The Fee System as a Social Force. 
219 
different from the system now in force in California, 1 which 
pays the attorney $50 for every conviction he secures for a 
capital offence, $25 for each conviction of felony, and $15 for 
misdemeanor; and, with the object apparently of especially 
punishing gambling, the same premium is placed on conviction 
under the act prohibiting gaming as for a capital offence. 
In Arkansas 2 the prosecuting attorney receives $75 for a con¬ 
viction of a capital offence, $35 for securing conviction for 
homicide, $25 for felony, $25 for gambling, and $10 for each 
misdemeanor. In Tennessee 3 the district attorney receives $50 
for each conviction of violation of the anti-trust law; while 
for obtaining a conviction for murder or wearing “bowie-knife” 
or violating the law against conspiracies, the fee is $25; for a 
conviction of perjury $15; felony $10; and misdemeanor $5. 
In Nevada 4 the fees are relatively the same but five times as 
large. In Oregon 5 there is another departure. Here the attor¬ 
ney receives certain fixed fees for convictions, and in case the 
trial results in acquittal he receives only half the amount. 6 
There are therefore at least three distinct methods in force. 
First, the old system of granting the district attorney a fee 
varying in amount according to the nature of the offense for 
which prosecution is undertaken. Second, paying the attorney 
for his services by fees graded according to the enormity of the 
crime or the desirability of having the offense punished; paying 
however, not for prosecuting the case, but for securing the 
conviction. Third, rewarding the attorney with a much larger 
fee in case he secures conviction than when the trial results in 
acquittal. 7 
1 Deering’s Code , IV., Sec. 77, p. 540. 
2 Laws, 1894, par. 3304. 
3 Laws , 1895, Ch. 4, §5. 
4 Laws, 1861, 173. 
5 Laws, 1878, Art. 21, Sec. 2. 
6 Other examples are as follows: In Florida,— for conviction of murder 
in first degree $30, in second degree $10; any felony $5; carrying concealed 
weapons $10. Laws, 1885, Ch. 3620, par. 2; 1877, Ch. 3000, Sec. 1. In 
New Mex.,— for conviction of murder in first degree $20; second degree 
$15; any felony $5. 
7 For conviction $25; for acquittal $12.50.— Laws, Wyoming, 1862, p. 314. 
