Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-07-22

and assumes that the defendant was IN
jaii only fifteen days. and that he wa,
tried at once--without continuance n
the defendant ls solvent. all thn above
costs, OF course. fall on him. and. I'm agll.
ton thereto, there will be- charged uD to
him %.B clerks fees. besides his own
costs.
The writer has taken occasion 20 con.
suit one OF the best-informed clerks in
Virginia on the above estimates II -
given mainly from his statement. which
he was kind enough To furnish. II ths
defendant Is acquitted tho State pays In
all cases for its pains tire above sum.
minus the grand jury, the clerks f.es.
and attorneys.
TRIAL By JURY.
" will be observed that the costs IN
the preliminary trial Ohe first five Items
In the above column) were only SO.
What objection can there possibly D. 20
let the prosecution be Instituted h NJ.
50 that II the defendant Is acquitted
the State W. have a small costs 70 pay.
or. " convicted. he may let the matter
rest here, unless he saw ft to appeal OF
remove the case. where he could have =
trial by Jury. Even In this case there
will be no grand Jury 10 be paid f0g b.
the county or corporation.
Trial by jury viii In no sense b. Yo-
lated by the proposed amendment; Il
Will be held inviOlate as ever; therc viii
be no infringement upon anybody's HI
erty. IL will not do to take a seutimen-
tai view OF this important matter IL has
been asserted that too much sentiment
has been one drawback TO the Virginia
people. Old things. old histories. OIL an
cestors. ancient traditions, ancient law,
and ancient court procedure are what ih'
Nirginian loves. IL is all very well AM
very beautiful. but u cannot b. SAL
that these things always assist her 10.
tional prosperity; sometimes thcy are a
hindrauce. The taxpayer. especially
when he lives In the county on farm.
which I'm these troubled times IL docs
not pay him 10 keep. Is apt % rails,
protest when he has TO pay FOR this nu-
ment. There was a time when he could
do II, but not now.
WHAT THE LEGISLATURE COULD
DO.
II Is time the Legislature maic an
effort TO meet the present G,iiculty aul
emergency. without the change 81 The
Constitution. by giving the justice Juris-
diction 10 try enumerated mislemeanors,
when the defendant should elect % b.
so tried. II this act Is constitutional 10
does not meet the difficulty half way even.
But as long as the Miller case remains
undisturbed, IL is the individual opinion
OF the writer that this act is unConsu-
tutional for il IS made SO hy this case.
The question is sometimes asked why
this matter WAS not disposed of by the
last Legislature. and m article IN the
Lance from King George comnlained bit
terly that the last General Assembly 40
not do this. or some other thing like r..
All this IL the result OF the want of in
formation.
IL may be surprising 90 some ~ our c'u-
zens who are not lawyers - know that
by the terms OF our Constitution Itself.
In the regular course OF procedure. u Viii
take about four years 60 amend the In
strument and enact laws in pursuance
of the amendment For instance. ore
General Assembly proposes AN amend.
ment: the succeeding General Assembly
elected two years after ratliss it and
submits IL to the vote ~ the peopie. A.
the people approve and ratify the amend
ment, II this becomes a part OF the Com
sttution. and unless there II an extra
session. the next succeeding General A.
sembly--the third as "A matter ~ COURSE
alone can enact such general legislation
az will meet the requirements Of the
constitutional amendment.
The amendment to meet the Miller cas-,
was proposed 10y the General Assembly
early I'm the year OF 1892: the next sue.
ceedihg Assembly had to ratfy and ap-
prove and submit IL 90 the vote of tho
| people. which was done as IN. constltu-
tion prescrhes. This fall the people VIII
vote upon It, and II the amendment "a
carried II will be- In December, iN9s or IN
the early part Of 1895 before any laws
can be passed To meet the requirements
| OF the amendment j. =. W