Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1873-03-07
GENrLEMEs or THE GRAND jury

F. G. sERVIS.
GENTLEMEN OF THE GRAND jury:
The laws of this country as well as its GUS
tom unite in making it my duty to submit to
you for your consideration some remarks in
reference to the business AMI your duties as
the Grand Inquest of this county before you
retire to consider the same.
The responsibilities OF those whose duty it
is to administer the criminal law are by no
means few and unimportant. The founders
and makers of our land and its institu-
tons have very wisely imposed upon courts
and jures these responsibilities, which are
well defined and can be clearly understood,
and failure to rigidly and tearlessly execute
these responsibilities would not only be an
Impeachment of our integrity but reproach
to the law we are sworn to execute.
A portion Of these duties appropriately de-
volve upon the Court; a portion upon the
Grand Jury. BY observing the distinction
and devotlng ourselves each to our appropri-
ate duties we shall avoid confusion, be less
likely to commit errors and thus facilitate the
transaction of the business we may have be-
fore us.
Those who shall trouble themselves with
but light investigation will find that where
a wise system of criminal law is established,
appropriate means provided'for its execution
and the laws faithfully and impartially adj
ministerial there exists the greatest sense Of
personal security, the best title to property,
and the most desirable state OF society.
70 secure these desirable results, the Leg
isIature Of the Territory, in the exercise of
its delegated power. has wisely declared that
certain well defined acts. when inspired by
certain well asccrtained motives, are crimi-
nal, and should be punished as such.
It will readily be seen by an examination
of the law, that while the Legislature has
been careful to define crime and inflict for its
commission reasonable and deserved punish
ment, it has, at the same time, been 50 jeal-
Gus OF the rights Of the citizen as to require
twelve of his peers to report him guilty be-
fore the Court, and twelve of his equals be-
fore the law to solemnly find that be is III
fact guilty as thus reported.
The efficiency OF these criminal laws, 50
humane as they are, must depend on the
faithfulness with which they are executed
and the certainty, thus secured. that the PEN
alties provided will be inflicted upon the
transgressor.
With such system of criminal proceed
ings, / think it may be safely predicted that
not until our courts become weak, tinid and
dishonest and our juries corrupt; not until
the foundations of justice are polluted, shall
we witness the results OF rotten judicial
system, or the existence of self constituted
and irresponsible pretended vigilance COM
mittees, trying or not trying, condemning
and executing the. citizen without form or
authority OF law, but in notorious violation
of both, which, am credIbly informed, has
recently been the case in this couEty. La
mentable as it is, or as it yet may be, your
failure to indict the perpetrators thereof if
the evidence before you shall so warrant--or
the failure Of the Court to iearlessly and rig
idly perform its daty in the premises, would
not only be total violation OF our oaths, OF
the rights the citizens and the well-being
of our country. but a rcproach to civliza-
ton, and would, and should, render us amen
able to the criminal law for wantcn derelic-
ton of oath bound duty.
| What give you in charge, gentlemen, is
not with any desire to supererogate to myseli
the prerogative OF judicial power, but because
BY the criminal laws of this Territory it is
provided that (D shall give you in charge
such information as to the nature Of your
duties and Of any charge for public offences
returned 70, or likely to come before you as
the grand inquest of this county.
/ am also required by law to specifically
and particularly call your attention to GER
tain specified criminal enactments OF this
Territory. This duty will be. perhaps, bet
ter performed by directing your attention to
them by their title or section, furnishing you
with them and asking for them your careful
perusal and candid consideration.
The statutes to which refer are:
/. IN Act relasire to carrying or using
deadly socapons, which makes it unlawful toI
anv person, in the presence of one or more
persons, to draw or exhibit in u rude, angry
or threatening manner, any deadly weapon
not in necessary selfdefence. or to unlawful
" use the same in any fight or quarrel-see
PAGE 27g, see. go. 10 this I direct your spe-
cial attention.
.. An Act relative to the circulation Of Ger.
tain paper as and for money, which makes il
unlawful for any person. association or incol
poration not authorized by the Congress q
the United States, to make, uses or put IN cir
cuiation any bill, check, ticket, certificate.
promissory note or the paper of any bank te
circulate as money--see page Ill, sec. ISL
70 this act Edirect your attention.
An Act relating to the safe Of i,atorica-
tiuo li4uers to Indians, which makes it u1-
lawful aud q felony for any person, directly
or indirectly, to sell, barter or give intoxica-
ting liquors, whether fermented, vinous or
spirituous or any dceucfion or composition
Of which any such is a part, to any Indian or
half-breed Indian within this Territory see
page 303, sec. l45. 10 thfsssAt Iaalso direct
your attention.