The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-10-18

We understand that the Grand Jury have sus-
pended action upon the charges of perjury, illegal
voting, and obstruction Of the polls, which were
brought to their notice yesterdav-upon the ex-
traordinary ground that the crimes and disorders
referred to- having been committed at Charter
or City Capitalization, are not subject to the
operation of the general election-laws of the State
They have been advised, it is said, by Mr. WHIT
NEY, in his official capacity, that they have no
authority as the Grand Inquest of the State to
take cogniZance of such offences. Our faith in
Mr. WHTTNEY's capacity to advise anything, is
certainly not small, but we cannot bring our
selves 10 believe that he has had the audacity to
commit himself to so barefaced an iniquity. Even
if the opinion, which he is said to have given,
had any plausibility or decent pretext of founda-
ton, it would still be his bounden duty, on an
accusation OF deep and aggravated public wrong
and outrage like the present, to let the Grand
Jury find bills against the criminals, and let the
s5fidrtTer; 1aid3ance, the defence Of criminals,
who have made law and decency by-word Of
reproach, and whom it is his duty to bring
to justice, by every stringent Interpretation
of which the statutes may be adiudeed sus-
cephble, would, we think, be an atrocity from
which his courage would shrink, however
strongly his unscrupulousness might suggest
it. We think that even he would hardly dare
with his own visible hand, and in the face of the
community, to raise a barrier directly across the
path of the laws retrbution, and openly convert
the Office which he-holds for the prosecution of
crime, into house of refuge for the most aban-
doned OF lis perpetrators. But the point at which
the Grand Jury said to have halted, under Mr..
WHITNEY's counsels, is one concerning which there
can be no difference of opinion. It is not oues
ton of legal construction, about which LAWYERS
may fairly disagree. 1t invokes nothing but the
ordinary meaning of common language upon
which any citizen, who can read and understand
MS mother tongue, is capable of forming an in
telligent opinion as the united judiciary of the
country. 1t is question lying within the mar
roweSt compass of the most direct and positive e-
gislaton.
The act of 1874, oh, 282, providing for the divi-
sion of the city into twenty wards prescribes in its
third section the mode of electng members of the
City Council, and their qualifications. It then
adds the following language: "And tie said cleo
'fiOns shall be held under, and Be subject to the
'TdVs Of the State and ordinances of the citv rel1t;n0
'to elections" By the necessary Specification and
mere force Of this language, all ''the laws of the
Estate relating TO elections" are thus expressly
made applicable to the elections at which members
of the City Council are chosen OF fthe laws of
1.-THE State relating to elections, the Act of 1909,
CHI 81, in its Goth and 9th sections provides ex.
pressly for the Indictment and punishment of mar
ties voting twice at the same election, and of all
who ha for
interrupt or hinder any election, or attempt to do
So sect. b OF the same, confers upon the JUDGES
OF Election the rights and imposes on them the
obligations OF Justices and conservators of the
peace, with express power to commit offenders for
any breach of the peace. The Act of 1919. cb
IA empowers the Judges of Election to admins
ter oaths touching he right of any person offer
Sing to vote" and makes false-swearing in sncb
cases perjury, subject to the pains and penalties
prescribed by law therefor. These two acts there
fore of 1909, ch 81, and 1919, oh. ia. BEING
claws of the State when the Act of 1914 cb
2S2, was passed, all elections for City Councilman
among us stand subject thereto to the same intents
and purposes as if their enactments were coned
literally into the Act of 1914, and the Grand Ipr,
have no alternative but to carry out their nrovi-
IN W tlie MUNICIPAL Election oil
Wednesday last, if they set any value whatever
on their oaths
But this Is not all. The Act of 1874 oh. 400
entitled IAN Act to Prevent Illegal Voting.n ex-
pressly provides, in the most absolute terms for
the indictment and punishment of all persons lin
tang Of the counties Of the State, or in the CHM of
"Baltimore' y offering to vote without proper Gift
zenship and residence, and all persons "acho man
thereafter cote at any election in this State without
possessing the qualifications of age and of resi-
''dence.' Added to these enactments, is the Act
of 1853, oh. 1873, to which we alluded Yesterday
and the ample provisions of which. COVERING ali
cases of voting illegally, in ''any election district
COR ward of the city of Baltimore" place tho |
stringency of the legislation, which the Grand
Jury are sworn to execute, upon the broadest basis
that our need and their duty can require. In the
face of such enactments, Mr.. WHITNEY NAV give |
what counsel he pleases, but there is no law re-
quiring the Grand Jury to stultify themselves. at
his bidding, and they may rest assured that pub
lie opinion will hold them, as their oaths oblipe
them, to enforce the laws as they are patent on
the statute-book--the STATES ATTORNEY and all
others in authority to the contrary notwith-
,to ndpr