Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1906-09-21
Mr.. FITTS'S REPORT
Some Timely Recommendations
to the Legislature
Attorney General Has Given 232 Opinions
to State oHoers-ls Striving for Uni
form Procedure In Criminal Cases.

+ . M
opening paragraphs Mr.. Fits says: 1.-The
law requires the attorney general to adj
wise all state officers on questions of law
relating to their official business. and to
furnish written opinion when requested.
There have been many such requests
and I have furnished opinions on 232
different questions submitted by various
state officers"
The report reviews the work of inves-
tigating the state Institutions compli
ments the state attorneys and others for
their willing and efficient work and says:
THE time spent by me in the investi
cations, including the preparatory work,
taking dispositions. and hearings before
the commission, has amounted to so
days"
Referring to the secret and discrimin-
ating freight rate which the report of
the commission says appears to have eX-
listed several years, in violation of Sec
lions 1901 and 1902, Vermont statutes,
Mr.. Fits says: 1T will be noted that
there is no penalty provided for the vio-
lation of either of the statutes above
cited. The only remedy is in behalf of
the party aggrieved by way of a civil
suit. / recommend and urge that
statute be passed imposing a severe pen
atty for the violation of the provisions of
either Of said sections Of the law"
After mentioning briefly each of the
criminal cases in the trial or disposition
| ticipated. the report says: ut has de-
veloped in the investigation OF the house
| of correction that there is lack of uni
| formity among the justice and municipal
courts about the state in the manner OF
| handling prosecutions FOR misdemeanors
1t appears that in some courts there is
a custom Of doubling prosecutions: For
| instance prosecuting the respondent both
| for intoxication and breach of the peace
| when the testimony to support each
| charge is identical. This results in
| doubling the fees of the officers, and as
| a result offenders receive double the pun
ishment in some places in the state for
| the same offence that they do in other
| places. ! recommend that such double
| prosecution be prohibited by law; that
| there shall be no conviction for INSIDE
meanor when the respondent has already
| been convicted for an offence grounded
upon the same facts"
AS to costs Of commitment the report
| says: THE law now provides in the tax
alton of costs against a respondent who
| is committed to the house of correction
in default OF payment of fine, the taxa
i ton Of costs not to exceed S12. For in
| stance, one convicted of breach of the
| peace in Rutland and fined so and costs
and committed in default of payment
has to work out at the house OF correction
an alternative sentence to pay a COM
| mitment fee of Sc cents. II the same Of
l.
| same penalty is imposed the respondent
in the case OF commitment to the house
| OF correction, must work out on the al
Tentative sentence a commitment fee of
| $12.56. AS a result, the penalty for the
same offence is nearly twice as much in
case of commitment to the house of cor
rection II the offence is committed in St
Adams than II committed in Rutland.
This is unjust. 1 recommend that the
statute fix the taxation commitment at
level rate applicable to all parts OF the
state"
The law provides that where an officer
detains a prisoner the required "a hours
before commitment he shall receive 10
cents an hour and % cents for each meal
furnished. which fees are added to the
cost OF commitment. Mr. Fits says:
Where there Is a Jail or lock-up for
detention the 10 cents per hour is without
reason. 1 suggest that the statute be
so amended that the allowance per hour
shall apply only in cases where there is
not accessible any suitable Jail or lock-u
for holding the prisoner"
The statutory definition of petit lar
ceny In Vermont is stealing of money
or property OF not exceeding 81 in value"
and the jurisdiction of justices of the
peace in cases Of larceny is limited to
petit larceny. Mr.. Fits recommends
that the definition OF petit larceny be
made $25, with an increase of the max
|
| ment.
Under the heading Express Business
in Intoxicating Liquor" the report says:
AT several points along the border of the
state there has grown up a business
OF shipping intoxicating liquor into the
state by express companies chartered, 1t
would SEEM solely for the purpose of
! delivering liquor in Vermont although
they hold themselves out to do general
express business. 1t is difficult under the
present statute to handle these cases,
and l shall ask leave to submit to the
proper committees of the general as
sembly an amendment to the law calcu-
lated to deal particularly with this ques-
ton"
Relative to bucket shops the attorney
! general recommends particularly that the
definition Of corporation" as 1t occurs
} in section 512S, Vermont statutes, be
| fixed so as to include all concerns acting
; under the name OF company" and that
: the state be not required to show in pros
: ecutions under that section that the cor
! poratlon Is chartered or is doing business
but that the fact that the concern in
r question operates under the name OF
, company" Corporation or "associa-
J ton" shall be prima facie evidence that
! 1t is a corporation within the meaning
: of the statute. Mr.. Fits says: IT sug.
gest a further amendment to the law L
} the effect that the fact that eommoditie.
: utes, were not in fact received and paiC
! for or delivered by the party buying OIL
5 selling shall be prima facie evidence thai
t there was no intention OF receiving OF
paying for or delivering the property.
: further recommend that the court o.
, chancery be empowered to close by in
junction any establishment or place IL
. which it shall be made to appear to the
satisfaction OF the court that the Law
relating to stock gambling is being VIC
lated. ] shall be glad TO submit to th'
proper committees of the general as
sembly a bill embodying these sugges
TONS"
In regard to the maintenance of insan,
the report says: 1T has come to my at
tention that there are at times in tn,
hospital for the insane at Waterbury anC
in the Brattleboro Retreat insane per
sons being supported at the expense o
the state who have since their commit
ment acquired property either by in
heritance or gift 1t seems by law ii 4
not made the duty of any officer to lool
after the interests of the state in thi
matter. In conjunction with the super
intendent OF the insane have been in
vestigating several cases which have beef
called to my attention In one case
woman who had been a patient at Water
bury IA years, supported by the state
deceased last winter, leaving an estat
of more than $4,000, and made CLAIM
against her estate and secured a settle
NIT he Of