The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1908-10-09
ATTORNEY GENERAL s
BIENNIAL REPORT
Various Reforms Recommended
by Mr.. Fits.
CHANGES IN THE LIQUOR LAW.
Proposed Extension OF Jurisdiction Of
the Municipal Courts Throughout
tho State oaicers' Fees and Care
of Insane Mentioned.

Clarke q. Fits OF this town was presented
10 the legislature when u convened ~
MONTPELIER Wednesday. Every case. ~
which the attomeygeneral has pafticipat
al. In which the state Of Vermont has
been a PARTY, within the period covered,
Is reported Ia detail, including the prose.
BUTTONS arising out OF the diseased bel
scandal. The report declares, however
! that publication of such opinions gwen
TO state officers by the Encouragement
as are Of public interest would be oil more
value TO the general assembly than a de-
| tailed report of the cases, which u re
guired hy law 60 he printed in the report.
In regard 10 the disposition OF minor
| criminal cases the report says; The m
creased number OF criminal causes de-
mands attention TO the prime considera'
| ton in the administration Of penal laws
that j., that punishment for crime he
speedy aud certain. The supreme court
| has held that under the constitution OF
/ Vermont every respondent is entitled 20
| trial by a inry Of twelve. BY provision
OF the law all inrics Of city and municipal
courts consist OF six only. II follows that
there must be given the right OF appeal TO
every respondent. County court sits but
twice a year and there is consequent de-
lay. in most instances several months be-
petty character can be forced 10 final de-
termination. II is difficult TO hold wit
nesses and keep in hand the evidence IN
eases Of minor offences. In some lurisdc'
tions il is quite the general custom TO APP
peal n large portion of the causes tired ~
the municipal court. ] recommend that
law be passed providing for jury OF
twelve in all criminal causes in municipal
and city courts, and that the determine
ton of all questions OF fact IN prosecu'
tons where the extreme punishment can,
not exceed three years imprisonment shall
be concluded in such court, giving iull
right TO exceptions To supreme court on
questions OF law, as now gwen. ! further
recommend that the territorial jurisdiction
Of the city and municipal courts he ex'
tended so that in each county where there
i such court substantially the whole
county be included II is found that these
courts enable the states attorneys TO dis
pose of large proportion of prosecutions
where the respondent is ready to plead
guilty. The extension OF territorial jurls-
diction suggested is particularly TO be de-
sired for that reason. But in addition the
effect would be. | am sure, TO expedite
the final disposition of petty causes from
the small towns wherS delay Is almost
certain to work TO the benefit OF the re-
spondent and consequent harm TO the
community"
As to detective service and search the
report says: "There is no adequate pro
vision in the law for the search of crimi
mails. Under section 3i03 Public Stat
utes, the states attorney may apply TO
the governor for leave to employ detec-
tive The contemplation of that law is
not to provide for search for a criminal
whose identity is known. Section 3iO2
authorizes the states attorney to incur
an expense not exceeding twenty-five dol
lars in the search and pursuit OF crimi-
mails Within my term OF service 1t has,
in number of cases. been necessary to
resort to the statute for detective service
to procure means for pursuit Of a known
criminal II is not desirable that such
practice further continue. | urge the
enactment OF law authorizing the attor-
neygeneral to employ such persons as he
may choose, and without limit of expense,
in the pursuit and search Tor persons
charged with crime"
Although not required to do so, Atror-
ney.General Fits has procured from the
sheriffs monthly reports as to the number
of commitments and as TO the amount OF
work done and the money earned by the
prisoners in jail. In some counties the
prisoners have been employed a greater !
part of the time In others there has |
been no suitable work for them. Mr.. |
Fits says in his report: Il believe there |
should be a more elastic arrangement for |
the confinement and employment of the |
prisoners in Jail and the house of correc- |
ton | recommend that the law be |
amended to the end that commitments for
ment as imposed does not exceed one
years IMPRISONMENT, be made to the
county Jail and that the governor be au-
thorized at his discretion to transfer SEN
fenced prisoners from the jail Of one coun-
tv to the Jail of another or to the house
Of correction. This would reduce the cost
of commitment and would enable proper
balance to be maintained at all times be-
tween the jails and the house of .correc.
ion and between the different iails and
This would result in the prisoners being
inalv committed to the place where work
or them could be found"
Section 1926 of the Public Statutes pro-
,ides that any supreme court cause pend
ne in the counties of Addison. Benning-
on, and Rutland shall, if desired by
,ither party, be heard at the special term
1t Rutland, and pending in the counties
If Windsor and Windham at the special
erm at Brattleboro, and pending in the
counties of Caledonia, Orleans and Essex
It the special term at st. Johnsbury The
eport says: "Since these terms sit only
nee year it results that the respondent
n a criminal cause in any of the counties
bove named may, on his own motion, de
ay the hearing until the special term.
that the section cited be
mended so that it shall apply only to
ivil causes"
The report says relative to officers fees:
The recommendations made above rela-
i've to commitments to Jail for minor Of '
ences and to the authority of the attor- !
ey-general in the employment of officers
or search and pursuit of criminals will,
adopted, cover in large part such evils
$ have been found to exist in the matter {
f officers fees. It should be said in fair &
ess that the officers in the state have |
cen found, for the most part, to be eff /
cient, faithful. and brave. Instances are e
0 the public, where officers have risked
heir lives in performing their official du.
les. when the compensation for their
'ork was small. 1t sometimes occurs that
ifferent officers make commitments from
he same town or city to the same insti- e
ntion on the same day l suggest a law d
nat in case of two or more commitments
rom the same town or city on the same 7
ay to the same institution it be required G
nat the mittimusses in all cases be given !,
, the same officer, the committing officer ,
, be designated by the states attorney Il
the county if he is within reach. other s
Use by the officer prosecuting the first l.
lse In number of the towns and S
ties the practice has grown up of having Q
he town grand Juror prosecute for minor II
fences, although the states attorney is e
lsily procurable. The states attorney re-
lives no fee. The town or city grand a