The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1910-09-29
AUDITORS REPORT
III. F. Graham Advocates the
Adjustment of Justice
Courts
TO PAY MEAD'S CLAIM
Appropriation Of the Department Of
Justice for the Fiscal Year Was In
sufficient the Shortage Amounting
to Over accommodation
Made.


Made.
State Auditor H. r. Graham
in his annual report urges the pres
ent system now obtaining in some
places. whereby criminal cases may
be tried before justices of the peace
or city or municipal courts, accord
ing to the wish of the prosecuting
officer, be done away with and that
but one court be maintained.
The appropriation for the admin
istration of justice for the fiscal year
1909 proved insufficient and rather
than hold up bills falling under the
appropriation until the session of
1910. an arrangement was made by
John G. Sargent, and Horace F. Ora
ham, with John A. Mead of Rutland
to advance the necessary funds to
meet these bills amounting to $685.
445.S3. These bills have been exam
ined and found correct and an appro-
priation should be made at an early
day to pay the claimants assignee,
John A. Mead
In certain minor offenses such as
petty larceny, breach of the peace
and tramping, the costs of prosecu-
ton including the cost of commitment
are now paid by the towns, unless the
respondent takes an appeal and enters
the same in court within 81 days
While in the paid cases the towns
have the fines and costs. In all Of
lenses under the liquor law, the State
pays the cost and has the fines and
costs in paid cases. This difference
in regard to liquor offenses is a relic
of the old prohibitory law. Originally
all these minor offenses we're looked
after by the towns, but it was thought
that the prosecuting officer did not
prosecute liquor cases sufficiently,
because the towns were compelled to
pay the costs, so this class of offens-
es was singled out and the expense
of their prosecution put upon the
State. To reduce the cost of the ad-
ADMINISTRATION of Justice, all these mi
or offenses should be taken care of
by the towns, unless the respondent
takes an appeal and duly enters the
same in court
1t has been the custom of the audi
tor of accounts to make such recon-
mendations as his experience in the
conduct of his office seemed to justi-
fly. ! therefore submit the following
recommendations:
l. 1t would seem to be good bust
ness policy to place all of the insur-
ance upon State property in one set
of policies, and SO perhaps secure a
lower rate and a more uniform valu-
alton.
g. Some method for purchasing
fuel for the State House. court hous-
es, jails, and State institutions should
be adopted, and ! again refer to my
suggestion of two and four years ago.
s. 1t might be we'll to return to
some officer of State the valuation Of
all the State property, at least once
each year. and this should be made
a part of some report that the peo-
pie may know the amount invested in
carrying on the business of the State.
4. Appropriations, in many cases,
now take effect at passage, and they
should in general appropriations be
made to take effect at the beginning
of the fiscal year after passage or
be apportioned to the balance of the
fiscal year, in which they are made
and the subsequent fiscal year. If
this is done it will be possible to
make accurate comparisons of the
expenses of the departments or insti-
buttons they affect from year to year
5. Some legislation should be en-
acted whereby all criminal causes
arising within the territorial juris-
diction of city and municipal courts
should be brought in these courts.
6. States Attorneys should as far
as possible attend to the prosecution
of criminal offenses in city and NUM-
cipal courts and justice courts in the
town where they reside and no fee
should be paid to any prosecuting Of
ficer before these courts, except upon
the certificate of the States Attorney
that he was unable to attend the
prosecution by reason of other State
business
z. At the session of 1908, the char
ters of the cities of Burlington and
Rutland were so amended as to re-
store the old double fee system in
these city courts. This matter should
receive the attention of the Legisla-
ture. aus now respondent prosecuted
in either of these courts must pay
double the court fee paid by re-
spondent prosecuted in any other city
or municipal court or before justice
of the peace.
8. 1t may be worth while to con
slider the question of the appointment
in some manner of trial justices fol
the trial of criminal causes in those
towns without the territorial jurisdic'
ton of city and municipal courts
This could be done by designating, II
some manner, some one or more o.
the duly elected justices as trial JUS
tees of criminal causes. Other justic
es of the peace should have authori
ty to sing complaints returnable be
fore trial justices.
In closing I append a table show
ing the business of the county courts
for the years 1907, 1908, and 1909
This table covers the business o.
these courts for six consecutive
terms, and to my mind fairly shows