The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1871-12-21

CONTINUED FROM FIRST PAGE.
ed return tito me. About sixty responses
Gave been received, aud 90 tlie 10 Che or
nee OF the Secretary Of the Commonwealth
Frem these statistics dcduce the conclu-
son7tha5 the county courts are doing two
thirds OF all Tho new legal business in the
State, aud that the litigation, except in OLD
cases, or growing out OF old cases, is very
light, aud what is more gratifying still, is
gradually decreasing. We shall hereafter,
and for the next decade. need but one court
Of original Jurisdiction. Corporation OF
hustlngs courts are distinctly provided for IN
the Constitution, aud must be maiptaned
but the circuit courts are subject to the will
OF the Legislature, either TO increase VI de-
crease their number, and the jurisdiction Oh
the county courts ,Gay be enlarged or d.
lninishcd at your discretion. Now, the Leg
islature may either enlarge the number OF
circuit courts sufficiently TO transact all the
eurreht legal business necessary to ho done
III a court Of record, except probate business,
and reduce The county courts to courts OF
probate only, with compensation derived from
fees alone; or. it may enlarge the Jurisdiction
Of county courts aud diminsli the number Of
circuits to one or MORE and limit their ju1ls
dictlon to chancery business only, although
the jurisdiction OF the circuit court CT the
city OF Richmond, as now provided BY law,
must, Of necessity, be retained II authoriz-
ed BY the Constitution I should prefer
the adjustment Of all circuit courts except
that of the city oe Richmond, and the consti
tuition OF our corporation and connty courts
as the only courts aboriginal jurisdiction, and
the diminishing Of the number Of county
judges. say onc to every twenty thousand in
habtants. OR as nearly SO as circumstances
would admit Of The number of county
judges might thus be reduced to sixty-one,
Guiding the circuit judge and the judge Of
the chaucery court Of the city of Richmond,
sixty judges in all. At the present time
the sa.aries Of the one hundred and five
county, corporation, and circuit judges
amount to sll9,975. With the number OF
these judges reduced to sixty-nne, aud with
the consequent abolition Of the salaries and
fees Of clerks and other officers. and the fees
of jurors aud other expenses, the amount
above named which might be annually saved
to the Commonwealth is not too large. Our
courts. too, should be made self supporting,
or nearly SO. A system of fees should be
adopted adequate to deiray all the expe ases
OF the courts in civil cases, except the Judges
salaries. and the larger portion Of these also.
"Whlle our courts should be freely open
to ALL and the costs incident to liligations
ought not 10 be SO high as to amount, in any
sense to denial Of justice. yet it is right
that suffers should bear. to some extent. the
Increased expenses they OCCASION This
system was recommended In my message OF
the Och of February 1870, and in the main
was adopted by the Legislature, except that
the fees prescribed were too low. The ex-
penses Incident to the administration of our
criminal jurisprudence ought not to be any
charge upon the State treasury whatever |
cordially approve the recommendation Of the
Auditor upon this subject
He says in his report at page IA, Il think
every county should pay the expenses Of the
administration Of criminal justice within Its
own limits Were the laws so framed as te
provide for this, feel satisfied that while
the skate would be entirely released from the
burden of this charge the counties could re.
ducc II probably cne-half." aud if he hac
added that if cur courts would in the pun.
ishment Of lesser offences more frequently
resort to fines, our criminal Jurisprudence
might be resa cred comp aratively lack pensivc
provided the fines we're collected and appliee
70 the ilquid~t!oa G! lhe=e charges. A re-
fern is also demapdcd IN our laws for tn,
trial and punishment of Il ese lesser offences
1t appears to me that all cases of petit lar
csDy, except fer second offence, and all cas-
AS oil assault and battery, except with dead
~ weapoE-in fact, all crimes Of LESSEE
grade then fclony-si ID be summary tr
cd by justice OF the peace, with or wltEou
ajury, at the option OF tho accused, reserying
,of course the right Of appeal TO the county
court upon questions of law; and in cases O.
conviction the punishment inflicted to be d
fine, or Imprisonment in the county Jail, o,
hard labor upon the public roads or elswhere
message of 9th February, 1900
Now if the suggestions herein made for
eac.llor:;z:ng and retreEching our expendi-
res are carried into practical operation, and
tLey are susceptible OF it, it wifi be found
That 5000 eco will be ample to meet the cur
tent expenses OF the State Government an
eln1ing legislative expenses. Add to this
sum the annual interest Of 81 62e 600, and
we have the sum Of So 220 600. which 1t will
be necessary to.rea.izc annually from taxation
aside from what may be appropriated for
school purposes. The Treasurer reports the
receipts from all sources the last fiscal year at
s2781. e5l ,94. and the expenses for all pur-
poses at 81 ,S53 l62,o8 showing q balance
efreceipts over expenses of 1928 699, Sc =
have shownthat the expenditures, aside from
the appropriation for school purposes, can be
reduced to 100000, and add to this the
amount expended for school-yiz., 1892 600
it would only make the sum Of 1892, 600
which would, GU the basis Of last years rev.
enue, leave balance of 81 i99 .S51 pa sum
amply sufficient to meet the interest upon the
public debt. But do not suppose that the
receipts OF the last fiscal year are correct
criterion by which to judge Of the present or
next year. The Auditor estimates the total
receipts from all sources the present fiscal
year at 50 213 322 27, and the total eSpcns-
es at So O2O 600; but in the latter estimate
he includes $500 600 Of interest upon the
public debt aud $500 600 of current expeps-
cs of Government. 1897 66t45 for school
purposes in all 81 1873 ,064,45 more than
d. and Of that sum S 1873 900 may be thown
out of our calculations provided the recom~