Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1870-10-25
Has the State of Wisconsin the Power
to Abolish its own Grand
jury system.

Jury system.
The people of the State of Wiscon-
sin are called upon, by resolution of
the Legislature adopted 10 1869, and |
ratified to the Legislature Of 1870, to |
vote on an amenAm ent to the consti- |
tuition OF the State which proposes to
abolish the Grand Jury system; that
is, if the proposed amendment be
adopted by the votes Of the people
at the coming election, then, there
after, we all will have no need Of
grand juries to attend upon our
Courts; but, instead thereof, all Grim
nails will be arraigned on an indict-
ment drawn up by the district at
torney or any other lawyer, upon the
affidavit Of the complainant.
This is the sum total Of the change
looked to by the proposed amend
ment; aud tho arguments used by its
advocates are 1t. That the grand
jury system is cumbrOus and expen-
sive; that it requ res too many men
to perform a work that might be
done with very few. ID. That In
vestigations made by grand juries,
and the evidence lcard by them. are
erPdrte Con one SIDE only.) and that
the accused is not permitted to
make any Goferce until arrested and
brought into court. These are the
only objections urged against the
grand jury system, and for these
reasons alone, the Legislature has
thought proper tc change the fanda-
mental law Of the State.
If the constitAtion be amended
and the grand jury system abolished,
there will remain but one method
whereby a criminal can be arraigned
before court Of justice for trial,
whe therthe offence be a capital
one and would imprison the offender
for life, or wheatber for assault on
the street or any other small offence;
and that method would be, the
aflidayid Of one man before another
Surley this woulG not be cumbrous
or expensive 1t has seemingly APP
peared to the legislature that the
life and liberty OF man are of SO lit
tie Importance that il is unnecessary
for fifteen men to spend their time
and hear all the evidence that can be
produced, and .weivc of them agree
that the accused IS guilty, before he
can be arraigncd but that it is sulli-
Gent if one man swear and none
hinder
The clause III the constitution of
the State which it is proposed to
amend, reads as follows: "No per-
son shall be hold to answer for a
criminal offense unless on present.
ment or indictment ola grand jury "
The fifth amonlment to The constitu-
ton Of the United States reads, also:
ono person shallbe held to answer
for capital o, otherwise infamous
crime, unless on presentment or in
dictmont Of grand jury"
1t is proposed now TO strike out
the grand jury from the State cons
titution, and we ask, what will, or
what can the legislature or the peo-
pie do with, or how can they get rid
of the provision in the constitution
ofthe United States? They can erase
it from the constitution Of the State
Of Wisconsin by their votes, but the
grand jury system will be as binding
upon them aft3rward, by the consti-
tuition Of tho United States, as
though they had not stricken it out
for the constitution of the United
States expressly declares, Art G
This constitution, and the laws o.
the United States made in pursuance
| thereof, snail DO tho supreme law Of
the land, any thingin the constitution
or law OF any State to tho contrary
Notwithstanding
1t is very certain that q scheme
underies this unwarranted and IN
called for proposed amendment to
the constitution, and it is hoped the
people will say To the legislature by
their votes this fall, that eve have
amended our constitution several
times without much reflection, but
on this question 8e will vote FOE
| THE GRAND JURY SYSTEM
and against chfnging the consttu-
ton. DodgeU|ie Chronicle.