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


ment. The recorder acts ini trying
these as a Judge, and he might dis
hiss the cases for lack Of proper pre-
s~entation to him, whereas, as now,
the magistrate binds over such cases
to the superior court, il there lis prob
able cause, leaving the solicitor to
I further work up the case and present
it 10 the grand jury. The state would
then be at a disadvantage before the
recorder, unless you assume that the
recorder will act as a prosecuting at
torney;. but, on the other hand, where
the prisoner is found guilty before the
recorder, he has the right, under the
constitution Of the state and the pro-
visions of this act, TO appeal to the
superior court.
AS TO the submissions in this class
Of cases before the recorder, they will
be less frequent than in the superior
court, for the reason that it is the
presence of the superior court, the in
dictment of the grand jury after ex-
aiming witnesses, and the presence
Of the solicitor to prosecute, after
working up the evidence, that lead TO
submissions. 1t is not a gratuitOuS
dCoI4S Oh tIlC pal Vi LIC pI ISOACA . IL
is not likely that submissions will be
made before the recorder, when the
defendant is aware of his right to APP
peal from the recorders judgment.
We have, then, in this proposed
court nothing o than a magistrates
court, as to cases now triable by the
justices of the peace, and a court with
power to try cases below the grade
Of a felony, but with the right of ap-
peal to the superior court. If a party
is convicted, he may appeal and give
bond for his appearance, or, if unable
TO give bond, he may appeal and go
TO Jail to wait his trial in the superior
court. More of them will give bond
and appeal than not. In 81 cases re-
Gently bound owe by one Of u mag
strateS to the superior court, 25 CAV
bond and two are in Jail. Had they
been tried and convicted by the re-
cOrder, think you they would have
submitted to punishment, perhaps to
three, six, twelve months or more
on the county roads, merely to relieve
the county of the cost of their trial
de novo" in the superior court, or
would they have appealed, given Ond
IN "N ANA
chnceS in the superior cOurt?f Human
nature and experience Of
course, there may be some suDmis-
ions. Much will depend upon the
personality of the recorder. His grim
visaged austerity nay strike terror to
the weak minded criminal and frigh-
ten him into abject submission to the
august will of the court; OF the sweet,
sympathetic and ~refOrmatOry spirit Of
the recorder may lead him kindly on
for y months along the pathway of
the public roads; but the possibilities,
q to 2, hardly justify the expensive
experiment Of IN eighteen hundred
dollar per annum recorder.
Other objections might be stated to
the proposed bill, as for instance, let
ting a judicial office, or its clerk, be
in any n dependent for salary,
removal, Or the filling a vacancy by
and upon the action of the aldermen
or commissioners or, as proposed,
first letting a case be appealed from
a magistrate, but, if the recorder is
disqualified to act, having him to
send it to another magistrate; or, if
the recorder is absent, allowing the
aldermen to designate a lawyer at five
dollars a day to fill the offce-a pro-
vision Of doubtful constitutionality-
but all of which, instead Of tending to
elevate the Independent dignity Of this
judicial aftice inclines to minimize its
Importance and make it inferior in
public respect as a court
I repeat that the proposed court
will supply no public want. 1t will
prove expensive and abortive. 1t will
supply an additional office TO be
scrambled over at our next primary,
dealt with and traded about by num-
cipal politicians, but will supply no
want save the not unnatural and in
acknowledgements want for puDilc
office.
MORE COURTS NEEDED.
We are certainly in need in this
county Of a o efficient system Of
court trials, civil M criminal, at
least more frequent terms of court
and quicker DISPOSITION of cases. How
is this to be accomplished? Induce
the legislature to create an additional
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