Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1897-03-27
JURISDICTION OF MAGISTRATES.
How The Defects in the Present Law
May BE Cured.
Franklin, Va, March is, 1897.


To the Editor of the Dispatch
Some time in February an article
from Judge w. E. Homes, of Neck
lenburS county, was published in the
| Dispatch with reference to certain
desired amendments to the law Civ
ing magistrates jurisdiction of all
| miSdemeanor cases, and about the
same time your correspondent from
Onancock gave your readers what
purported to be the views of Senator
LeCato in support of the said law
and those of DIR. Charles Smith, in
partial opposition to it. Ipasmuch
as | proposed said law in the House
OF Delegates Thy means of an amend
ment which offered to the bill of
another member), and am largely
responsible for its passage, deem it
my privilege to have something to
say with reference to the criticisms
of the law above referred to.
A brief history of the legislation is
as follows When the bill amending
section 4106 of the Code (Which is the
law to-dayl,was sent from the House,
where it originated, to the Senate,
there was sent along with it COM
panion bill amending section 4015 of
the Code, so as to reserve to grand
iurieS their inQuisitorial functions in
miSdemeanor cases, and prescribing
that when IL grand jury presented or
indicted person for |niSdemeanor
that the court should certify said
preSentment, Indictment, or inforIna
tion TO some magistrate in the dis
trict in which the offence was COM
mitted, who should try said person
for said miSdemeanor, with right to
accused, of course, to appeal from his
decision to the county court. After
much and veXatiouS delay in the
Senate committees, | succeeded in
having both these bills reported to
the Senate only Il few days before
the end of the session Much OPP
position developed in the Senate to
both bills, and the outcome was that
the billie amend section 1915 with
reference to grand jurieS) was de-
feated and the other bill, to amend
section 4106, was amended (as the
Senator who had il in charge thought,
and as everyone believed), so rs to
give magistrates concurrent juriSdic-
ton with county and corporation
courts of misdemeanor cases, and as
so amended passed both Senate and
House. 1t afterwards turned out,
however, that by some means chow
has never been explained) the amend
ment supposed to have been added
TO said bill in the Senate was not so
added, and the bill, as passed was, as
it had originally passed the House
that is, giving magistrates exclusive
original Jurisdictions Of miSdemean-
ors. which is the law to day.
The only objection to the law is
that there are many offences com
lnitted which no Que considers it is
his duty TO report to magistrate.
and as the grand juries have no
functions in such case, that said
offences go UNPUBLISHED. Now, it will
be seen at a glance that had the
Senate not defeated the bill above
referred to, amending section 4016 Of
the Code, this objection would not
have existed, and | cannot but be-
lieve that at the next session of the
Legislature bill will be passed cur
ing this objection, aud practically
doing the very thing advocated by
Judge Homes in the article referred
to, and curing the objection urged
against the bill by local option peo-
pie on the Eastern Shore.
The law is certainly good one,
both for the State, which it saves a
large sum OF money each year in
criminal expenses, and for individ-
uals, by atrording them convenient
and inexpensive forum where petty
offences that they are accused of
having committed can be quickly
disposed of, always with the right to
the accused, where be thinks he is
wronged by the Judgment in said
forum, to appeal to the higher tri-
bunal. With such an amendment
added as that which was proposed to
section 4016, giving grand juries the
right to inquire into misdemeanors, !
do not believe that there is 10 per
cent. of the voters in the State who
would oppose the law.
J.C. PARKER.
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