Primary in importance to the alderman is the problem of getting his costs. Not long ago a well-to-do man residing in the residential section bought some cider from a huckster and ordered some apples. The cider was left in the barrel and the apples were to be brought the following day. When they came they were refused because of their poor quality. The huckster in a rage demanded the barrel in which he had left the cider, although both the apples and the cider had been paid for. He was told he could have it in a day or two, as soon as it could be emptied. He left to seek the advice of a squire who advised him to make an information for larceny by bailee (the technical term meaning larceny of goods temporarily in one's possession). He did so and a warrant was issued for the defendant's arrest. He was arrested and appeared at the alderman's office with bondsmen. Bail was refused by the alderman on one pretext and another and the defendant was told that if he would pay the costs the alderman would see to it that the whole matter was dropped. Before the hearing the squire had gone to the defendant's business office and told him that if he would pay the costs the matter could be fixed. Needless to say, rather than spend a night in jail while new bail was being secured, the victim paid the costs, preferring to be mulcted a few dollars than to incur the notoriety and annoyance of carrying the matter to a higher court.

Under such manipulation it is not difficult to see how large a volume of litigation may be instituted in the aldermanic courts. Of course this case is exceptional and there are many aldermen who never seek business or advise frivolous litigation, but even without it the volume of business is incredibly large. Some of the downtown aldermen have had as many as 500 civil cases brought in their courts in a month. Of course if there is any real controversy involved the case is appealed, but in practically all the cases the costs are paid either on appeal or by execution, the law making costs a first lien on the fund realized. A compilation of the costs paid in three hundred cases shows the average costs in each case to be $3.74. Formerly these costs had to be paid before the appeal could be taken, but by a late act an appeal can be taken without payment of the costs, if satisfactory bail be given for debt, interest and costs. However, the act works little benefit, because the alderman is the judge of the sufficiency of the bail and has it in his power to reject bondsmen until it is quicker and easier to pay the costs than bother over the allowance of bail. So that, as a matter of fact, the costs are always paid on appeal. Taking the downtown aldermen's offices where the cases sometimes number 500 in a month, the income from fees would be about $1,800 a month, which after allowance for fixed charges would leave a monthly profit to these downtown aldermen of about $1,000 in civil suits alone.[5]

[5] The costs reckoned above are without execution, which when issued would swell the costs by a couple of dollars, making an average of probably six dollars.

To these fees, to form some estimate of the income derived from some alderman-ships, should be added the costs paid in criminal cases which an average of one hundred cases taken at random from the criminal docket of a prominent downtown alderman show to be $4.15 in each case. In criminal cases, if the defendant is discharged the alderman's costs are paid by the county. This procedure further adds to the revenue of the office. In 1907 the county paid to the various aldermen and justices of the peace the sum of $17,884.40 for costs in such discharged criminal cases, and to sundry officers in such cases $8,840.05, or a total of $26,724.45. To one alderman alone, having an office in a downtown section largely settled by Negroes and the poorer classes, $1,711.55 was paid in 1907 by the county as costs in such discharged criminal cases brought in his office. For miscellaneous work, criminal and otherwise, fees are paid in accordance with a schedule set by a recent act of assembly, that of 1893. Some of the main items are given below.

Aldermen's Fees.
For information or complaint on behalf of the commonwealth$.50
Docket entry on behalf of the commonwealth.25
Warrant.50
Hearing in criminal cases.50
Taking bail in criminal cases.50
Entering judgment.50
Discharge of jailer.35
Hearing parties.50
Holding inquisition under landlord and tenant act2.00
Entering action in civil case.25
Summons.25
Entering satisfaction.15
Written notice in any case.25
Execution.30
Transcript of judgment.05
Return of proceedings on certiorari1.00
Receiving the amount of judgment:
If not over $10.25
$10 to $40.50
$40 to $60.75
$60 to $1001.00
Assignment and making record indenture.50
Marrying each couple and certificates5.00
Constables Fees.
Executing warrant$1.00
Conveying defendants to jail1.00
For executing bail piece1.00
Executing search warrants1.00
For serving subpoena.50
For arresting on a capias1.00
For notifying plaintiff where defendant has been arrested.25
For advertising sale of goods1.00
For holding appraisement where exemption is claimed4.00
For attending election3.00
For travelling expenses in the performance of any duty required by law, for each mile travelled.06

It is evident that the office is lucrative, and lucrative just in proportion to the ability of the alderman to get customers. The anomaly extends to every branch of the office,—a state judicial officer with an income depending on the volume of the litigation instituted in his office.

