Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1879-11-14
JUDGE B0wIE's CHARGE TO THE
GRAND JURY.
Gentlemen of the Grand J,.rv:


When look upon your panel and OBJ
serve SO many members of large experience
IN public affairs, il seems almost unnece ssary
IL not presumptuous, to attempt to instruct
you 10 the nature Of your duties.
But the law implies, that the Court should
cooperate with you 10 calling yonr attention
to matters Of especial interest; and society is
80 constituted, that there Is an ever recurring
necessity to refer to first principles.
The community Is never stationary ii is
either advancing or receding. The utmost
vigilance is necessary TO keep il from relapsing
into disorder and confusion.
You are assembled for the purpose Of in
curing whether any offences have been COM
mitted within the limits of the county,
against the public peace, the public morals,
the persons, property, lives or liberties of the
people, living or sojourning within its bor-
ders and into the execution of the laws by
all public officers, entrusted with the collec-
ton Of the public revenue, the protection Of
the elective franchise, the conduct of public
instruction the observance of laws regulat-
ing the sale Of spurious and intoxicating Ii
quors, and the administration Of the public
interest OF the county generally.
This high trust has been committed to you
under the most solemn obligations which men
can assume, and we have every guaranty, in
the mode OF your selection and appointment
and your personal character, that it will be
faithfully and fearlessly discharged.
To avoid fruitless proceedings, it may be
proper TO advise you, that no prosecution
should be commenced for any offense punish
able by fine, penalty, or forfeiture, or any
misdemeanor, except those punishable by con-
finement in the penitentiary, unless within
one year from the time of the offence COM
mitted.
Misdemeanor at common law, such as SIM
pie breaches of the peace, keeping disorderlv
houses, etc., are generally of this character !;
but statutory misdemeanors are often punish
able by confinement in the penitentiary, and
are therefore indictable without limit as to
time. Wherever you are In doubt you should
apply to the prosecuting attorney, or the
Court for advice
II is also we'll 10 remember that as your ex-
aminations are entirely ''er pdrte,' and the
accused has no right 10 be heard before you,
that the evidence on the part Of the State
should be such as to make q strong prima
facie case OF the guilt of the accused before
you indict them, otherwise great Injustice
may be done the innocent and much cost en-
tailed upon the county.
All informers who may be actua,ed by pre-
judice, or interest, or private malice, should
be heard with great caution, and those who
oficiously present themselves, should be dis
couraged.
The revenue is subject of primary consid-
GRAFTON. The prompt collection and payment
of the public revenue is secured by bond to
the State, with suretes in large penalties
conditioned for the faithful performance of
its obligations by the principal which bond
Is liable TO be put In suit and enforced by judg
ment and execution In a summary way in
cases of default, but the State finding this
civil proceeding entirely insufficient to ac-
complish its object, has by the Act of 1872,
chapter 329, declared q defaulter every officer
whose duty IL is to collect revenue due the
State, or any county thereof, who shall after
the receipt thereof willfully detain the same
sixty days after the time appointed for the
payment thereof, or six months, where no
time is appointed and liable upon conviction,
TO be imprisoned In the State penitentiary not
less than one or more than FIVE years, ard the
Courts are required to give this law In charge
to the grand juries summoned to their re-
spective Courts.
We hope there are none in this county
liable to be prosecuted under this law, but it
is your duty diligently to inquire and Impair
TALLY present all who have violated il.
The elective Franchise is the foundation
of all free Representative Governments.
The Constitution of this State by section s,
article |, declared "The General Assembly
shall provide by law for uniform Registra-
ton of the names OF all the voters in this
State who possess the qualifications pre-
scribed in that article, which Registration
shall be conclusive evidence 10 the judges OF
eecti0u y sssS s. ~ - Es-ss s4--ysssAA thus
registered 10 vote at any election thereafter
held in this State but no person shall vote
at any election, Federal or State, hereafter TO
be held in this State, or at any municipal
election in the City OF Baltimore, unless his
name appears in the list of registered voters"
In pursuance of this provision, the Legis-
lature by the act of 1875, chapter 249, enact
cd law providing for the Registration OF
voters, and its annual correction and revision,
and prescribing with great minuieness and
particularly the duties and powers of the
Officers Of Registration and of the Clerks,
Sheriffs and Judges Of Election connected
Herewith. To enforce these provisions the
last section enacts II any Officer of Registra-
ton, Clerk OF Court, Sheriff, Judges of
Election or Police Commissioner shall know
ingly refuse or neglect TO comply with any Of
tho provisions Of the several sections of this
act imposing duties upon HIM, or it any
Officer Of Registration shall enter upon the
list OF registered voters the name of voter
or strike from said list the name of any per-
sons already entered thereon, except at the
time and place prescribed by this act, he shall
be deemed guilty OF misdemeanor and on
conviction thereof forfeit and pay fine of
not less than five hundred nor more than one
thousand dollars for every such offence, or be
imprisoned In the discretion of the Court, for
period not exceeding three years, or both,
and shall also be liable in damages at the
suit of the party grieved.
In order 10 promote the purity of elections
and preserve the public peace, the Code de-
clares, "lf any candidate at an election to be
held under the Constitution and laws Of the
State, or any other person whatever, shall at
any time before or on the day of any cleo
ton, give or bestow, or directly or indirectly
promise any gift or reward to secure any
PERSONS vote or ballot at any such election,
or shall keen or suffer to be kept any house,
tent, booth, or other accommodation in any
part OF any district at any time during the
day of holding such election and before the
close thereof at his expense where victuals or
intoxicating liquors shall be gratuitously
given or dealt out TO voters, every such person
or candidate so offending shall on conviction
thereof be fined at the discretion of the Court
a sum not exceeding $500, and suffer such
imprisonment as the Court may adjudge, not
exceeding six months. In furtherance of the
same policy, all keepers Of hotels, taverns,
stores, drinking establishments or other places
where liquors are sold, and all other persons
are prohibited from selling, bartering, giving
or disposing of any spirituous or fermented
liquors or Intoxicating liquors of any kind
on the day Of any election under the penalty
Of fne not less than $50 or more than Si00,
one-half 10 the informer, the other half TO
the Commissioners OF the County, for the
benefit Of the public roads. "-ls65, chap. l9l
So all bets or wagers on the result OF any
election 10 take place In this State are enc
joined and prohibited under penalty Of not
less than $50 or more than $500 10 be paid to
the State for the use Of the school fund
The Legislature has exhausted every ex-
pedient In erecting barriers for the protection
OF the ballot; II remains for the people to
determine whether they will preserve Il pure
themselves.
Although registration is necessary TO enti-
tie person to vote, Il does not follow that
all who are registered are legally qualified.
No person Ia entitled TO be or remain regis
tered In any election district who has not
been resident OF the State for one year and
Of the county In which he claims to be regis
tered six months, aud the residence necessary
10 entitle any person 10 vote or remain 50
registered to vote, must be aR actual bona Jfds
residence within the district In which the
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