Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1876-10-13
will, as at present, command premium
in the money market
ExPENSEs.
EXPENSES.

in the past, be paid almost entirely from
direct taxes. and for that reason should
be cautiously and prudently incurred
Taxation should ever be kept at the low
est limit consistent with the permanent
growth and development of
the interests of the entire people.
Theconstitution has happily prescribed
this limit Its language is, " Previous
to any law being made to raise 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 collect
ed"
The payment of state expenses IS from
a common fund.- raised by general tax
The danger lies in neglect to examine
carefully each item of expense to deter
mine whether it falls within the letter
and spirit of the constitution A curso-
nv examination of the accounts allowed
by the state auditor will suffice to show
that prosecutions by the grand jury, and
trials by the petit jury, occasion large
items of expense At my request the
auditor has examined his books, and re-
ports that there has been paid, including
the sums paid the jurors, during the last
fiscal year for the former, S9,0l3,ol ;
and for the latter, S2l ,443.72.
The criminal prosecutions in each
county are under the management and
control of its states attorney. The IN
cumbent is changed at nearly every cleo
ton. 1t is believed that considerable
sums in fines and forteitures are for this
reason lost to the state.
The incoming states attorney Is unta-
miliar with the business, and has no
knowledge of such as has been lett un-
finished by his predecessor. Not untre-
quently has it happened that the expense
of obtaining an indictment, and some
times of trial before the traverse jury,
has been lost to the state. from the IN
dictments being defectively drawn
through the inexperience of the state
attorney. Besides, there has been paio
to other attorneys for aiding in state tri
ais during the last fiscal year, according
to the estimate of the state auditor, the
sum of $4,000. 1t is my belief that (
) considerable part of this class of expen
: ses might be saved by the creation OF tn
office Of attorney-ge general, to be filled by
an. experienced and able attorney. ]
! should be his duty to take charge OF am
systematize the criminal business OF tn
I state; attend to the collection Of all fine
: and forfeitures give instructions and ali
/ to the states attorneys in drafting lntoI
nations and indictments and to be pres
ent and conduct the more importan
g criminal prosecutions. | believe, wit
Il the criminal business in the care an
: charge of such an officer that the necet
- sity for instituting such prosecutions b
grand jury would, in a great measur
cease to exist, and might be dispense
with except in cases of treason and mu
a. der. For such cases the grand jul
III might becalled whenever occasion shou
Of require, and not in each county annual
I'd as is now done. There is no clause
to the constitution which would be violate
lg by such change. Prosecutions by i
IN formation are fully recognized by tt
ne common law.
of The chief value of the grand jul
lie, system, and the occasion which called
at into existence in England, grew out
ar her arbitrary form of government.
5ly furnished security against unfounded al
g. unjust prosecutions of subject who hi
IL fallen into disfavor with the monarc
tie 1t insured merited prosecutions agair
RS, royal and titled families.
he / have been led to these suggestio
he from the belief that some such chan
to in the law as has been indicated, cou
ne be made, which would not lessen the
ed, fectiveness of criminal prosecutions, b
ng would lessen materially their expen
IN The right of trial by jury is secured
ate the constitution, except where part
otherwise agree" BY such agreemen
ou such causes may be referred, under a ri
lite of court. | am informed that the CT
ial to the state for such jury trials per da
wo is about one hundred dollars. Und
existing law. cases involving the SIM
ur- right to recover for labor or property
/, an amount exceeding ten or twenty d
en- lars, dependent upon the nature of
49,, action, can be, and often are, carried
ing the county court by appeal. The tr
hat of such cases is rarely completed in i
ate than DAY Is it not plain perversi'
not to say violation of that clause in
constitution heretofore ClIeu, W iu poc
q os tax of one hundred dollars upon co
5 q munity, to settle matter in which {
70 of two parties may be entitled to tw
ty-fve or even fifty dollars, and shot
not the right of appeal in such cases
0 90 taken away unless the amount involv
M = % is nearly equal to the amount of tal
a 26 which the appeal will probably imp
upon community?
The allowance of the right of app
in such cases is no kindness even to
g e prevailing party. Besides, the i'll fl
! ings likely to be engendered by such
oo6 ais, the expense of the trial to him
"a "a usually much more than the amount
he. the claim.
The ordinary expenses per day o
,oo1 competent referee do not exceed SIC
s15. Hence if all jury cases should
referred, and the state should assume
payment of the referees fees, V
llss ls g great saving of expense would be secu
s. So to the state, and no right of parties wo
% 20 ~ ~ be thereby sacrificed.
% 90 The main obstacle 10 the way of
q "a y y agreement Of reference is that par
. 90 know that they can try their case by j
So 66 on the payment of six dollars to
state, and that trial by a compel
referee may cost them many times