The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1876-04-07
CRIMINAL REFORM.
Secretary OF Clyil and Military \

hlmlNhL NEE Ohm,
The suggestion of Mayor Hatch, of Bur-
lingtou, that competent commission he
appointed to thoroughly examine the ad-
" uinistration of criminal law In that city
-Burington-"an report whether any,
a. and if co, what legislation is necessary to
" relieve the city from the apparently OK
" cessive and unnecessary expense of this
" department." Is a good one, but it docs
not go deep enough. Our whole criminal
SYSTEM and our mode and manner of pay
ing the expense of detecting crime and
prosecuting and Furnishing criminals, is
cumbersome, complicated, inefficient, ex-
pensve and unequal. In a word, there is
no system to it. We have one class of
crimes with which the state has nothing to
do-the expense being borne by the several
towns, cities, villages, or counties, and
then another entirely under the control of
the state. In Rutland, for instance, crimes
may be classed as those which the state lie,
by law, bound to pay the expenses of pro-
scouting another in which that duty de-
wolves on the county; another in which the
town bears the burthen aud still another
in which the village alone is interested. In
some of these crimes the expense falls on
the state or village as certain officer may
or may not institute the prosecution. This
all leads to confusion, tends to increase ex-
pense, serves to make officers inefficient,
and is inconsistent with the protection of
property and the maintenance OF good
order.
Just what the criminal expenses of the
state are it is impossible to tell. We know
how much the state, as state, pays-and
that is all How much the several towns,
villages, counties and cities pay annually,
in the aggregate, no one ever knew. There
is no reason why the whole criminal ex-
peuses of the state should not be paid from
one source-we care not whether they come
from the state treasury, the county treasu-
ries, or the town treasures, if go be that
they can he consolidated, the burdens divi
ded according to the benefits received, or
protection afforded, by the prosecution of
crime, and the sum total placed where
those interested-the taxpayers, can ascer-
tain just what they are paying for some
thing or nothing as the case may be. Un-
less the facts and figures are known, no re-
form can be expected.
There are several things that need re-
forming, and this consolidation, so to
speak, of our criminal laws into some kind
of system would lead to reform, and
that right speedily. Let us instance what
might happen under our present system, or
want of system. The statute requires that
the costs of prosecution for the breach of
any penal law, or for any other offense
shall be paid out of the treasury TO which
the penalty by law belongs" A man is
prosecuted and convicted for intoxication
and, at the same time, for breach of the
peace The penalty in the former case, by
law, belongs 10 the state treasury, and in
the latter to the town treasury. Such
pros culions are of frequent occurrence.
We have them here in Rutland and in
Stances too, where the man is committed
TO Jail in default of payment of fine and
costs. Who shall pay the prisoners board
in jill. Shall the town and state each pay
three dollars and fifty cents per week or
shall each pay one-half, or shall one be
free from all liability This is a practical
question. If our officers were not all hon.
est, we should expect that double board
bills would be collected, but, as it is, we
are very much inclined to think, without
knowing anything about the matter, that
the state pays the full bill, while the town,
to whose treasury, by law, one of the pen
alties belonge, gets off without expense.
Surprising, however, that the liquor pros
ecution had been under the statute where
the fine was payable to the village treasury
the prosecution having been commenced
by the chief of the police--it might be an
interesting question to tax payers, who
should pay expenses
There are several reforms that naturally
suggest themselves For instance, requir-
ing complanants, when it shall appear that
there was no reasonable or probable cause
to expect a conviction, to pay the costs of
prosecution-as is the ease IN most of the
states doing away with witness fees in
petty criminal cases and in preliminary eX-
amnations before justices of the peace
doing away with the system OF notifies and
informers--that IS of paying proportion
OF the fee to tbs prosecutor, and making
the amount of costs depend upon cenvic-
ton ; making police forces in cities and
villages nearer self-sustaining, by paying
them reasonable salaries and then having
these fees taxed for the benefit of, and
paid to, the city or town treasury. These
and many other reforms which suggest
themselves, and which, upon consideration,
may or may not be practicable, are
worthy of enquiry. 1t is too late, of
course, to do anything 80 that 1t
may have an immediate effect, but II the
subject can be thoroughly discussed and
then brought to the attention of the legis-
lsture, something good and something
practical may come out of it. Perhaps it
will be impossible to 30 gather facts and
figures, that the legislature can act under