Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-06-11
FROM THE
ATTORNEY GENERAL
To the Editor of the Free Press:

the purposes for which money has beer
used for detective service" and the re
suits obtained, 1t seems proper that tn,
people of the State understand just wha
is covered by the term detective ser
vice" under the present law of the State
In various newspapers of the State thi.
| matter has been served UP to the public
| under such attractive headings as 9TH,
state Scandal" state Pays Undertaken
Civil Engineer and Photographer" "On,
Agency Gets s24,451-1fome Grown De-
tectives $500 to $1,000 Apiece" "womer
Sleuths Also Used" Attorney Genera
| and Sleuth Money"
From the manner in which this subject
has been treated In some Of the articles
referred to, It might well be assumed
that the writer's knowledge of "detec.
tive service" had been obtained solely
from perusal of the detective stories
written by "Old Sleuth" which for sew.
eral years have been published in certain
so-caled STORY papers," and circulated
broadcast over the country in the form
| of yellow covered literature
Prior to 1908 the sole provisions for the
use of detective service" in this State
were embodied in sections 34o2 -34O3 and
24o4 of the Public Statutes.
Under the provisions CT section 340o wher
a felony has been committed by person
or persons unknown, the states attorney
Is authorized to direct a sheriff or con-
stable to search for and pursue such
criminal or criminals and for that pur-
pose sum not exceeding twenty-five
dollars In any one case may be used.
When one thinks seriously for a mo-
ment of the difficulty in many cases In
securing the arrest of murderer, a rape
fiend. or even common thief the abeo-
Lutte inadequacy of this provision is ap-
parent
Under the other sections noted, appli-
cation may be made to the governor for
detective service and If granted the
governor must fix the maximum amount
of expense authorized in particular
case. That this provision is inadequate
is apparent because, If for no other rea-
son, when a serious offense has been
committed and the identity of the GRIM
tnal and his whereabouts are unknown,
no one can foretell the necessary expense
of n proper and efficient investigation.
If crime is to he commercalized and the
proper investigation thereof Is to depend
solely upon the cost. It may he said that
this provision Is sufficient It would not
seem good judgment however TO start
the Investigation Of a homicide or other
serious criminal offense and spend a good
ly sum in such investigation and then for
want of funds be obliged to abandon such
investigation when perhaps the expendi-
ture of an additional sum might result
in a successful prosecution.
In 1904 the Legislature created the Of
fee of attorney general and elected to
that office Hon. Clarke c. Fits of Brat
teboro Mr.. Fits held the office from
December /, 1904. to December |, 1905, and
performed its duties in most efficient
manner and to the entire, satisfaction Of
the people His experience in the office
convinced Mr.. Fits that detective ser
vice" was absolutely necessary to an eff
dcient administration of the criminal law
and also that the provisions of the law
for furnishing such service were entirely
Inadequate.
Mr.. Fits also seems to have recog-
nized the fact that crime is on the in
crease. In his report to the general as
''.lpiS III l''N' lie says
The increased number OF criminal
'auses demands attention to the prime
consideration in the administration of
penal laws, that is, that punishment for
crime be speedy and certain"
This language was used by Mr. Fits in
connection with his recommendation re-
garding the jurisdiction of municipal
courts In this same report under the
head of Detective Service and Search"
Mr. Fits said:
There is no adequate provision in the
law for the search for criminals. Under
section 1908 public statutes, the States
attorney may apply to the governor for
leave to employ a detective The con-
temptation Of that law is not to provide
for search for criminal whose identity
is known. Section 34o2 authorizes the
states attorney to incur an expense not
exceeding twenty-five dollars in the search
and pursuit of criminals. Within my term
of service. 1t has, In a number Of cases,
been necessary to resort to the statute
for detective service to procure means
for pursuit of known criminal. 1t Is
not desirable that such practice further
I urge the enactment of law
authorizing the attorney general to en-
ploy such persons as he may choose and
without limit of expense In the pursuit
and search for persons charged with
crime
1t seems that it may fairly be inferred
that Mr., Fits intended to convey the
dea that it was necessary to use more
money for detective service" than he had
oeen able to use during his term of Of
Ice and that he meant to urge upon the
Legislature of 1908 the advisa bility OF |
the attorney general to use |
'uch sum as seemed necessary to a prop
n and efficient enforcement of the Grim |
nal law.
In compliance with the recommended |
ion of Mr.. Fits, the Legislature Of 1903 |
passed No. 10 of the acts of that ses- ,
hon which was approved January ~, 1909, |
md took effect from its passage. That
lot provides as follows
Section !. The Acknowledgement NAV
when in his Judgment the public good
equlres it, employ such persons as he
nay choose to search for and pursue, or
ecure evidence against persons supposed
o have committed crime within this
state.
Section >, The auditor of accounts
hall draw his order in payment for the
ervices and expenses of persons employ
d by the Encouragement under the pre-
eding section, which account shall be
rst approved by the uttorney-general."
Thus 1t appears that prior to January
8, 1909, the attorney-ge general had no au-
hority to employ what is now referred