Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1879-03-21
JUDGE B0wIE's CHARGE TO THE
GRAND JURY.
Gentlemen of the Grand Jury !.

brief explanation OF vour powers and du'ies,
with such suggestions as ! think necessary
to aid and expedite yol in the discharge oil
your high and responsible functions.
Your official oath implies that reciprocal
obligation rests upon the Court and the Grand
Jury in the exercise of its criminal jnrisdc'
ton The Court are required TO charge, and
the Jury ''to diligently inquire and true pre-
sentiment make of such matters as are given
them in charge" II is not, therefore, an act
OF mere caprice or volition which we perform,
however superhuous it may seem, buta legal
duty, as we conceive, when we call your at
tention 10 such subjects us seem TO us most
essential TO be investigated The powers OF
| the Grand Inquest are not, however, confined
to those subjects suggested by the charge. The
law extends their inquiries to all such matters
| as come within their own knowledge.
LISA mooted question among jurists whether
the Grand Inquest should originate inquiries
no expressly committed TO their charge, or not
commenced by information before magistrates,
lest by so doiag they subject innocent persons
TO unnecessary prosecution, deprive them Of
| the advantage Of preliminary examination and
protection against malicious accusers, and sub
| ject the State 10 the multiplication OF costs
| The better opinion ia that, Ia ordinary cases,
the inquiry should be restrained to the usual
channels OF Uncomfortable constables, the
witnesses recognized to appear before you and
such as are summoned and sworn by order oil
the Court and the States Attorney. Yet, il
| Grand Jurors possess personal knowledge oil
any violation OF law amounting to an offence
against the State, it is his dnty TO communi-
cate such knowledge to his fellow jurors and
| become a witness for the State.
Your deliberations and Investigations are
required to be secret, TO secure the utmost
| freedom of examination on the part Of the
| jury and freedom Of disclosure on the part OF
the informers to prevent the escape of the ac-
cused and to prevent the testimony before yon
from being coniradicied on trial before the
traverse jury, by combination or subordina-
| tion OF perjury. On the other hand, 10 in
sure fair trial "every man hath right to be
informed of the accusation against him
to have copy of the indictment or charge in
due time to prepare for his defence; 10 be al
| lowed counsel TO be confronted with the
witnesses against him to have process for his
| witnesses 10 examine the witnesses for and
| against him on cath, and 10 q speedy trial by
an impartial jury"
Il is difficult to reconcile entirely the con-
flicting interest of the State and the accused :.
Both are committed to the care Of a body OF
the most discreet intelligent and impartial men
OF the county, and human wisdom can devise
no greater protection il their power is can
tiously and conscientiously exeried. The mat
tiers which whether given in charge, or of their
own knowledge, are to be presented by the
Grand Jury are all offences within the county.
To Grad Jurles is committed the preservation
OF the peace of the county, the care of bringing
to light for examination, trial and punish
ment, all violence outrage, indecency and
terror-every thing that may occasion danger,
disturbance Or-dismay TO the citizens. But
these inqnisitorial powers. il would seem, are
to be exercised only on subjects which are
given in charge or rest in the personal kuowl-
edge of jurors. Good order, safety, peace,
are The chief subjects and great ends Of all
our civil and criminal institutions The pres
ervation of the peace of the county is primarily
committed to the care Of Justices Of the Peace,
Cousables and Sherfrs by the common law.
These officers are e1 o0cio conservators OF the
peace within their respective districts and
counties, and although civil jurisdiction has
been conferred upon the former, in case OF
small debts and trespasses, still they are in
vested with ample powers TO arrest, inquire
and commit for further hearing all persons
charged upon oath with violations of the pub
lie peace, or disturbing the quiet and good
order of society in their view. In coniempla-
lion of law constant watch and ward is kept
by those officers over the safety of the per-
sons, property, and peace Of the people. They
are authorized and sworn to suppress all
breaches Of the peace, ARRAYS, riots and dis
orders occurring within their view in their
respective districts, and to hold to bail, or
commit, all accused of these and other Of
fences, upon information to answer at the next
Circuit Court to such charges as may be pre-
scented against them The prompt AMI vigo--
GUS exercise of these powers would tend much
TO the prevention of crime and diminish the
necessity for more severe and expensive PEN
alties.
The constitution has enforced these obliga-
tons by declaring Justices of the Peace and
constables are subject TO removal by the Judge
or Judges having criminal jurisdiction in the
county, for incompetency, wiltul neglect Of
duty, or misdemeanor 10 Office, upon convie-
ton in a court of law Constitution Of 1867,
Art. 4, folio g., section AZ.
One of the first duties that devolves upon
you is 10 investigate all charges aglinst persons
arrested and confined in Jail, or recognized
to appear and answer, that they may have as
the Declaration of Rights requires speedy
and impartial trial.
The County Commissioners are charged with
the delicate and responsible duty of deter
mining the amount TO be contributed by every
tax-paye- towards the expenses Of the county;
OF auditing and providing for all claims
against ii; Of opening and closing public
roads; of appointing supervisors, constables
and judges of election in the several districts
and providing for prisoners and paupers. The
law casts upon them not only the right but
the duiy to protect the public roads and
bridges from injury and to keep them in
proper repair for the use Of the public; indi-
vidual rights must be hello and enjoyed in
subordnation TO those Of the public. Il by
reason Of necessary improvements to a high
way party suffers, consequential damage il is
damnum absque injurid and no right Of action
accrues to him.
On the other hand, If an individual suffers
an injury in his person or property, by rea-
son of the bad condition Of the roads or
bridges, the county is responsible 10 damages
for such injury, and IL is no defence that the
Commissioners have appointed supervisors
who have given bond with approved suretes
TO keep the roads in repair. Art. Is, Public
Local Laws, enacts If any person shall alter
or change or in any manner obstruct or en-
croach upon any public road in said county
or cut down, destroy or injure any Of the
bridges, causewa' S, boundaries, marks, or di-
rections he shall, on conviction, be fined not
exceeding one hundred and ffty dollars, TO be
appropriated to the repairs of the road 10 the
district in which the damage is done.
The Comptroller Of the Treasury in bis re-
port, to the Governor. OF the finances, for the
fiscal year ending the Both of September, 1878,
represents the State levy for the year 1878.
was $3.50, 1893 SO, Of which there was paid into
the treasury S369, leo oil. leaving in the hands
OF the collectors S50l, 635 35. The amount
due by collectors for previous years, exclusive
of interest, is seas, 76s 10 The large amount
OF 81, 1850, 406 As is therefore in the hands OF
the tax collectors, either uneollected by them.
or II collected, not paid into the Treasury
OF this amount the collectors Of this county
are charged with S6,0l9.ll for the year 1878,
and balance S2l 900 accrued from the years