St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1876-10-13

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the Legislature to he of more service TO
the community than the money would
he if not collected"
The payment of state expenses is from
common fund, raised by general
tax. The danger lies in neglect to
examine carefully each item of expense
to determine whether it falls within the
letter and spirit of the constitution. A
curSory examination of the accounts al
lowed by the State Auditor will suffice
to show that prosecutions 10y the grand
jury. and trials by the petit jury, occa-
sion large items of expense. At my re-
quest the Auditor has examined his
books. and reports that there has been
paid, including the sums paid the jurors,
during the last fiscal year,-for the
former, nine thousand and thirteen dol
lars and eighty-one cents and for the
latter, twenty -One thousand four hun
dred and forty-three dollars and seven
ty-twO cents.
The criminal prosecutions in each
county are under the management and
control of its States Attorney. The
incumbent is changed at nearly every
election. 1t is believed that conSidera-
bic sums in fines and forfeitures are for
this reason lost to the state.
The incoming States Attorney is un-
familiar with the business, and has no
knowledge of such as has been left un-
finished by his predecessor. Not un-
frequently has it happened that the
expense of obtaining an indictment, and
sometimes of Il trial before the traverse
jury. has been lost to the state from the
indictments being effectively drawn
through the ineXpericnce of the States
Attorney. Besides, there has been paid
to other attorneys for aiding in state
trials during the last fiscal year, accord
ing to the estimate of the State Auditor,
the sum of three thousand five hundred
dollars. Ii is my belief that Il cOn>id-
cradle part of this class of expenses
might be saved by the creation of the
office of Attorney General, to be filled
hy an able and experienced attorney.
Ii should he his duty to take charge
and systematic the criminal business
of the state attend to the collection of
all fines and forf,iturts give inStruc-
tion and aid to the States Attorneys in
drafting iutoImatious and indictments :;
and to be present and conduct the more
important criminal prosecutions. | he
licvc. with the criminal business in the
caIe and charge of such an officer. that
the necessity for inStituting such prose-
cutions 10y grand jury would. in a
great measure, cease to exist, and might
he dispensed with. except III cases Of
treason and muIder. For such cases the
grand jury might he called whenever
occasion should require. and not IN each
county annually. a> Is now done. There
Is no clause in the Constitution which
would he violated 10y such change
Prosecutions by information are fully
recognized hy the common law.
The chief value of the grand jury
system. and the occasion which called
it int" existence in England. grew ont
of al hltraIN form of government. 1t
furnished security against untounded
and unjust prosecutions of Il subject
who had fallen into diStavor with the
monarch. 1t insured mcrited prosccu-
tions against royal and titled families.
| have been led To these Suggestions
from the belief that some such change
in the law ;s has been indicated. could
be made. which would not lessen the
effectiveness of criminal prosecutions
but would lessen materially their cN-
pcnsc. The right of trial 10y jury iS
secured 10y the constitution. except
where parties otherwise agree" BY
such agreements. such causes may hc
referred under Il rule of court. | am
informed that the cost To the state for
such jury trials per day is about one
hundred dollars. Under existing law
caSc> involving the simple right To- re
cover toI Labor or property To an amount
exceeding ten or twenty dollars. de
pendent upon the nature of the action.
can hc. and often are. carried Ia the
county court 10y appeal. The TRIAL of
such c;l>cS is rarely completed III less
than day. Is it not Il plain pcrvcr-
sion. not Ia say violation of that clause
i'll the constitution heretofore cited. to
impose Il tax of one hundred dollars
upon community. To settle Il matter in
which one of two parties may hc en-
titled To twenty five or even fifty dol
lars. and should not the right of appeal
III such c;ISc> hc taken away unless the
amount involved is nearly equal to the
amount of taxes which the appeal will
probably impose upon community
The allowance of the right of appeal
i'll such cases Is no kindness even to the
] y
| ingS likely to be rngcndrrcd hv such
trials. the expense of the trial to him i,
usually much more than the amount OF
! the claim.
The ordinary expenses per day of Il
competent referee do not exceed ten ol
fifteen dollars. Hence if all iurv cases
should he referred. and the state should
assume the payment of the referees
fees. very great saving of expense
would he secured to the state. and nc
right of parties would he thereby sacri-
feed.
The main obstacle in the way of ar
agreement of reference is that parties
knows that they can try their case by
jury on the payment of six dollars to
the state, and that Il trial by COM
| petcnt referee may cost them many
times that sum. think it would I've
economy to provide for the payment by
the state of part or the whole of the
referees fees. and that the expense OF
trial by jury may be lesSened by proper
legislation in the two directions indi
Gated. without any detriment to public
or private interests.
ASSESSMENT OF TAXES.
The framing of statutes so lis to com
pei an equitable and Just contribution
! from every interest and citizen. towards
| the expenses of administering the af-
fairs of the state, has ever been one of
the most difficult and perpleXing qucs-
tions with which Legislators have Ia
deal. The right of the state to compel
such just contribution is unquestionable
Without it every department of the
government becomes paralyzed.