The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1910-10-03
ECONOMY IN COURTS
State Auditor Graham Makes Recon-
mendations


mendations
Montpelier, Sept 30.-Auditor Ora
ham in his annual report urges the
present system now obtaining ina
some places, whereby criminal cases
may be tried before justices of the
peace or city or municipal courts ac-
cording to the wish of the prosecuting
officer, be done away with and that
but one court be maintained.
The appropriation for the admins
tration OF justice for the fiscal year
1909 proved insufficient and rather
than hold up bills falling under this
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.
1853. 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 Mead.
In certain minor offenses such as
petty larceny, breach of the peace,
and tramplng, the costs Of prosecu-
ton including the cost OF commit
ment are now paid by the towns I'M
less 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 offenses under the liquor law the
state pays the cost and has the fines
and costs in paid cases. This differ
ence in regard to liquor offenses is
relic of the old prohibitory law. Or
iginally all these minor offenses were
looked after by the towns but II was
thought that the prosecuting officer
did not prosecute liquor cases suffic-
iently, because the towns were COM
PEELED to pay the costs so this class
of offenses was singled out and the
expense of their prosecution put upon
the state. To reduce the cost of the
administration of justice all these mi
nor offenses should be taken care Of
by the towns, unless the respondent
takes an appeal and duly enters the
same in court.
It has been the custom OF the aud
itor of accounts to make such recon-
mendations as his experience in the
conduct of his Office seemed to justi-
fy. I therefore submit the following
recommendations
Ii would seem to be good busl-
ness policy to place all OF the insur-
ance upon state property In on eset
OF policies and so perhaps secure a
lower rate and more uniform valu.
alton.
II Some method for purchasing fu.
ell for the State House, court houses,
jails and state Institutions should be
adopted. and again refer to my sug.
gestion Of two and four years ago.
III 1t might be well 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 people
may know the amount invested In
carrying on the business of the state
" Appropriation 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 fis
cal year, in which they are made ant
the subsequent fiscal year II this
Is done It will be possible to max,
accurate comparisons OF the expen
SEES OF the departments or lnstitut
ions they affect from year to year.
V Some legislation should be en-
acted whereby all criminal causel
arising within the territorial iurlsdlc
ton of city and municipal court
should be brought In these courts.
VI States attorneys should as IA
as possible attend to the prosecution
OF criminal offenses In city and nun
icipal courts and justice courts in tn
town where they reside and no fe
should be paid to any prosecuting OF
ficer before these courts, except NJ
on the certificate OF the states attol
ney that he was unable to attend IN
prosecution by reason OF other stat
business.
VII AT the session Of 1908 IN
charters Of the cities OF Burlingto
and Rutland were so amended as
restore the old double fee system
these city courts. This matte
! should receive the attention OF IN
legislature as now respondent pro
ecuted In either OF these courts mul
pay double the court fee paid by
respondent prosecuted In any 9th,
city, or municipal court or before
| justice OF the peace.
III VIII II may be worth while to CO
| slider the question OF the appointmel
i In some manner Of trial justices I,
the trial OF criminal causes In thol
towns without tl.f territorial iurisdl
ton OF city and municipal court
! This could be done by designating
some manner, some one or more
the duly elected justices as trial u
lices Of criminal causes other !,
tees Of the peace should have aul
ority to sign complaints returnat
before trial justices.
| In. closing append a table showi
the business OF the county courts
the years 1907. 1908 and 1909. m
table covers the business OF the
courts for six consecutive terms a
! 20 my mind fairly shows tho busln,