Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1896-04-20
THE CRIMINAL EXPENSES.

B. S. Pedigo, of Floyd C. H., in a
communication to the Richmond Times
says: The acts of the Virginia Legisla.
ture, 1896, have just reached the
counties, and among lawyers the act of
March 5th, entitled IAN act to amend
sec. 4lO6 of the code of 1887" has pro-
voked q great deal of discussion. This
section as amended and re.enacted
gives police justices OF the peace ex-
elusive original Jurisdiction for the trial
of all misdemeanor cases, without pro-
viding for the trial ofindictments pend.
ing in the county and corporation
courts when the act went into effect.
The opinion of the best lawyers here is
that the county courts cannot proceed
to try these cases, but that they must
be dismissed, and the accused be dis
charged, thus acquitting the parties,
unless some person will swear out
warrant for their arrest, which, of
course, will not be done.
Is it possible that the Legislature in
tended to turn over to justices of the
peace the protection of the revenues of
the State?
All violations of the revenue laws are
misdemeanors; then, necessarily, the
courts have no original jurisdiction
in cases of violation of these
laws. The act in question vir-
tually repeals sections SIS and 5H,
code 1887, which sections were intenu
ed for the protection of the revenues
of the State. Heretofore the Legisla
ture has guarded very zealousIy the
revenues. Section 522, code 1887, re-
quires commissioners of the revenue to
report to court clerks ten days before
each regular grand jury term all vic
lations of these laws. This section is
rendered of no effect by the amend
ment in question. The courts are re
quired by law to charge the grand
luries to inquire iuto all violations 0!
these laws. Now the grand juries will
have nothing to do with it. Section
1921, code 1887, requires justices to
summon before them any person sus-
pected of selling liquor without Ii
cense, and provides how he shall pro-
ceed. This section is virtually repeal
ed by the amendment il question, and
the justice must now wait until some
person makes complaint on oath be-
fore he can issue his warrant. Under
section 1856 of the code justice can
not issue warrant in a criminal case
without complaint, except when the
punishment is other than fine.
But the greatest difficulty will 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
authorized to impose. Now, if these
are without jurisdiction, they can i'm
pose no punishment, and therefore the
Justice can impose none. In its effort
to reduce criminal expenses the legisla-
ture has got things in q twist. If the
legislature had passed laws imposing
heavier penalties on all who violate the
law, they could have reduced crime.
aud thereby reduced criminal expenses;
but instead thereof nine-tenths of the
criminals will 60 unpunished, 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 lawyer there will be no one
to represent the Commonwealth before
the justice, and an acquittal 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 misde-
meanors tried by justices, but in the
country it will not do, because the
greatest number OF violators of law will
never be apprehended if the grand jury
of inquest is not allowed to inquire into
their violations.
hope have said enough to provoke
8 discussion Of this legislation through
your columns.