Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-10-28

suggestions IN to Some That VIZ
ginia Has to Bear.

ginia Has to Bear.
=. Newport News. Va
To the Editor of the Dispatch:
AS this seems to be campaign OF re-
trenchment and reform, every one, more
or less, has a plan, or rather sugges-
ton, to offer as to how and by what
means a curtailing Of the enormous ex-
penses OF the State may be had.
The last General Assembly OF Virginia
did much towards reducing the criminal
expenses of the state under the present
Constitution, which, by the way, seems TO
be very acceptable to the people of Tide
water Virginia, from the vote cast for
and against the constitutional convention
when il was submitted TO the people. by
tho Acts OF 1895 and 1896 the justices OF
the peace have exclusive original jurisdic-
ton of all misdemeanors, thereby saving
to the State about $4,000 in round num-
bers annually. 1 believe that the next
Legislature may carry the good work far-
Their in this direction by amending Sec
ton 1856 Of the Code OF 1887. by adding:
Provided, that no policeman. constable
deputy constable, sergeant, deputy SER
geant. sheriff, or deputy sheriff shall be
allowed to make complaint upon infor-
nation, except for violation of the reve-
nue. law of the State, and in all cases or
misdemeanor the complainant shall pay
the cost, unless a judgment be entered
against the accused, and when the costs
are assessed against the complainant, II
default be made in the payment thereof
he may be confined in Jail not to exceed
five days"
The Acts of 1895 and 1896 page s2D vir-
tually repeal section 1891 of the Code or
1887, as there are no prosecutions in the
courts OF record for misdemeanorS ex-
cept upon appeal from the decision or the
justice, hence this section might be re-
pealed, as 1t is at present a nullity. Sec
ton IS of the Code of 1887 should be
amended so that the three justices OF the
peace elected in each magisterlal district
OF county shall not reside or have their
Office or hold their court within three
miles of each other, except upon request
of one justice to another to hold his court
or sit in judgment with him. section ~
of the Code of 1881 should be repealed IN
toto. Why these changes? The writer OF
this article is a lawyer of seven years
practice. the major part or which mas
been the criminal law, and has had
varied experience with justices OF the
peace court. My experience Is that there
is in every county in the State in when
there is a city or an Incorporated town
a number or additional justices OF the
peace other than nose provided Tor py
the Constitution, additional constables,
and how many special policemen Goa
only knows. These people all have 10
have a living, and hence they collide
with each other and make all sorts OF
complaints upon information. III you are
employed as counsel In q case for the ac-
cused, nine times out of ten you will see
that the warrant is written upon the
complaint and information on oatn OF
Mr.. H., who happens TO be one or the So
called conservators OF the peace. When
he knows nothing himself, but simply
what some one has told him, and is oniy
making the information. he says, as
public officer pro bono puplico.
Some time ago L had occasion TO go 10
a county in which there is an incorpo-
rated town to see about a matter penang
before county justice VINO nveu III tne
suburbs, and when | got there l found q
large gathering. The Commemorative
Attorney for the county was riding out,
and happened TO pass that way Just at
the time and the crowd attracted his at
tention. He inquired wtat was the mat
ter, and the Justice showed him the war
rant The complaint was upon informa,
ton of a special policeman, and charged
a colored man with the ruin or a color
ed woman under proposal of marriage.
The Commonwealth Attorney asked the
Justice where the woman was; why sne
one said "She says she Is not coming
to the courthouse nor have anything 10
do with It," The Commonwealth Al
torney told the special officer not TO do
that again: that if he did he would try
to have him removed, and told the Justice
in cases of that sort 10 send the people
to him. and let him talk with them, ana
no would try to find out If they had a
case and IL ne thought they had he
would prosecute ii as best he could. This
was only chance shot, and even then
the offence alleged was a felony III
But the manner in which THESE so-cail-
ed conservators of the peace, POKE, peer
around. and hatch up prosecutions, whleh
are IN the nature of public nuisances On
which the neighborhood should be ana
generally is interested and for that part.
come under that chapter OF the Code OF
1887 entitled "Ofences Against Morality
but the manner. / say, in which these So
called peace conservators act, tends great
ly to increase criminal prosecutions ana
State expenses therefor. as Few warrants
are dismissed at the cost OF the STATE LOT
less than s2S5. For instance. let informa-
ton be made charging eight or ten men
with stealing a ride on a railroad, ana
be dismissed at the cost of the state and
there is an expense entailed or sZ5.oo IN
short order.
Have three or four OF these justices
around the suburbs of the cities OF Rich
mond. Norfolk, Portsmouth. petersburg
(Which. by the way, is in three couhtiesl'
Danville. Newport News. ana, IN lac,;
around the suburbs of every Incorporated
city and town I'm the State, and have these
special policemen and additional consta-
bles. and allow them to make these COM
plants for misdemeanors on Information,
and YOU will find that instead OF diminish
ing the criminal expenses Of the State,
in a short while that Is TO say as soon
as they all catch on TO. the way In Whlch
this thing is being done, they VIII be
greatly increased.
one more thing and I have done. In
prosecutions under the manning act
which Is the most frequent known TO the
law. would suggest that II the jury
bring in a verdict in which the punish
ment Is less than a felony, that the Com
monwealth's Attorney be allowed only 80
for the prosecution. 1t is my candid belief
that IL these changes are made the state
will save from $4,000 to $4,000 year
more than at present in criminal ex-
penses. / am,
Very respectfully yours, 1900