The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1896-12-30
NEEDED NEW LAWS.
SOME POINTS OK THAT sUgJEcT FRoE
JUDGE HARRY WHITE.
Wants Prisoners Serving Sentence in the
County Jail 70 Work-DetermiHiEg
Costs in Certain Cases and Providing
Fees in others-Has Prepared Bills.

| Judge tiarfg " lllt. 81 1HuiahtA sh
closing his address to the grand jnry, re-
Gently. said: our duty to you might rest
here, as we have explained the CUSTOMARY
procedure about indictments submitted ;
but for many years, in our judicial histo-
~. il was customary for the judges,
through the grand jury, to call the atten-
ton of the public 10 matters of special
Interest. Such judges as James Wilson.
to whose great service TO his county
this commonwealth has never done jus
lice. Judge Addison, Judge King. Judge
Allison and others, who long adorned
the bench. frequently followed this pract-
ice and have LETT on record charges giving
| most valuable expositions of the princi-
pies of our government and of the law.
The constitutions of some Of the states,
indeed, require the judges to report annu-
ally in writing to the governor such de-
fects and omissions in the laws as their
experiencenay suggest. Following such
examples, we may here mention a few
matters of practical use our observation
convinces US should be enacted into law.
They do not relate to elementary princi-
piles, but interest the public in admins
tering the criminal laws:
First, may mention that many pris-
oners sentenced for contribution 10 the
prosecutrix, also for fines and costs in
other cases. living at the expense Of the
county, making no exertion to pay any
thing, 10 be discharged at the end ofthree
months under the insolvent laws aud go
out free. 1 would suggest an act author
izing sentences TO simple Imprisonment
with labor and requiring the county COM
missioners with the sanction of the court,
to put all the prisoners sentenced 10 the
county jail 10 labor about the county
buildings, or upon the public streets and
roads. and provision made for guarding
the prisoners while so at work. Such an
act would make many sentenced pris-
oners raise the money to pay fines and
costs and thus relieve the county from
the payment of such costs. think there
is a sentimentality towards convicted and
sentenced criminals. The last legislature
June Goth, 1896, passed an act on this sub
ject, but did not, think, go far enough.
Second, Juries now have all power in
al misdemeanors TO dispose of the costs
when the defendant is acquitted, bat no
authority over costs on acquittal when q
felony is charged, although il may be a
less serious crime than many misdemean-
ors. This is because Of the old common
Law distinction between felonies and mis-
dameanors. There is not a good reason
why jury should not have jurisdiction
over the costs in petty larceny. which is
felony, the same as It has over them in
conspiracies and perjuries, for instance,
which are miSdeameanors. I wOuld re-
commend an act allowing iuries TO dis
pose of the costs in case ofacquittal in
the lower fslonies.
Third, There are cases where indict-
ments are quashed or judgments arrested
and the prosecution thus failed because
OF some mere technicslity and the court
is powerless 10 impose the costs any
where Thus witnesses and officers lose
time and services without costs. I would
recommend an act giving power 20 the
courts, where indictments are quashed or
judgments arrested to impose the costs
somewhere.
Fourth, There are frequent instances
where coustables cannot, unaided, make
arrests Of desperate criminals and con
vey them to Jail. When assistants in
such cases are employed there is no pro-
vision for fees. It is a hardship to re-
mira Tho a,-af.,r+for, Of .s-.ss-,. ,,ta su all
cases yet make no allowance 10 pay prop
er assistants in desperate cases. 1 would
recommend an act authorizing specific
fees for constable's assistants TO be paid
on the approval of the court.
Fifth, would also recommend author
ity be given the courts to allow compen-
sation to constables in notify ing super
visors of the courts directions about re-
pairs 10 public roads from time to time.
The only way, it appears, to get efficient
work on the roads. is for the courts, in
the rural districts, al least, to hammer
away at the supervisors in charges 10 the
constables and power should be given
to stimulate the constables TO urge the
supervisors to do their duty.
l have prepared bills on all these sub
jects and win submit them for your con
sideraiiOn. These matters are not any
special theories Of this court, but are
plain, fair and practical, particularly the
suggestions about the treatment Of Jail
conyictS, and if made the law viii aid
public justice and cheaper the expense
of keeping prisoners.