dus ab 40 4A0M 4M 40 4 LUTAUGIJa disa You REPORT OF THE COMMITTEE ON THE JUDICIARY ON STATE'S ATTORNEYS.

(Referred to on Page 85 of the Journal.)

To the Honorable Senate now in session:

SENATE CHAMBER, Oct. 28th, 1865.

The Committee on the Judiciary, to whom was referred so much of the message of his Excellency, Governor Dillingham, as related to "Salaries and Fees of State's attorneys," respectfully report that they have considered the same, and are of the opinion that the belief of his Excellency-That crime, now, is not so thoroughly ferreted out, and the criminal so certainly brought to trial, conviction and punishment, as when these officers were paid "for what they did, and for nothing more "is true; and while we are loth to believe that members of the legal profession would accept an office of the importance of the one named without intending at the time to faithfully perform its duties, the testimony, which comes to us from almost all parts of the State, convinces us that the observations of the Governor are

correct.

་་་

The committee are decidedly of opinion that the present mode of paying State's attorneys is impolitic and unwise. We deem the salaries under the existeng laws to be too small a compensation for the services actually required of them, in the proper discharge of their duties, while to increase them would be but an increase, in most cases, of the evils already complained of; as, judging from the best information we have been able to obtain, we fear that in some counties the persons holding the office, have regarded it more as a sinecure than an office, upon the due administration of the duties of which depend the safety and good order of society.

While we consider crime to have been on the increase for some years past, there has been an actual decrease of the numbers convicted and committed to the State Prison, as the following statistics for the last six years, ending on the first day of September in each year, will show. Number committed for year ending Sept. 1, 1860,

41

1861,

1862,

1863,

1864,

1865,

Whole number in Prison Sept. 1, 1860,

1861,

1862,

1863,

1864,

74

1865,

This lessening of the number of convicted criminals would be highly gratifying did wo regard it as evidence of a decrease of the crimes punishable by confinement in the State Prison; but as stated above, we think the contrary to be true, and that at the present time crime is fast increasing. This no doubt has arisen to some extent from the disbanding of the armies engaged in the late rebellion; for all must admit that about an army cluster the scum of the refuse population of our country, who are expert teachers of scholars too apt to learn the vices incident to a dissolute life spent in the grog-shops, brothels and thieving-dens of our eities.

The letting loose of this class from the camps of the army has scattered them abroad through the land, and no pains should be spared to bring to punishment these men, who compose a considerable portion of the criminals of our country; and the severity of their_sentences, when convicted, should be a lesson to deter others from the commission of like offenses.

To compare the labors of the various State's attorneys, and ascertain with what energy the duties of their offices have been performed, we have obtained what statistics we could in relation to persons convicted, and fines and costs collected in the various counties.

Section fifty one of chapter twelve of the General Statutes requires all damages, fines, costs, bonds and recognizances belonging to the State to be paid to the county clerks of the various counties. There must, as a matter of course, be a great difference between the sums paid in the various counties, depending to a great extent upon the population. We give below a statement, obtained from the Auditor's Report, of moneys thus paid for the year ending Sept. 1, 1865:

$10,862 42

By section sixty-four of the same chapter, the several State's attorneys are required to transmit, annually, by the second Thursday in October, to the Secretary of State, a statement of all persons convicted, for the year ending October 1st, on indictment or information in their respective counties, with the age, nativity, occupation of and crime committed by each person. Regulations for acquiring statistics of this character are of importance enough to demand the attention of the Legislature, and should be strictly complied with; yet we find but seven of the fourteen attorneys have complied with the law. The other counties must be extremely free from crime to have no cases of this character to report. The names of the counties, with the number of persons convicted of felonies, or State Prison offenses, are as follows:

We regard the evils existing to have arisen from the manner of paying the persons holding the office, viz: a salary, which the person obtains without being compelled to perform much duty, instead of fees for what he actually does perform. We think a system combining both principles the preferable one; similar to that adopted by the United States in paying its attorneys. An attorney is required to furnish $7,000 bail, besides making returns and doing some other duties, for which nothing can be properly provided in the bill of fees. For these services, and for taking upon himself the duties of so responsible an office, we think the incumbent should receive a salary in addition to the fees for the main duties of the office. We think the practice of re-electing a person but once to the office, is an injurious one, for considerable time must elapse after one has entered upon the duties of the office before he can profitably perform them.

