The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-10-07
JURY TRIALS, TAXATION AND LEGIs-
LATION.

The message of Governor Fairbanks,
which was published in full yesterday
morning, is a somewhat remarkable docu-
ment-remarkable, however, more for the
evils which it discloses, than for the prac-
teal nature of the remedies it suggests. 1t
looks to us, We must confess, more like
the suggestions of visionary, that the
recommendation of practical man of
business. Not but what there arc many
wise and practical suggestions in it, but
that of the four principal topics which he
characterization, jury trials, legislation,
and our reformatory insitutions-thc last
only shows that acquaintance with the sub
iect, its needs and the practical remedy for
its evils which we should expect from such
practical man of business as we know
Horace Fairbanks to be.
To take up the message somewhat in its
order, we find, first, that lie recommends
practical abolition of the system Of trials
by jury. Why? Simply because it is ex-
pensive. lie figures up the expenses Of the
grand and petit jury for the last fiscal year
at something over thirty thousand dollars,
and would have us save the greater part Of
this sum by abolishing the grand jury, ex-
cept in cases OF murder and treason, pro-
vding for the trial Of most civil cases by
referees, and by substantially doing away
with the right of appeal.
If the grand jury is to be abolished at all,
it is difficult to see why it should be re-
tanned in cases of murder aud treason,
more than in other cases. Ii 10 just as ne
for larceny, perjury, forgery, arson and
other crimes, as iu those for murder and
treason. If the institution is to be done
away with at all, let lis have a clean sweep
But why do away with it? 1t has not, in
this state at least, survived its usefulness.
Experience has shown in other states that
the experiment of prosecuting criminals
without resort to tho grand jury does not
work well. In states where the experiment
has been tried, it has been abandoned and
return had to the old system.
We, in this state, have already tried the
experiment of endeavorng to compel par
ties to resort to trial by referee, instead of
by jury, and the supreme court pro-
nounccd it unconstitutional. So too, we
believe that denial or abridgemcnt of the
right of appeal, to the extent recommend
ed, would be in violation of the spirit, if
not the letter, of the constitution.
1t is undeniable that our sytem OF grand
and petit juries is somewhat expensive
but it is no more so now than it wa3 fifteen
years ago in proportion to the increased
pay of individual jurymen., n" IL -
T. -aao,- ;-,---.. ieCelvcd per diem Of
one dollar and twenty-five cents, and the
grand jury debenture for the entire state
was S2,40S.7S. In 1876, the per diem was
two dollars and the debenture $780, 90
not $9,G13.S1 as the governor has it. Per-
haps even this expense can be materially
reduced. We trust that it can, but not by
abolshing the grand jury sytem, denying
the right of trial by jury, or abridging or
denying the right of appeal. We doubt
not that many cases are appealed from
Justices court, that should have been ended
there, but we, at the same time, remember
that the chief justices of these courts are
not always the men best fitted to determine
the rights of property. Appeal and jury
trials are expensive, but it is an expense
that all checrfully contribute to, because
all feel that they may sometime need the
benefit of it.
We entirely agree with all the governor
says in reference to the inequality in the
assessment and collection Of taxes; but,
unlike him, we are not very hopeful of a
with the people, more than with the laws.
There are defects, to be sure, in the laws,
but the same nequality-dishonest is the
better word-would exist under the best
of laws. When listers can be found who
will obey the presen. laws, appraise prop
erty al its true value in cash, and when the
people are ready to have all their property
appraised at such value, then we may hope
for an improvement. But what hope is
there for the speedy approach of such a
day, when we see great party supporting
for the highest office in the gift Of the peo-
pie notorious tax dodger? He is no
worse, and no better, in this Iespect.than
other men, and until it becomes dishonor-
able to eyade taxation, we do not hope for
more equitable assessment and collection
of the taxes. However, it will do no harm
to make the trial, and we trust that CON-
mission may be authorized to investgale
the whole subject of taxation, and to de
wise, if possible, a system that will at least
give us promise of better things to come
Passing by his references to education,
the state library and other topics, we come
to his theory of legslatlon-and of this VIC
have bat word to say. 1t is true that
we legislate too much u, that the work is
hastily done, that the result lie generally a
bungle, and, he might have added, that it
was altogether an expensive luxury. How
to remedy all this is problem upon which
men may and do differ. We think that
our present system is net what it should be
is not what new constitution would
provide for. But it is very questionable
whether the governor suggests an appro-
pirate, proper, or even practical method.
The idea of having a permanent COM
mission whose duty it shall be to recon-
mend, prepare and perfect legislation for
the general assembly seems to us just a
triae absurd, and unsanctioned by the con-
stitution. We find no authority anywhere
for the appointment of such commissions.
They were not contemplated by the con-
stitution. They would be In violation OF
its spirit They would be expensive and