Vermont farmer. [volume] (Newport, Orleans County, Vt.) 1870-1877, 1876-10-13

Tue payment Oh hthte eNpeuses IL lIOn u
common fund raised by general tax. The
danger lies in neglect to examine carefully
each item of expense, to determine whether
il falls within the letter and spirit of the con-
stitution. A cursory examination Of the ac-
counts allowed by the state auditor will |
suffice to show that prosecutions by the
grand jury and trials by the petit jury oc.
casion large items of expense. AT my re-
quest the auditor has examined bis books and
reports that there has been paid, including
the sums paid the jurors, during the last ifs.
cal year. for the former, S9,013.S1, and for
the latter, S2l, 443.72. The criminal pros
ecutious in each county are under the man
agement and control of its state attorney.
The incumbent is changed at nearly every
election. Ii is believed that considerable
sums in fines and forfeitures are for this rea-
son lost TO the state. The incoming states
attorney is unfamiliar with the business and
has no knowledge OF such as has been left
unfinished by his predecessor. Not unfre.
quently has it happened that the expense of
obtaining an indictment and sometimes Of
trial before the travers jury has been lost to
the state from the indictments being defec.
states attorney. Besides, there has been
paid to other attorneys for aiding the state
trials during the last fiscal year, according to
the estimate Of the state auditor, the sum Of
$4,000. 1t is my belief that considerable
part Of this class of expense might be saved
by the creation of the office of attorney-gen-
eraI to be filed by an experienced and able
attorney. 1t should be his duty to take
charge of aud systematic the criminal bust
ness Of the state, attend to the collection of
all 6ues and forfeitures, give instructions and
aid to the state attorneys in drafting mfor.
nations and indictments, and to be present
aud conduct the more important criminal
prosecutions. believe with the criminal
business in the care and charge of such an
officer, that the necessity for instituting such
prosecutions by grand jury would in
great measure cease to exhist, and might be
dispensed with except in cases
Of treason aud murder. For such cases the
grand jury might be called whenever occa.
sion should require, and not in each county
annually, as is now done. There is no clause
in the constitution which would be violated
by sucn change. Prosecutions by infor-
nation are fully recognized by the common
law. The chief value of the grand jury sys.
TEN, and the occasion which called it into ex-
istence in England, grew out of her arbitrary
form of government. 1t furnished security
against unfounded and unjust prosecutions
Of a subject who had fallen into disiavor
with the monarch. 1t insured merited pros
ecutions against royal aud titled families l
have been led to these suggestions from the
belief that some such change in the law as
has been indicated could be made, which
would not lessen the effectiveness of criminal
prosecutions, but would lessen materially
their expense. The right of trial by jury is
secured by the constitution "except where
parties otherwise agree" BY such agree.
ment such cases may be referred under q
rule of the court. am informed that the
cost to the state for such jury trials per day
is about 500. Under the existing law
cases involving the simple right to recover
for labor or property to an amount exceeding
$40 or $40, dependent upon the nature Of
the action, can be, and often are, carried to
the county court by appeal. The trial Of
such cases is rarely completed in less than a
day. Is it not plain pcrversion, not to
say violation, Of that clause in the constitu-
ton, heretofore cited, to impose tax of 800
upon the community to settle a matter in
which one Of the two parties may be entitled
to S25, or even $50, and should not the
right Of appeal in such cases be taken away
unless the amount involved is nearly equal
to the amount of taxes which the appeal will
probably impose upon the community p The
allowance Of the right of appeal in such
cases is Kindness even to the prevailing party.
Besides the i'll feelings likely to be eugen.
dered by such trials, the expense Of the trial
to him, is usually much more than the
amount Of the claim. The ordinary expenses
per day OF competent referee do not exceed
$40 or SIS. Hence, if all jury cases should
be referred, and the state should assume the
payment Of the referees fees, very great
saving Of expense would be secured to the
state, and no right of parties would be there.
by sacrificed. The main obstacle in the way
Of an agreement Of reference is that parties
know that they can try their case by jury on
the payment Of So to the state, and that a
trial by competent referee may cost them
many times that sum. think it would be
economy to provide for the payment by the
state Of a part or the whole OF the referee
fees, and that the expense Of u trial by jury
may be lesseued by proper legislation in the
two directions Indicated without any detri-
ment to public or private interests.
shall take no time to consider national
affairs. If each state will wisely and hon,
estly conduct its own affairs so as to insure
to itself and to the nation intelligent virtu-
Gus and outerprising citizens and public SER
wants, national affairs cannot well 60 amiss.
Allow me, in closing this already too lengthy
communication, to express the hope that our
mutual relations may be most friendly, frank
and cordial and our mutual work honestly
faithfully and speedily accomplished.
HORACE FAIRBANKs.