We are also of opinion that the interests of the State would be promoted by providing for the appointment of an Attorney General, to assist the State's attorneys in the trial of all capital cases, and in the Supreme Court, and to advise and consult with the Governor and State officers, upon matters pertaining to the business of their offices. We find, from the Auditor's Report, that during the past year there has been paid to special attorneys, for services in such cases, including some items of expense, the sum of sixteen hundred and thirty-three dollars. We think that such services would be better performed by one who understood that it was his duty to do so, without being especially appointed, and sometimes at so late a day as to be able to make but a slight preparation. And we are informed by some of the officers of the State, that they have felt the need of such an official frequently. In consideration of the facts herein stated, we present for your consideration the accompanying bill, which, although it may be imperfect, will, we think, remedy many of the imperfections of the present system, and at the same time be more just to the persons holding the office of State's attorney. In our opinion its passage would increase their efficiency, graduate their pay by the services performed, and save a large amount of money to the State.

All of which is respectfully submitted.

CHARLES REED,

RUSSELL S. TAFT, Committee.

+1

LETTER FROM P. P. PITKIN, QUARTERMASTER GENERAL.

(Referred to on Page 169 of the Journal.)

QUARTERMASTER GENERAL'S OFFICE, Montpelier, Vt., Nov. 3, 1865. To Wm. W. Henry, Chairman of Joint Committee in reference to the military property of the United States, now in the custody of this State :

SIR: I have the honor to acknowledge the receipt of your communication of this date, enclosing copy of a resolution providing for a joint committee, consisting of two senators and three representatives, to investigate and report to their respective Houses what, if any, legis laiton is needed concerning the disposition of the military property of the United States, now in the custody and use of this State, or any part thereof, and requesting a statement from me in regard to the same.

The following is a correct copy of a requisition for arms, accoutrements and ordnance stores made by me, and approved by his Excellency, J. Gregory Smith, as Governor of Vermont, and upon which all property belonging to the Ordnance Department which has been received by the State during the year was procured, except that which was furnished by request of the Governor for the defense of the frontier.

COPY.

WASHINGTON, D. C., Dec. 12, 1864. GENERAL-I have the honor to request that you cause to be forwarded to me at Montpelier, Vt., with as little delay as practicable, the following named articles of ordnance and ordnance stores, viz: 3 six gun batteries of light 12 pound Napoleon guns, with accoutre ments and equipments complete, including harness and 720 rounds of spherical case shot, and 72 rounds of canister fixed ammunition for the same: also 1200 sets of cavalry arms and accoutrements and equipments complete, including 1200 Remington carbines, 1200 Colt's revolvers, 1200 cavalry sabres, and 120,000 rounds of carbine ammunition, and 120,000 rounds of revolver ammunition for the same; also 15, 00 Springfield rifles, with accoutrements complete, and 600,000 rounds of ammunition for the same, for the purpose of arming and equip ing the militia of the State of Vermont.

I am, sir, very respecfully, your obedient servant,
P. P. PITKIN, Q. M. General State of Vermont.

TO BRIG. GEN. A. B. DYER,
Chief of Ordnance, U. S. Army.

