Evening star., 1928-03-18
NEW VIRGINIA FEE
MEASURE LAUDED
Change in Justices Fines in
Auto Cases Held Aid
to Motorists.

Passage by the General Assembly oi
Virginia OF bill which n1odifes the
system OF fee splitting for justices Of
the peace and other law enforcement
officers was hailed by the District
division of the American Automobile
Association as distinct victory for
motorists Of Washington and the Dis
trict division Of the American Autorno-
bile Association.
Formerly Virginia statutes provided
that the Justice OF the peace received
his full fee in cases OF conviction but
received only half that amount II the
defendant was acquitted. Now the
Justice would receive an equal amount
regardless OF the outcome Of the case.
The District division Of the National
motoring body feels that this change
in the law removes the greatest objec-
ton 10 the fee system in that II does
not make 1t more profitable TO conTict
than to acquit.
State Pays Fee.
Under terms OF the bill, introduced
in the Assembly by Delegate Page of
Norfolk, the State pays the fee to
the justice and other officers entitled
to it In cases of acquittal or where the
defendant Is unable to pay the costs II
convicted. The bill goes TO Gov.
Harry F.. Byrd on Monday for his sig
nature, and as the governor Is known
to favor the change 1t is virtually
assured that it will become lsv.
I'VE feel that the change in the
Virginia law made by the Assembly Is
distinct step forward and a notable
victory for the District division Of
organized motordon." declared T. ?.
Behler. manager Of the District n
Columbia Division of the American
Automobile Association. commenting
on the Assembly's action. 1T has not
been our intention to level criticism at
the justices themselves, nor TO irnpute
to them Interior motives in convir ions
from which they benefited tvice as
much as from acquittals. but We do
believe that the distinction in pecuniary
advantage did place the trial justice in
the position where he might be ex-
pected TO have a tendency 10 be biased
1t is the old story OF the human ele-
ment entering into justice a great des
more than 1t should.
Long Fight Waged.
"The District division has been vay-
ing an unremitting fight against tn
system because OF its possible effecf
on the administration of justice and
through its attorney. c. G. Collins
fought test case through the Wiz
einia courts. The modification Of tf1f
system to the interest Of motorists wa
a direct result of the recommendation
of the Virginia Supreme Court thai
the Assembly change the statute"
Agitation OF the evils Of the fee sys
tenn as 1t has operated arose over tn
aIrestiand conviction a year ago In IN
town of Potomac. Va. Of Alonz'
Brooks. chauffeur for an American
Automobile Association member. Brook
vas charged with speeding. fined 81
and assessed $40 costs by Mayor Kley
s;euber of Potomac The mayor r.
ceived SO of the costs II the ehauf
feur had been acquitted the mayor
share would have been but $50. TIL
case was appealed by the American
Automobile Association. and. although
the Virginia Supreme Court of Ap.
peals upheld the justice OF the peace
IL made the recommendation 10 thr
Assembly that the statute should be 81
amended that the justices Of the peace
police justices and mayors Of town
will receive In all cases charging q vio
lation of town or city ordnance
State law the same fees where th
defendant is acquitted that they r
ceive II he Is convicted"
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