Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1876-10-11

7
there has been paid, including the sums l,au ,','
jurors during the last fiscal year, ,-ior the ioI'e
nine thousand and thirteen dollars ana elgn ~,
cents and for the latter, twenty-one .', u,us,','
four hundred and forty-thrce dollars an" seventy
two cents
The criminal prosecutions In each county w, w
under tho MANAGEMENT and control ol it- Hp''i
Attorney The incumbent is chnnged ny , he'f :,
every election. u is believed that ennsluei..u''
sums in fines and iorfciturcs are for TINS reason
lost to the state ,..
The incoming States Attorney is unfamiliar wiln
the business and has no knowledge Of suce q.
has been left unfinished by his predecessor ~"
unirequently has IL happened that the expense y,
obtaining an Indictment, and sometimes ol W. wv
before the traverse iur has been lost 20 thc stA''
from the indictments being deiecuNeN uI.aN1
through The inevperience Of the state Attorn'l
Resides, there has baen paid tp other attorney
for aiding in state trials during the last fiscal year
according 60 the estimate of the state Aunl'ph
the sum Of three thousand five hundred dollars.
u is my belief that considerable part OF thl'
class Of expenses might be saved by the creation
of the office OF Attorney General, TO be filled Us
anable and experienced attorney II shonid ht
his duty 20 take charge and systomatize the c.ih'
inal business Of the state attend TO the colleclor
Of all fines and forfoitufcs give instruction ana
aid TO the States Attorneys in drafting iniorma
tiOns and indictments and 10 be present and coii'
duct the more important criminal prosecutions.
] believe, with the criminal business in the care
and charge Of such an officer. that the necessity
for nsiituting such prosecutions by a grand jury
would In great measure. cease TO exist, and
might be dispensed with except in cases Of trea-
son aud munler For such cases the grand jury
might be called whenever occasion should require,
and not In each county annually, as il now done
There II no clause In the Constitution which would
be violated by such change Prosecutions by in
formation are fully recognized by the common
The chief value Of he grand jury system. ana
the occasion which cnlled II into esistenre IN Eng
land, grew ont Of her arbitrary form Of govein-
ment II furnished security against nnfounied
and unjust prosecutions Of . subject who had
fallen into disfavor with the monarch Il insured
families
have been led to these suggestions fiom the
belief that some such change in the law rs has
been indicated, could be made which would not
lessen the effectiveness Of criminal prosecutions,
but would lessen materially their expense The
night ot trial by Jury is secured hy the consttu-
ton, except where parties otherwise agree
Hy sncl agreements. suCh causes may he referred
undera rule Of court am informed that tho
cost 10 the state for such jury trials per day Is
about one hundred dollars. Under existing law,
cases involving the simple right 10 recover for la
Dor or property to an amount exceeding ten or
twenty dollars, 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 q dav. l. IL not n plaif
pervefson, not to say violation OF that clause In
the constitution heretofore cited, 10 impose a tax
Of one hundred dollars npon community 10 settle
a matter in which one Of two parties may be en-
titled TO twenty-five or even fftv dollars 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 viii
probably impose upon community?
The allowance Of the right of appeal in such
cases is no kindness even to the prevailing party
Besides. the III feelings likely 10 be engendered
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 a competent
FaI fN mff Ia.i l.HI
Hence IL 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 10 the state. and no right Of
parties would be thereby sacrificed
The main obstacle Ia the way 0f an agreement
Of reference is that parties know that they can try
their case by jury on the payment Of six dollars 10
the state, and that 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 referees
fees and that tie expense Of trial by Jury may be
ossened 10y proper legislation in the two directions
Indicated without any detrmcnt 10 public or pri-
yate interests
ASSESSMENT or TAXES
Tie framing Of statutes so as to compel an
equitable and just contribution from every interest
and citizen, towards the expenses Of administering
the affairs Of the state, has ever been one Of the
most difficult and perplexinC questions with which
legislators have 10 deal Tie right Of the state 10
without it every department Of the government
becomes paEilyzcd.
