Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1876-10-14
EXPENSES.

tAGENSES.
The expense of administering the affairs
of the State must in the future, as in the
past, be paid almost entirely from the di-
rect taxes, and for that reason should be
cautiously and prudently incurred. Tax
alton should ever be kept at the lowest
limit consistent with the permanent pro-
lection, growth and development Of the
interests of the entire people.
The constitutional as happily prescribed
this limit. Its language is, "Previous to
any law being made to raise a tax, the
purpose for which it is to be raised ought
to appear evident to the Legislature to be
of more service to the community than
the money would be if not collected"
The payment of State expenses is from
common fund, raised by general tax.
The danger lies in a neglect to examine
carefully each item of expense
to determine whether it falls within
the letter and spirit of the consti-
tuition. A curSory examination of the &C.
counts allowed by the State Auditor will
suffice to show that prosecutions by the
grand jury, aud trials by the petit jury,
occasion large items of expense. At my
revuest the Auditor has examined his
bsoks, and reports that there has been
paid, including the sums paid the jurors,
during the last fiscal year,-for the former
S., 0l3.8l; and for the latter $2l ,443.72.
| The criminal pros ecutions in each county
are under the management and control of
its States's Attorney. The incumbent is
changed at nearly every election. 1t is
believed that considerable sums in fines
and forfeitures are for this reason lost to
the State.
The incoming States Attorney is unfa-
miliar with the business, and has nc
knowledge of such as has been left unfln-
ished by his predecessor. Not unfrcquent-
ly has it happened that the expense of OBJ
tanning an Indictment, and sometimes OF
trial before the traverse jury, has beer
lost to the State from the indictments be.
| ing effectively drawn, through the mex.
perience of the States Attorney. Besides
there has been paid to other attorneys foi
aiding in State trials during the last fsca
year, according to the estimate of the
State Auditor, the sum of $4,000. 1t il
my belief that considerable part of this
class of expenses might be saved by the
creation of the Office of Attorney General
to be filled by an able and experienced at
torney. 1t should be his duty to take
charge and systematic the criminal bust
ness of the State; attend to the collection
of all fines and forfeitures give instruc
tion and aid to the States Attorneys il
drafting infOrmations and indictments
and to be present and conduct the morS
important criminal prosecutions. / be
lieye, with the criminal business in the
care and charge of such an officer, that
the necessity for instituting such prosecu
tions by grand jury would, in great
measure, cease to exist, and might be dis
pensed with, except is cases Of treason
and murder. For sGch the grand jury
might be called whenever occasion should
require, and not III each county annually
as is now DONE There is no clause in the
Constitution which would be violated by
such change. Prosecutions by informa
ton are fully recognized by the common
law.
The chief value of the grand jury sys
TEN, and the occasion which called it into
existence in England, grew out of her ar
bitary form of government. 1t furnished
security against unfounded and unjust
prosecutions of a subject who had fallen
into disfavor with the monarch. 1t insur
ed merited prosecutions against royal anC
titled families.
d 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 effect.
ivenoss 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 agreements,
such causes may be referred under rule
of court. | am informed that the cost to
the State for such jury trials per day is
about one hundred dollars. Under exist.
ing law, cases involving the simple right
to recover ten or twenty dollars, depend