the sanction of the law, is committed annually in some cases, and the unnecessary expense in other cases, in Hamilton County.

When some of her friends were one day swapping sorrows with a philosophical old lady, she calmly replied: "Well, I thank God my neighbors ain't no better off." Have we even this poor consolation.

Our enterprising and progressive neighbor, Georgia, has a most economical system, and yet crime is speedily and successfully prosecuted. No witness fees are paid by the State, and none by the county unless the witness is summoned from another county. Georgia presumes that every citizen will freely testify to protect her from crime. It is estimated that fifteen hundred to two thousand dollars per annum will cover the entire witness fee bill in the State of Georgia, while Hamilton County, Tenn., pays annually about $17,229.63. Solicitors General receive a salary of $250 per annum. Fees are taxed against the defendant, but not against the tax-payers. When fees of Clerks, Solicitors General and officers cannot be collected from the defendants they are paid out of the "fine and forfeiture fund" of each county. This fund arises from fines collected and forfeitures on bonds. You may imagine that straw bonds are not the fashion with Georgia officers. Justices of the Peace collect nothing from the State or county, and must look to the "fine and forfeiture fund," or look in vain. This seems indeed a perfect system; witnesses attend as well as in Tennessee, and no more criminals go upwhipped of justice.

In Alabama, as we learn from a most interesting letter from Mr. Hunt, of the Scottsboro District, Solicitors (Attorneys General) are paid $2,400 per annum, and also get a commission on all fees earned. No fees are paid by the State nor county out of the general fund raised by taxation, but there is a "convict fund," arising chiefly from the profits of convict labor, for the State at large, and a special "fine and forfeiture" fund in each county, as in Georgia, the policy of the law being to make crime pay for its own prosecution.

In Mississippi witnesses before the Grand Jury receive no fees. (Code, Sec. 20226.) Even this would be a great relief to

us, as the vicinity of our Grand Jury room looks like a negro camp-meeting, and many are the fortunate ones who receive a dollar for every admission to the august presence.

In Texas, as we are reliably advised, when the defendant is insolvent, and "lies it out in jail," then from 25 to 50 per cent. of the costs are paid by the county. If there is an acquittal in misdemeanor cases no costs whatever are paid. In felony cases all the costs are paid by the State. We are reliably informed that the good people of Texas are calling upon their Representatives to remedy this system at the next meeting of the Legislature. Had they a system like ours, their far-famed steers would never be known again as "kickers"-the committee men on Remedial Legislation would take their places.

In Virginia the Commonwealth's Attorneys are paid salaries and $10 in felony cases up to a fixed limit, hence there are fewer unnecessary prosecutions. The Clerk is also paid a small salary and has certain fees, but in misdemeanor cases he gets nothing unless made on an execution against the defendant. Still, loud complaints are made to every Legislature for relief from the expenses of criminal prosecution in Virginia.

One of your committee recently made an examination of the method of paying for the prosecution of crimes in Cumberland County, Maine, in which is situated Portland, the largest city of the State. The Clerks are all paid salaries, and get no fees in criminal cases. The Prosecuting Attorney is elected for two years and receives $1,200 per annum. This is a small salary, but the office is well filled by one of the young members of the bar, who there finds an opportunity to make a reputa tion, if not a fortune. The gross cost of criminal prosecutions in Cumberland County for 1895 was estimated by the Hon. Charles A. True, the present Prosecuting Attorney, at about $45,450. This gross sum is subject to a credit of about $16,000 collected in fines, mostly for infractions of the liquor law.

Even Neal Dow's honored gray hairs and prohibitory laws quench not the thirst of longshoremen and summer tourists. The population of Cumberland County is 90.949. The assessed valuation of real estate and personal property is $65,039,972. What a contrast to $78,000 costs in Hamilton County, with a population of a little more than half, and an assessment of less

than one-third. Surely if so large a sum were not realized from the liquor fines our New England friends would take steps to reduce even the present costs. The comparatively small cost of prosecuting crime there is largely due to the officials being on salaries and having no temptation to increase the number of prosecutions unnecessarily.

