Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-01-08

aggregate costs, and the amount paid by the
State. In ten ,years it amounts to 81 ;S2l ,718.
In 1913, there vas paid S95037. In 1858,
there was paid S429, IL. When the State as
sumed t&6-thirds Of the criminal costs, the
districtattorneys were officers of the State,
and they were therefore appointed to examine
some portions of these costs. They are now
elected by the counties, and the State is with
out any supervision whatever.
There is very great abuse in regard to GRIM
inal costs, and sometimes, in the execution of
criminal law by justices. | give an illustra.
ton, furnished me by county officers. In
town in an adjoining county, the criminal ex-
penses for the October term, 1857, returned
by justices, was SAB. In the same town, for
the same term, 1853, the costs returned by the
trial justice, was $685.. In another town, in
the same county, the costs for the October
term, 1857, were SlS5,79, while those of the
trial justice, for the same term, 1858, We're
S6l562. Some of the cities require their 9TH
GERS to pay into the city treasury, all fees ~e-
ceived by them in criminal cases. The result
is, that the profit of the city increases the bur-
den of the counties and the State. Such facts
explain what appears a frightful increase in
the number of criminals. 1t has latterly been
discovered that a sufficient increase of arrests,
will pay to somebody, criminal costs in ten
years to the amount of nearly two million dol
lars. Thus the criminal costs paid by counties
and the State, to the sum of 600 in 1855,
and S224,000 in 1858, increasing in the last
five years. over the preceding five years, more
than seven hundred thousand dollars. From
these, and other cases, that l cannot enumer
ate you will not be surprised to learn that the
cost of supporting criminals, is greatly increas-
ed, and their numbers fearfully out of proper
ton with what we suppose to be the innocent
condition of our people. transmit state
ment of the facts for period of ten years,
which will speak for itself.
This gigantic and frightfully increasing evil
demands instant and adequate remedy. The
remedy is simple, and easily applied. 1t is to
remove the responsibility that now exists in
every department of county administration
financial and criminal-and establish a system
of minute, direct, and absolute responsibility
on the part of those who exercise power, to
those for whom it is exercised. Either concen-
trate the power in the State, or transfer it from
the State to the Counties.
1t is impossible that this divided function
one party expanding and the other paying
can ever be consistent with economy or wise
administration.
1t is not well to concentrate this power in
the State. therefore advise that 1t be trans
ferred to the Counties. Let the criminal costs,
for instance, be divided. Let the costs that
arise in towns and cities be charged to the
towns and cities, and the costs that grow out of
county tribunals be charged to counties. Then
if the criminal power be abused in any town or
city, the costs will be charged to the town or
city where the abuse exists, and the people will
look closely after those who administer crimi-
nal law, and hold them responsible for all I'M
necessary evils. 1t has SO resulted III other
States where it has been tried. To expend
from five to seven million dollars in ten years,
without responsibility for its disbursement or
care in providing it, is certainly an agreeable
duty, and it is possible that change may meet
with opposition. But entreat the Legislature
not to allow this important subject to pass upon
the ground that it is a mere transfer of taxes.
1t is no transfer. 1t is the humiliation of the
excess and extravaganza of county cXpendi-
lures, and if administered for three years
would not only remove the State tax, and
equalize expenditures and receipts, but would
create a surplus sufficient to pay the annual
expenditures of every New England State ex-
cept Massachusetts,.
Two remedies are suggested for these diff
culties one is, that to county officers as now
appointed should be added a county auditor for
the examination and approval OF all county
expenditures; the other to establish a board OF
supervisors, consisting of one member from
each town in a county, which, i'll addition to
the duty of auditing accounts, should have
limited discretionary power in directing county
affairs, such, for instance, as relate to the di-
luxurious uuCleS.
feel it to be my duty, in conflict with a
previously formed purpose, to call attention of
the Legislature to the subject Of the term fixed
by the Constitution as the official tenure of
justices of the peace, and | do this, disclaim-
ing any desire to restrict the present tenure Of
Judicial officers, with which, | cannot doubt,
tie Commonwealth is entirely satisfied. 1t is
impossible from established custom to restrict
appointments Of justices to any reasonable
number, on account of certain ministerial du-
ties connected Herewith, which make the of
flee necessary in ordinary business tran
sactions. A separation of ministerial and
criminal powers by legislative act must, in
the nature of things, be temporary, and
does not remedy the difficulty. 1t has
been held by successive Legislatures, and
properly, think, that a judicial officer
should not be removed for official misconduct,
except by impeachment; and it has also been
decided, and has come to be the rule, that the
cumbrous and expensive process of impeach-
ment shall not be applied to justices of the
peace: and thus single justice, out of thou
sand or more, that, by kind of necessity, are
annually ppointed-except in the brief inter-
walls when such laws as the present trial justice
act are in force-has greater power to disturb
the peace of communities, taking his preroga-
tive and opportunities together, than the SUI
preme Judicial court, and is, for the term of
seven years, absolutely irresponsible except to
public opinion. reluctantly advise upon this
subject, but reflection compeis me to suggest
that the ministerial and criminal powers be
separated, and that their tenures of office be
limited to two years.
There are other subjects, of more general
character, to which the principle Of retrench-
ment may be applied, not only with economy,
but for the advantage of the public service.
In ten years past more than 1900 commits
sions have been issued to justices of the peace
and other officers. The number increases from
year to year, and it is difficult to limit the ISSUE
recommend that tax of three or five dollars
be assessed upon the issue of every commits
sion from the Office of the Secretary of State
1t is believed that the use of parchment in en-
rolling bills, has been abandoned in England
and that it may be disused here without injury
We manufacture paper sufficiently enduring
for this purpose, and our printed laws furnish,
also, security against alteration not attainable
by the use of parchments.
Many thousand dollars are paid in salaries
to public officers for indexing deeds in the pub
lie registry. Indexing deeds is part of regis
traGion, f1I ciIo DvIienJ, exclusively, OF dealers
in real estate, ana should be charged to the
cost Of registration.
Enlarged power of Courts to admit amend
ments Of form, am informed, will secure i'm
portant reduction in criminal costs l have
official authority for suggesting that a change
as to time of payment Of costs in insolvency
Courts, would remove an existing difficulty in
the statute Of last year. The relation of the
city of Boston to the Commonwealth, in re-
gard to the costs and salaries of the Superior
Court may require consideration and it may
be expedient to inquire, also, whether the prin-