Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1876-10-13

carefully each item Of expense to deIerem-
inc whether il falls within the letter and
spirit of the constitution. a cursory ex-
animation of the accounts allowed by the
State auditor will suffice TO show that pros
ecutions by the grand jury, aud trials by
the petit jury, occasion large items Of OK
pense. At my request the auditor has ex-
amned his books, and reports that there
has been paid, including the sums paid the
jurors, during the last fiscal year-for the
former, so ,O13 81 and for the latter, S2l,-
443.72.
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 be-
leved that considerable sums in fines and
forleilures are for this reason lost TO the
State.
The incoming States attorney is unfa-
miliar with the business, aud has no knowl-
edge of such as has been left unfinished by
his predecessor. Not unfrequently has 1t
happened that the expense of obtaining an
indictment, and sometimes Of a trial before
the traverse jury, has been lost to the State,
from the indictments being defectively
drawn through the inexperience of the
States attorney. Besides, there has been
paid to other attorneys for aiding in State
trials during the last fiscal year, according
to the estimate of the State auditor, the
sum of $500. II is my belief that con-
siderable part of this class of expenses
might be saved by the creation of the Office
of attorney-general,t TO be filled by an ex-
perienced and able attorney. 1t should be
his duty to take charge of and systematize
the criminal business of the State attend
to the collection OF all fines and fOrieltures |;
give instructions and aid to the States at
torneys in drafting informations and indict-
ments /; aud to be present and conduct the
more important criminal prosecu tions. I
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 exist, and might be dispensed with
except in cases of treason aud murder. For
such cases the grand jury might be called
whenever occasion should require, and not
in each county annually, as is now done.
There is no clause in the constitution which
would be violated by such change, Pros
ecutions by information are fully recog-
nized by the common law.
The chief value OF the grand jury sys-
tenn, and the occasion which called it into
existence in England, grew out OF her arb
itrary form OF government. 1t furnished
security against unfounded and unjust
prosecutions of subject who had fallen
into disfavor with the monarch. 1t tinsured
merited prosecutions against royal and tit
led families.
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 eifectivness of
criminal prosecutions, but would lessen
materially their expense. The right OF tri-
al by jury is secured ty the constitution,
"except where parties otherwise agree"
BY such agreements, such causes may be
| referred under a rule of Court. / am in
| formed that the cost TO the State for such
| jury trials per day is about one hundred
| dollars. Under existing law, eases involv-
| ing the simple right TO recover for labor or
| property TO au 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
a day. Is it not plain perversion, not to
say violation of that clause in the constitu-
ton heretofore cited, to impose tax OF one
hundred dollars upon a community, to set
tie matter in which one or two parties
may be entitled TO twenty-five or even fifty
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 will
| probably impose upon the community?
The allowance of the right OF appeal in
such cases is no kindness even 10 the pre-
vailing party. Besides, the i'll 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 COM
| petent referee do not exceed $40 or SIS.
Hence il all jury cases should be referred,
and the State should assume tho payment
OF the referees fees, very great saving OF
expense would be secured to the State, and
no right of parties would be thereby sacri-
feed.
The main obstacle to the way of an agree
ment Of reference is that parties know that
they can try the case by jury on the pay
ment of six dollars TO the State, and that
a trial by competent referee may cost
them many times that sum.
think it would be economy, 10 provide
for the payment by the State, of part OF
the whole of the referees fees, and that the
expense of trial by jury may be lessened
by proper legislation in the two directions
indicated, without any detrlment to public
or private interests.
ASSESSMENT OF TAXES.
The framing of statutes so as to compel au
equitable and just contribution from every
interest and citizen, towards the expense OF
administering the affairs of the State, has
ever been one of the most difficult aud per-
picking questions with which Legislators
have to deal. The right of the State TO COM
pei such just contribution is unquestiona-
BILE. Without it, every department of the
government becomes paralyzed.
The duty of every citizen, and of every
species of property, to contribute towards
tne eApenses oi MS OF lts ptoleclloh is
equally clear. The protection furnished by
the State to It's citizens and to the property
within its limits, gives the right to exact iu
war, the personal services, and in peace, &
poll tax from the former and contributions
from the latter, wherever the owner there
of may reside. This is substantially the
doctrine announced in the 9th article of the
bill of rights.
Within the past few years there have