Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-03-13
No Compensation no orih"i
Costs,

that the State is under no moral, legal
or constitutional obligation to compen-
safe one of her own citizens for services
rendered the government. Every citizen
is In duty bound to serve his town, coun-
~ and State in whatever capacity his
fellow citizens may call upon him. de
is not entitled to pay, of right. Herein
services to the community and to indl-
yiduals differ. In the former, the whole
payment of compensation is self-im-
posed duty, 50 to speak, deriving It's
whole force from special or general
laws. In the latter, the fact OF render
Ing services carries with it the right TO
compensation and the power to enforce
the collection and payment thereof.
Every citizen, whose life, person, pro-
perry and reputation are protected by
the government, owes an entire and I'M
disputed allegiance to that government,
and Is bound to discharge not only every
duty imposed thereby, but, as he is pro-
tected without any expense to himself
so Is he bound to do his part in protect
ing the life, property and persons OF
others, without expense to them. In
other words, he is bound to serve in
minor offices without compensation.
Ii would be absurd, Of course, to require
a man to give up his whole time to the
service Of the country without compen-
sation. This would be requiring man
to bear too large share of the public
burthens and to contribute too large a
proportion TO the public support. But
there Is no doubt of the right of the gov
eminent to require the services of any
citizen. in any capacity and for any
term without compensation. The mem
bers of the British Parliament serve en-
tirely without pay. This reqUision,
however, will probably never be made
upon our citizens. Services Of that ma
ture and duration will always command
ample remuneration. We are not sure,
however, that we should not be better
off, in every respect, by adopting the
principal, in toto, of no compensation IN
any case for any services rendered the
people. This is not now, and will not
he for some time, question of practical
,portance. The question of paying
town officers is one that will have to be
met and decided in the immediate future.
We think it will come to be the settled
policy of the people that these officers
shall not receive pay for their services.
There IL no reason why they should be
paid Our village trustees serve with
out compensation. No one questions
the right of the State to compel all citi-
zsns to pay taxes, to labor on the roads,
to perform military service, and to de-
fend, at the danger of life and limb, the
constitution and government of the
country, All citizens may be compelled
to serve on juries, and to attend court
and testify as witnesses. Whether for
performing these obligations to the
government, they shall be pecuniarily
rewarded Is a question of public
policy alone, and one which has
been decided differently in different
States. There is one class of cases that
are assuming dangerous proportions even
in this State 1t is the same abuse that
Governor Woodson calls to the attention
of the Legislature of Missouri. He says
that no greater abuse has found its way
into the administration of affairs in Mis-
souri,, than the one connected with costs
In criminal cases. Hundreds and thOus-
ands of dollars are stolen out of the pub
lie treasury annually under the claim Of
costs incurred in criminal prosecutions.
Have our readers any idea how much
money was taken out of the State treas
ury, for costs in criminal prosecution, in
Rutland county alone, during the two
past years They amount to the small
sum Of eighteen thousand seven hundred
sixty-six dollars and seventy-four cents.
(S1s, 766.74) This, of course, is in adj
dtion to the costs paid by the several
towns. While these costs are all legal,
in one sense of the word, does any one
believe that they are just and fair? How
many complaints that could have been
combined have been made separately, so
that warrants could be issued in each
case, and corresponding increase in
the number of subp9nas. Take the
case of six boys engaged in throwing
stones at a building, constituting, in
fact, one offense. What is the regular
usual course of businessf To issue one
warrant and one subpoena? Oh no. A
separate warrant is issued against each
of the six, a subpoena for each case, and
each and every witness summoned and
paid six times over. This is strictly
proper according to the letter of the
law 1t is and alu avs has been the prac-
tice. No one stops to think that he is
taking six-fold compensation from the
treasury for his services. All this has
been and is beng done by honest, up
right men. But there is another class
of men that, unfortunately, sometimes
get elected to Office Under the law.
practically, the clerks and sheriffs and
justices can make the bill of costs as
large as their cupidity and dishonesty
may demand. There is nothing to pre-
vent dishonest officials from issuing as
mary subFpnas and summoning as many
Witnesses as they please, for no other
reason than 10 enhance the costs. The
only remedy for this Is to abolish the
criminal fee bill. SO far, at least, as any
ultimate payment by the State is con-
cerned. The only possible argument
against the proposed course is its hard
ship TO the officer, but this is more than
met by the saving to the State. 1t is
not claimed, we believe, that the fees,
as now fixed, are ample compensation
for the time and services rendered. The
same right that requires man to serve
for less than full compensation, could
require his services without compensa-
ton. Let the prosecutor pay his own
costs as the respondent does. An inno-
cent man charged with crime is COM
PEELED TO pay tie costs of his defense,
Lot his v1rnsacpfnrc AZ The co,,,a