Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1908-03-08
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the taking OF fees by deputy prose
cutting attorneys in certain cases III
justice of the peace courts mas p"eh
variousk construed in the differen
sections of the state it is interesting
to note some points IN the case.
The opinion was the result OF a
case appealed from the Philips
county circuit, in which was inyolv-
cd the question Of the right Of the
deputy prosecuting attorney to COL
lect a fee for the filing OF an indict-
ment where a plea of guilty was en-
tered, the specific case being for
the violation of the liquor and gam
bling laws and OF the laws against
carrying concealed weapons. The
supreme court held that under the
constitution such fees could not be
collected and cited sections 63SS
and $3.50 to bear out this opinion
1t has since been argued In the
press in certain sections that the
opinion does ont effect large num-
Der of the counties, such as Pulaki,
Sebastian. Miller, Scott and others.
these counties being, it is claimed,
exempted under an amendment TO
the state laws made May l, 1900.
It is held that inasmuch as no refer
ence is made in the amended sec
ton to the matter of pleading either
"guilty'' or not guilty that the
attorney is allowed fee in all cases
where a conviction is secured, NO
matter if plea Of guilty is entered.
On the other hand, the opinion
states emphatically that in order 10
earn a fee thee must be something
more substantial in the work of the
attorney than in the filing OF al
information, which indicates that
the supreme court does not believe
a fee is collectible except where
pleas are not guilty are entered ana
prosecutions must follow for con
yiction. In other words. there is
very broad hint that the amend
ment" of May |, 1905, did not
amend" in so far as giving the
prosecuting attorney or his deputy
the right to collect a fee whore a
plea of guilty was entered.
The Law.
As a matter of interest the orig
inal sections of Kirby's Digest, to-
gether with the sections as amend
ed by the act of 1908, are attached
below: also list of the counties
alleged to be exempt from the force
of the recent supreme court decis-
ion:
Section 63SS. The deputy pros
ecuting attorney provided for in Sec
ton 6377 shall have authority 70
file with any justice OF the peace
in his county information charging
any person with carrying weapons
unlaw fully. unlawful sale or being IN
terested in the sale OF Intoxicating
liquors, violation OF blind tiger act
or gambling, whereupon it shall b.
the duty of the justice OF the peace
to issue a. warrant for the arrest or
the offender, and in such eases nc
bond shall be required for costs OF
prosecution.
Section $3.50. Whenever any per
son shall have been arrested under
a. warrant issued in accordance WITH
the preceding section and shall not
plead guilty and shall demand I
trial on the charge therein il Sht
be the duty of the deputy prose"ut-
ing attorney to attend and prose
cute such charge on behalf OF the
state, and in the event OF conVl1-
ton he shall be allowed the same
fees IS are now allowed in simiiar
eases n the circuit court.
The first section is amended 80 As
to allow for the filing OF infornia-
ton charging violation Of any state
laws.
The second, or section $3.50, was
amended so as to read as follows:
That when any person shall have
been arrested upon warrant issued
in accordance with the provisions OF
this act shall be the duty OF the dep
uty prosecuting attorney to attend
and prosecute such charges on be
half of the state, and he shall IN
like manner attend and prosecute
on behalf of the state in any erlm-
inal case pending before any JUS
tice of the peace, or in the circuit
court of his county, when so reques-
ted nv any such Justice of the peace