The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-19
THE CRIMINAL EXPENSES.
Ono Effort of the Legislature to Reduce
Them Results in Terrible Tangie.

To the Editor Of The Times
eir-Tbe acts OF the Virginia Legisia-
ture 1s95-96. have just reached the couh-
ties. and among lawyers the act OF Malcn
5tb entitled IAN Act to Amend Sec. Aloo
of the Code of 1851" has provoked d
great deal of discussion. This section rs
amended and re-enacted gives ponce JUS
tics and justices Of the peace eNcluslNe
ORIGINAL jurisdiction for the tria. OF an
,,isdorneanor cases, without browning lot
The trial of indictments pending IN th1
co,,ntv and corporation courts when inc
act went into effect The opinion OF tna
hest lawyers here is that the county coui %
cannot proceed 10 try these cases pu'
that they must be dismissed ana the az
cused be discharged, thus acquiring tne
parties. unless some person VIII swear out
a warrant for their arrest WHICH, Vi
course. will not be done.
l. ~ nossible that the Legislature IN
tended 10 turn over TO justices or the
neaco the protection OF the revenues OF
the State? -. .~o
All violations of the revenue laws are
misdemeanors: then,necessarily'the courts
have no original jurisdiction IN cases Oh
violation of these laws. The act IN que
lion virtually repeats sections 80 ana 90,
code 1SS7. which sections were intended
Tor the urotoction of the revenues OF the
state. heretofore the Legislature mas
guarded very jealousy the revenues. SC
ton $50. Code 1851 requires coinhiisaiO"
ers Of the revenue 10 report 10 coui
clerks ten days before each regular bIa"u
Jury term all violations OF these Jaws
This section is rendered OF no eject Dy
the amendment in question The courts
1 l.,rl 10 charge the grand
iuries 10 inquire into all violations OF
these laws Now the grand Jurles VIII
have nothing TO do with IL. Section dj-l,
Code 1857. requires justices To summon
before them any person suspected o. sell
ing liquor without license. ana PROVIDES
how he shall proceed. This section is
virtually repealed by the amendment ~
question. and the justice must now wait
untu some person makes complaint on
oath before he can issue his warrant
Under section 1886 Of the Code a'lustice
cannot issue a warrant in a criminal case
without a complaint except when the
punishment is other than fine.
But the greatest difficulty viii arise
when the Justice comes TO impose his
punishment In any case. This section. as
amended. provides that the justice shall
impose the same punishment that the
county and corporation courts are au-
thorized TO impose. Now, If these courts
are without jurisdiction, they can impose
no punishment, and therefore the justice
can impose none. In its effort 10 reduce
criminal expenses the Legislature has got
things in a twist. If the Legislature had
passed laws imposing heavier penalties
on all who violate the law, they could
have reduced crime, and thereby reduced
crimianl expenses; but instead thereof
nine-tenths of the criminals will go I'M
punished. crime will increase. and the
people suffer. The criminal classes dread
the grand jury, the court. and the trial
Jury. but they sneer at the magistrate.
They can employ a lawyer: there Will be
no one TO represent the Commonwealth
before the justice, and an acquital will
result
II may be well enough in the cities.
where there are police officers TO look
after the violations of law, to have all
the grave as well as the petit INSIDE
meanors tried by justices. but in the
country il will not do, because the great
est number Of v'olators Of law will never
be apprehended II the grand jury of in
quest is not allowed to Inquire into their
violations.
hope | have said enough 10 provoke n
discussion of this legislation through your
columns. H. S. PEDIGO.
Floyd c. H.. Va, April H. 1896