Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-01-14


be the pleasure of the Legislature 10
thoroughly investigate this matter.
II is becoming the great question SO lar
as the expenditure of the States money
is concerned. The criminal chal geo
are increasing out of all proporulon
and the settlement of this question: cah
no longer be delayed. ,..
The Auditor stimates that tne GIN
inal charges for this year will amount
10 500 900. The Auditor asked the
Legislature of 1895 to provide lor d
deficiency of $4,000 then existing ana
also asked for an appropriation Vi
500 600 for each Of the years 1879 anu
1895. The Legislature failed 10 make
this appropriation for the dehc.ehcy
and ONLY appropriated $4,000 tor eSch
of the said years. The facts now prove
that the Auditors estimate Tor lhese
two years was about correct DIS o ne eao
has been a deficiency of about $5O,OOV
in the appropriations for these Two
wears. which together with the ueh-
cheney of $4,000 that the Legislature
Of 1895 failed to provide for makes a
total deficit of $4,000. With THIS de-
felt and the criminal charges for the
wear 1897. it will be seen that SliO,VUV
will be needed to pay the total deIciI
now due and charges becoming uue
within the fiscal year. Under the Id"
as it now stands, this is a due anu
subsisting claim against the state, ana
these accounts have been passed upon
bv the powers having the right under
the law to make them legal. IL
90 ho The
pavment of these accounts should DE
further delayed. l hope it Will be the
pleasure of the Legislature to enact
LEGISLATION which will decrease the
criminal charges.
| again suggest the recommendations
which | had the honor to make TO the
Legislature in my first message.
believe that with the adoption OF the
no1icv therein set out large sums OF
money will be saved TO the State ana
these charges will be largely decreased.
It is certain the question OF conveyance
of the prisoners to the penltehtldl!
costs a large sum of money IN excess
of what is right. | Thoroughly pc
lieve that the adoption OF the susges-
ton in reference to justices OF the
neaee and constables who have tne
custom of instituting felony cases, VIII
work great good to the State. l
NAV he hardened for quoting my rec
ommendation in this matter TO the last
Legislature.
II am of opinion that the excessive
criminal charges largely result from
the following reasons: Many justices
of the peace and constables have Gus
tom of instituting felony cases, which
are not in fact felony cases, but when
are small misdemeanors, and upon
trial the verdict of the jury will be for
misdemeanor. This result is well
known at the time the cases are in
stituted and the felony charge was
made for the purpose of making large
costs payable out of the State treas
ury. This is done in a vast number
of instances. In some cases there rs
no ground for the charge even before
the Justice. and the cases are dis
missed before the justice and the costs
are charged. In many instances 1t is
Dlain collision between the justice OF
the peace and the constable, and 1t is
we'll known that the charge cannot be
sustained even before the justice. The
above described practices alone cost
the State thousands of dollars, and
they are the chief causes of the large
criminal charges. The remedy is to
enact legislation providing that under
a Justices commitment, an indictment
and trial in the circuit court for felony
and a verdict for misdemeanor that
these costs should not be payable out
of the State treasury. This will have
a two-fold effect. In the first case,
the small misdemeanor costs will not
pay the parties engaged in this practice.
In the second place, the costs being
paid by the county, these people will
he more careful in instituting criminal
proceedings as the charges are 10 DE
paid out of the county and they will be
deferred from this practice by the TACT
that the people interested in county
matters will resent this action, and Will
look after those who add to the bur
dens of the county which are the bur
dens most plainly seen and under
stood. | think this plan would lessen
criminal charges very materially. An
other potent cause of large criminal
charges. is the conveyance Of criml-
nails to the penitentiary by the sherifs.
This will aggregate in year a very
large sum. The sheriff has good
allowance for each prisoner so con-
viewed. He has costs. fees. and eX-
penses largely in excess OF the acIual
cost of the transportation or the prs
lsury During the Fiscal Years Ending Sep
September 80, 1898.