The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-10-06

with the same prudent foresight and the
same economical and honest management con-
tinued, Vermont will hever be numbered among
the bankrupt or repudiatlng states, but her
promises to pay Will, as at present, command a
premium In the money market.
EXPENSES.
The expense OF administering the affairs Of
the state must in the future, as In the past, b.
paid almost entirely from direct taxes, ana for
that reason should be cautiously and prudent
ly incurred Taxation should ever be kept at
the lowest limit consistent with the permanent
protection, growth and development OF the In
Ierests OF the entire people.
The constitution Las happily prescribed this
| limit It's language Is, "Prevous TO any law
beng made TO raise tax, the purpose Tor
which IL Is 10 De ra az e oqgnt 70 appe,ar evident
community than the money would be If not
collected"
the payment OF state expenses is from n
common fund, raised by general tax The
| danger lies In neglect 10 examine carefully
each item OF expense TO determine whether It
falls within the letter and spirit OF the consti.
| tuition. A cursory examination or the accounts
allowed by the state auditor will suflice TO show
| that prosecutions by the grand jury, and trials
| by the petit jury occasion large items OF ex.
pense. At my request the auditor has examiI-
| ed his books, and reports that there has been
paid, including the sums paid the jurors, dur
Ing the last fiscal year-for the former, 81 ST.
| 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 believed that con-
siderable sums in fines and forfeitures are for
this reason lost TO the state.
The incoming states att Tney Is unfamiliar
| with the business, and has no knowledge Of
| such as has been left unfinished by his pTede-
| cessor Not unfrequently has 1t happened that
the expense OF obtaining an indictment, and
sometimes OF trial before the traverse Jury.
has been lost to the state. from the indictments
| being effectively drawn through the inexperl-
| ence OF the states attorney. Besides, there
| has been paid to other attorneys for aiding in
state trials during the last 1scai year. accord
| Ing 10 the estimate OF the state auditor, the
sum OF 81 800. 1t is my belief that II consider
able part OF this class OF expenses might be
| saved by the creation OF the office OF attorney
general, to be lllled by an experienced and able
attorney. 1t should be his duty 10 take charge
| of and systematize the criminal business OF the
state attend 10 the collection OF all fines aud
| forfeitures give instructions and aid TO the
| states attorneys In drafting informations and
| indictments; and TO be present and 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 n grand
| jury would In a great measure, cease to exist,
and might be dispensed with except in cases { I
| treason and 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 constitu-
| ton which would be violated by such change.
Prosecutions by information are fully recog-
nized by the common law.
The chief value OF tho grand Jury system,
| and the occasion which called II into existence
| In England, grew out OF her arbitrary form OF
government. IL furnished security against un-
| founded and unjust prosecutions OF a subject
who had fallen into disfavor with the monarch.
| 1t insured merted prosecutions against 10. III
| and titled families.
| BELIEF that some such change IN tho law as has
| been indicated, could be made, which would
| not lessen the effectiveness OF criminal prese-
| cutlons, but would lessen materially their eX.
pense. The right or trial by jury Is secured by
| the constitution, "eXcept where parties other
wise agree" BY such agreements, such causes
N IN
Informed that the cost to the state for such
| Jury trials per day Is about one hundred dol
lars. Under existing law, cases involving the
simple right to receiver for labor 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 day. Is It not plain
perverslon, not to say violation or that clause
In the constitution heretofore cited, 10 impose
a tax OF one hundred dollars upon community,
TO settle matter In which one OF two parties
may be entitled TO twenty nve or even fifty dol
lars, and should not the right OF appeal In such
cases be taken away unless the amount invoy-
Cd is nearly equal TO the amout OF taxes which
the appeal VIII probably Impose upon commu-
nifty?
cases Is no Kindness even 10 the prevailing par
ty. Besides, the Ill feeling likely TO be en-
gendered by such trials The expense OF the
trial TO hin, Il usually much more than the
The ordinary expenses per day OF a competent
referee do not exceed $40 or $40. Hence II all
Jury cases should be referred, and the state
fees, very great saving OF expense would be
secured TO the state, and no right OF parties
would be thereby sacrificed,
The main obstacle In the way OF an agree
ment OF reference is that parties know that
theycan try Their case by jury on the payment
OF six dollars TO the state, and that trial by
competent referee may cost them many tiines
think it would DO economy, to provide for