You are well aware that for many years the General Government has been mulcted in millions of dollars annually under the accursed fee system. This was most noticeably the case in the prosecutions under the revenue laws. Not only was the Government mulcted to pay hungry deputies and professional witnesses, but poor, helpless citizens were by the hundreds dragged from their mountain homes and induced to submit their cases or else be jailed, and then be tried for no greater crime than removing a few drops of mountain dew from a neighbor's hen nest, or from the hollow of some lonely stump, the places where the weight of testimony usually shows the "Oh, Be Joyful" is to be found. The present Congress passed an act putting both District Attorneys and, what is better, United States Marshals on salaries. Second, requiring the appointment of Deputy Marshals to be approved by the District Attorney. As a result, in East Tennessee about sixteen Deputies have been approved, and most satisfactorily perform the duties of about ninety who formerly scoured the country in search of fees. Third, no costs are allowed in revenue cases unless the warrant has been approved by the District Attorney. This last provision has been supplemented by a rule of Court in this district that costs shall not be allowed on any warrant unless approved by the District Attorney. This approval may be obtained either before or after the issuance of the warrant. If a real offense has been committed, the officer can make his arrest immediately and prevent the escape of the criminal. As a result, many United States Commissioners in East Tennessee have quit their jobs and gone to work, while the remainder have ample leisure for fishing and hunting, while the fee hunter dreams of better days. The Deputy Marshal is still paid his fees, but his principal has no interest in them, consequently the Deputy's title to office is conditioned on the propriety and not the number of arrests made by him.

The imposition' and collection of proper fines and the enforcement of forfeitures receives but little attention in our State. Why take the trouble to collect fines when the State and county pay the fees in any event?

We seem to have but one thing to be thankful for in the prosecution of crime in Tennessee, and that is that our Judges are, by the Constitution, forbidden to receive fees, and hence are free from the temptations incident to that unholy system. Now, as to the immense sum of money paid in Tennessee for the prosecution, or attempted prosecution, of petty misdemeanors: We see no reason why these miscreants should be continually hauled up before committing Magistrates and either dismissed or bound over at such enormous cost to the tax-payers. If it is necessary to so vigorously prosecute profanity, assault and battery, crap-shooting, lewdness and other almost inalienable rights of certain of the negro race, why is not an indictment by the Grand Jury sufficiently speedy? Why incur the cost of committal, turnkey's fees and board bill till the Grand Jury meets? The committing Magistrate was intended to try and commit such criminals as might escape; surely the safe and final escape of these petty criminals would be a great blessing to the country. A modification of our law in these respects would not be a hardship to any one of our cit izens, nor would it be asking of any one what the State has no right to ask. The Government protects the citizen in his person, property and pursuit of happiness, and it is no more than a duty which every citizen owes to his State to serve it in such cases freely and without compensation. Time does not admit of our making comparisons between the expense to the tax-payers for criminal prosecutions and for the educational and benevolent institutions of our State. Could we save onehalf and devote it to these noble purposes, coming generations would rise up and call us blessed.

RECOMMENDATIONS.

We would like to see the Georgia system adopted in Tennessee by the next Legislature. But if the Legislature should refuse to adopt it as a whole, then an act should be passed abolishing the payment of witness fees, and disallowing all

Justices' costs not collectible from defendants in misdemeanor cases and in felony cases when no indictment is found. This much would relieve our State of more than half the burden and be a long step in the right direction. If we, the lawyers of Tennessee, would, without fear or favor, insist that all the candidates for the Legislature this fall, irrespective of party, shall bind themselves to support such a measure, then it can be accomplished, and we will have done a noble service for our State and an honor to ourselves.

Respectfully submitted,

LEWIS M. COLEMAN, Chairman.
W. G, M. THOMAS,

JOHN E. WELLS,

W. A. PERCY.

Considerable discussion ensued upon the report. Upon motion, the report was adopted.

A motion was also made that a committee of five should be appointed by the incoming President to prepare a bill in accordance with the ideas suggested in the report, and present the same to the next Legislature and urge its passage, and that the committee co-operate with other organizations seeking similar reforms. This motion prevailed. The Association then adjourned until 3 P. M.

AFTERNOON SESSION.

July 30, 1896.

The Association met at 3 P. M., President Marks in the chair.

The first order of business on the programme was the reading of a paper entitled a "Biographical Sketch of Francis B. Fogg," prepared and read by Morton B. Howell, Esq., of Nashville. (See Appendix.)

Edward T. Sanford, Esq., of Knoxville, then read a paper on the "Constitutional Convention of 1796." (See Appendix.)

The Association then adjourned until Friday morning at 10 o'clock.