The duty Of every citizen and Of every species
Of property 10 contribute towards the expense Of
his or its protection, is equally clear The pro-
tection furnished by the state TO its citizens and
TO the property within its limits gives the right 10
exact, in war, the personal services, and n peace
a poll tax from the former and contributions from
the latter, wherever the owner thereof may reside
This V substantially the doctrine announced in
the ninth article uf tiI- Dfi Vr risffu-.
Within the past few years there have been fre-
quent complaints that the spirit Of this article in
the Bill Of Rights is violated in the apportionment
OF the public burdens. Not unfrequently has il
been claimed that property Of the same kind and
value was placed in the grand list at different
valuations in different sections of the state At
other times it is claimed that q large amount of
property invested in railroads telegraph comma
MES Insurance companies, and other companies
TO protect which, and determine the rights thereto
costs the state large SUN, almost
wholly escapes taxation; and again, that owners
Of real estate are unjustly Disseminated against
in that they are taxed on its appraised value not
wlthstanding they may he largely indebted iorit
while the owners OF personal estate allowed to
deduct from appraised value the amount Of debts
which they may owe 1t j. claimed by some thar
there should be no deductions made from the as
sessed value Of personal property, for the debts Of
the owners. that such allowance induces fraud
and the creation Of fictitious debts for the purpose
Of obtaining deductions and that the expense 70
the state, TO protect and determine tine rights to
personal property for which the owner is in debt
is greater than when the same + fully paid for
and hence il il unjust that the owner OF property,
because he is a debtor, should be relieved from
therelrom To the expenses Of the state
without doubt there is too much foundation for
these complaints, though the class first mentioned
could have no existence in fact If listers would
observe the law and apprase all prop
erty at its Just value in money It is notorious
that they do not regard the law In this respect
but appTaise property at from ouo-third TO two
~ II in an ,ia vii
each other TO place and keep the property in their
locality in the list far below It's value as pos
sbe. ! am informed that conscientious listers
often refuse to sign and make oath TO the list
from knowledge of their failure to comply with
the law
The prevalent feeling that the practical opera
ton of the law for the assessment Of taxes is I'M
equal and unjust has been. aud is, working a sad
decentralization of public sentiment. by a numer-
ous class OF citizens II is no longer considered a
public duty to assume and pay their full share OF
the public expenses, but rather that they have
right to avoid as much of it as they can, even by
resorting 10 questionable devices II is feared
that the legislature may have snadveTtently aided
in the work of decentralization, By too readily
passing acts to legaze the grand lists with and
without specifying the defects % be egaliaed, aud
even TO egalze the omission Of the listers to Sign
and mako oath To the list. Would not a more
healthy sentiment be inculcated by refusing the
passage of all acts which do not specify the defect
to be cured, and all acts TO legalize defects oc-
sign and make oath to the list accordin. 10 law,
and, also, by enacting law rendering the listers
personally liable TO their towns and To the state
for all losses occasioned by their negects or oms-
sions in this respect2
am convinced that the law In regard to the as
sessmen. Of taxes needs careful and consider
ate revision-such revision as will apportion and
distribute the public expenses as equally and
Justly as possible among an the citizens and upon
all the pecuniary interests OF the state Whether
such revision can be effected nt single session
OF the legislature may be douhtiu
EDUCATION
The Importance Of this interest cannot be over
estimated More than ninety thousand children
arc in process OF training in the schools of the
state Their veal or woe is largely determined
by the character Of the schools which they attend
These children are soon to give character to the
state and other states, The state can better af-
ford 10 neglect any other interest than this which
is 80 closely allied TO her welfare and destiny
Free institutions cannot long exist among o pe,-
pie characterized by Ignorance and vice. In
telligenee aud virtue are the bulwarks Of all
Tree government The pecnniafy interests con-
nected with education are Very large The
direct taxes raised annually for this purpose
amount to nearly six hundred thousand dollars
But this sum represents hardly 1.-THE Of what
the people OF the state annually eNpend 20 odn- !
cate their children There must be added q large |
sum paid for text books, and a many times larger
sum for the board clothing and time Of the
children.
But the pecuniary interests connected with the |
public schools dwindle in importance into insig-
when compared with the habits and |
characters which are there being acquired A
thoroughly intelligent and yirtuous people Injured |
TO habits Of selfcontrul and perseverance, are in |
Nincible everywhere, whether In the world of /