Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-03-21
JURISDICTION OF MAGISTRATES.
How the Defects I'm the Present Law
May he Cured.
Franklin, Va. March IS, l8g1

Franklin. Va, March IS, 1891
To the Editor OF the Dispatch;
Some time in February an article from
Judge W. Il. Homes. of Mecklenours
county, was published In the Dispatch
with reference to certain desired amehu-
ments TO the law giving magistrates
Jurisdiction of all misdemeanor cases
and about the same time your CORES
pondent from Onancock gave your reau-
ers what purported to be the views OF
Senator LeCato in support Of the saiu
law and those of DR.. Charles Smith, IN
partial opposition TO II. Inasmuch as
proposed said law in the House OF Dele-
gates (by means Of an amendment wHich
/ offered 10 the bill of another MEMBER,
and am largely responsible Tor us pas
sage. / deem II my privilege TO nave
something to say with reference 10 the
criticisms Of the law above referred TO-
brief history of the legislation Is as
follows: When the bill amending section
4O6 of the Code (Which is the law to-
day). was sent from the House, where II
originated, to the Senate. there was sent
along with II a companion bill amending
section 4Ol6 Of the Code, so as 20 reserve
TO grand turies their inquisitorial func-
tions in msdemeanOr cases, ana pFe5ctlo-
ing that when a grand jury presented OF
indicted a person for misdemeanor
that the court should certify SAID present.
ment Indictment or information 10 Some
magistrate I'm the district IN Whlcn the
offence was committed, VINO shouid NY
said person for said misdemeanor' WIN
right TO accused, of course, 10 appear
from his decision to the County Court
the Senate committees, / succeeded IN
having both these bills reported TO the
Senate only a few days before the end
of the session. Much opposition deyei-
oped I'm the Senate 10 botn DIS,
and the outcome was that the Oil 70
amend section 40l6 with reference L"
grand juries) was defeated and the otner
bill. to amend section 4i06. was amended
(as the Senator who had It in charge
thought and as every one DeleVeu) 50
as TO give magistrates concurrent !uIls'
diction with County and Corporation
courts of misdemeanor cases, ana as 80
amended passed both Senate ana House.
II afterwards turned out, however. that
by some means chow has never been eX-
plainedD the amendment supposed TO
have been added to said bill in the SEN
ate was not 50 added, and the bill, as
passed was, as 1t had originally passed
the House-that is, giving magistrates
exclusive original Jurisdiction Of INSIDE
meanors which is the law to-day.
The only objection TO the law IS tnat
there are many offences committed when
no one considers It his duty to report 10
a magistrate, and as the grand JurieS
have no functions in such case that
said offences go unpublished. Now, 1t VIII
be seen at a glance that had the senate
not defeated the bill above referred 10,
amending section 40lC of the Code. this
objection would not have existed, and l
cannot but believe that at the next ses-
sion of the Legislature a bill will be
passed curing this objection, and practi-
cally doing the very thing advocated by
Judges Homes in the article referred 10,
and curing the objection urged against
the bill by the local-option people on the
Eastern Shore.
The law is certainly good one, botn
for the State, which it saves large sum
of money each year in criminal expenses
and for individuals, by affording them
a convenient and inexpensive forum
where petty offences that they are ac-
cused Of having committed can be quick
~ disposed Of always with the right
TO the accused, where he thinks he Is
wronged by the judgment in said forum,
to appeal to the higher tribunal. with
such an amendment added as that which
was proposed to section 40l6, giving grand
iuries the right to inquire into misde-
meanors. I do not believe that there IS
10 per cent. of the voters in the State
who would oppose the law.
J. c. PARKER.