All of the above named stores, and those furnished by request of the Ex-Governor, Hon. J. Gregory Smith, for the defense of the frontier, with the exception of ammunition, were receipted for by me upon receipts, form 8, as required by paragraphs 1447 and 1448, Revised Army Regulations, of which the following is a correct copy, viz: "I hereby acknowledge to have received of the United States, by the hands of States Army, the following arms and accoutrements, viz:

The whole being equivalent to

of the United

muskets, which are re under the act of

ceived on account of the quota of arms due to the State of April, 1808, for arming the whole body of the militia, and for which I have signed triplicate

receipts." I understand the law referred to in the above receipt to be the only authority by which the Ordnance Department of the United States army can transfer property to a state. The camp equipage received by me from the United States, was loaned to me by the Quarmaster General, upon the authority of the Secratary of War, for the use of the militia of the State, and was so receipted for by me. The invoices now on file in my office also show that that property was delivered to me for that specific purpose.

All of the ordnance stores and other property received by me from the United States during the year, is safely stored in the State Arsenal, except that which has been issued for the use of the militia, in accordance with an act entitled "An act for organizing the militia," approved November 22. 1864.

I regret that the appendix to my report, made to his Excellency, the Governor, on the 1st day of October, in compliance with law, and which contains a detailed account of all public property which has come into my possession or under my control, could not have been printed and distributed at an earlier day for the information of the Legislature. I am satisfied however that Mr. Walton, who is printing the same, is dcing his utmost to complete the work as early as possible. Very respectfully, your obedient servant,

P. P. PITKIN, Q. M. General State of Vermont.

The Committee on Finance, to whom was referred the bill from the House entitled (H. 5) "An act in amendment of section six of chapter eighty-three of the General Statutes, taxing the income of United States bonds, respectfully report:

First, That the committee find no provisions in section six of chapter eighty-three of the General Statutes, authorizing the taxing of the income of United States bonds, as the title of the bill under consideration would seem to indicate.

Second, The bill proposes to amend the first subdivision of said section six of chapter eightythree of the General Statutes, which has already been amended by the law enacted at the October session, 1864, entitled "An act in amendment of section six of chapter eightythree of the General Statutes, entitled grand list,'" approved Nov. 22. 1861.

The bill proceeds to use the precise words of the act of 1864, and without referring to the same, and exempts from taxation, as does the law of 1864, All real and personal estate owned by this State or the United States, and all stocks, bonds and other securities of the United States, held by individuals or corporations, which are specially exempt from taxation by laws of the United States, at the date of the making of the list." The bill then provides : "That this exemption shall not be construed as applying to the income of such bonds, stocks and other securities, but such income, after it shall have been paid by the United States, shall be taxable, and shall be set in the grand list, subject. like other personal property, to a deduction for debts due and owing from the persons listed."

The committee do not discover in what particular the bill changes the existing law, as established by the act approved Nov., 1864, hereinbefore alluded to. And yet the passage of some law at this time. construing the existing law for the listers in the discharge of their duty, may not be entirely useless, as it may tend to introduce a uniform practice throughout the State, in making up the grand list.

The committee believe that after the coupons upon the United States bonds have been paid, and the payee thus reduces the interest in that form to money on hand or personal estate," within the meaning of section four of said chapter eighty-three, or if the avails of said coupous shall have been invested in other securities or property (not specifically exempt from taxation by the laws of the United States,) it is the duty of the listers to set the same in the list, in the same manner as other personal estate. To hold otherwise would be carry ing the exemption too far, and farther than would be justifiable, when we consider that the organic laws of the State demand an equal taxation upon all persons and property, as the gensral principle of taxation. Nor is it believed that the necessities of the General Government require. or ever will require, any other construction than the one here given to the exemption from taxation of the bonds aforesaid. No state can tax these bonds, nor the income thereof, as a class of property subject to any other mode or rate of taxation than as mingled with and a part of the "personal estate" of the owner the income becomes liable to assessment. But it may be doubted whether this bill, in view of the provisions of section six of chapter eighty-three, and the amendments of the act of 1864, does really allow of the construction which the authors of the bill intended.

The committee therefore recommend that the Senate propose to the House to amend the bill, as per accompanying paper, and when so amended are of opinion that the bill ought to pass. CLARK H. CHAPMAN for Committee.

SENATE CHAMBER, Nov. 9, 1865.