It was a wise provision of the Legislature that permitted appeals by right, rather than by allowance, providing the amount involved is over $5.33. Practically all cases therefore involving any real controversy are appealed. A defendant is given twenty days in which to take his appeal. The procedure is simple, a transcript or copy of the alderman's record is obtained, the costs paid or bail given for debt, interest and costs, and the transcript then filed in the higher court where the case is begun over again just as if it had not been already tried. As the discretion of the alderman in allowance of bail is a factor, the costs are generally paid at the time the appeal is taken. In any case, they must be paid then or when the appeal is disposed of. If they are not paid at the time the appeal is taken, when the case is disposed of in the higher court, the alderman's costs are kept out of the amount realized and may be demanded by the alderman, his transcript being the evidence from which the higher court determines what disposition has been made of the costs. Cases have come to the writer's attention where although the costs were paid at the time of taking the appeal yet the alderman's transcript has been endorsed, "Costs not paid by defendant." If such a transcript were filed without the detection of the error, upon final disposition of the case the alderman would be in a position to demand his costs a second time from the prothonotary of the higher court and receive double pay.

Remembering that every case appealed from an alderman is retried, with costs to be paid over again, it is interesting to consider how much time is occupied by the Common Pleas Courts in such review work. In Allegheny there are four Common Pleas Courts. As the courts are separate and independent, litigation may be commenced in any one of them. So great has been the litigation in recent years that all these courts are far behind in their work, two being at least four years behind, the others at least two. Taking at random a term,—three months' business,—in one of the courts which is four years behind, we find 1,342 docket entries. It would be safe to say that about 1,000 entries would represent new suits, which should in due course result in jury trials. Of these 322 were cases appealed from aldermen, i. e. work already done and paid for, to be done over again. In these cases counting the costs actually paid we have a total of $1,322.08, and this in one term of one court. There are four terms to each court and four courts. The time occupied in retrying appeals from aldermen can be appreciated. In 1897 it was estimated that one-fourth of the work of the Common Pleas Courts consisted of the re-trial of such appeals with an aggregate of about $12,000 paid for costs in such cases prior to their determination in the Common Pleas Courts. From the figures previously given it appears that the proportion is about the same now although the increase in the volume of litigation has swelled the costs to about $15,000.

Taking four consecutive terms, one at each court, we find 667 alderman's appeals in the two courts which are four years behind, and 105 alderman's appeals in the two courts which are two years behind. By law an affidavit is required with each appeal that it is not taken for delay, but the above figures indicate that this oath is disregarded. So much for civil matters, where only money and time are involved. It is the criminal side of the alderman's court where liberty is involved, that arouses greatest sympathy. Summary convictions, or proceedings under special statutes where the aldermen can impose a fine and commit to jail on default, and proceedings for the determination of the existence of the essentials of a crime, comprise the criminal jurisdiction of an alderman just as it stood in the reign of Edward III in the fourteenth century.

Criminal proceedings generally are instituted by a warrant of arrest issuing upon a complaint under oath,—an information. From this information made before the alderman a warrant issues on which the accused is taken into custody. A hearing must then promptly be held; and the alderman decides whether there is sufficient evidence to hold the defendant for court; if so the prisoner is held for bail if the offense is bailable, or committed to jail in default. The alderman must then within five days return a transcript of this proceeding to a clerk of the Court of Quarter Sessions, this court being the criminal court of the county. Considerable hardship may be done by the failure of the alderman to return his record within the five days required by law; cases have been known where through neglect prisoners have been kept in jail a month before the matter has been brought to the attention of the district attorney's office and the alderman made to produce his papers. It will thus be seen that although the alderman acts in this respect only as a committing magistrate, yet on his decision rests whether the prisoner be committed to jail; for although the offense may be bailable the question of bail in the case of poor people is very material. The writer has known cases where bail has been set at $1,000 on an information for assault and battery.