little moment as only 10 appeals
have been taken in the last 10 months
in this county.
The recorders court would have e.
elusive original jurisdiction Of all that
large class of cases which for years
have numbered the docket Of the SUI
perior court, and which has eatailed
upon the county such a tremendous
cost annually. such as assault, and as
sault and battery with a deadly waap-
on. assault and battery where serious
injury IS done, selling liquor without
license, carrying concealed weapons,
all grades of ~trespass. all ~nuisances,
gambling, selling liquor on Sunday,
resisting officers, and many others
over which the magistrate has not final
jurisdiction under the grade Of felony.
Over 60 per cent. of all the cases tried
by the superior court which have con-
sumed so much time, given so much
annoyance =, and entailed so great eX-
pense, have consisted of the class of
cases just mentioned.
The principal ground of opposition
to the establishment of the recorders
court is, with many, as I have heard it,
that it will curtail the fees of several