Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-12-07
OR JUSTICE AND GRAND JURY
SYSTEMS.

GllN.
Both have come 10 be used as means
of venting personal enmitieS and spite,
'and OffoStcring litigation between citi-
ZcnS for the sake of the "cOStS" that
may accrue therefrom.
Ii j. only those who have been SO
fortunate AZ to escape the operation OF
/ these systems not those whose reputa-
tons have been unnecessarily be-
smirclSd, or their property ineXcuSably
involved by thcm-whO are indifferent
Ia the wrongs constantly growing out of
/ them.
No system can he otherwise than pro-
ductivc Of evil and wrong to the citizen
which puts the power i'm the hands of Il
st of men Ia stir up and foster strife and
litigation and makes il profitable for
them tO Ito 80 makes their living de-
pend upon il.
And, yet, that j. the position and the
power given To- the claS~ of men we <tall
Justice" under our system.
Their bread and butter i made to de
prnd upon the extent To which the COM
munitv around them Is embrOilcd in
litigation and strife. and at the same
time they are given the power, along
with the temptation, To promote such Il
condition almost nd Ebihm.
Are We not warranted, therefore, in
saving that Our Justice system Is Il
standing menace to the rights of proper
~, the liberty and reputation of every
citizen
Does not the actual operation Of the
system around IL bear out thi, a~>er
ton"
Apply such system to our higher
courts: make the income Of the Judges
upon the bench To depend upon prOlOng-
ing and fostering litigation; ~ well aS
dependent, i'm u measure, upon the deci-
~iOn~ they give i'm particular cases be-
tween party who is able to pay the
cost and one who Is not; and who, UNI
der such system, would have conf
drncc i'm our courts? What man of any
pride of character or Sclf-rc~pect, would
consent tn occupy the position of Judge
under such Il system"
Yet there are It dozen or more justices
now sitting i'm this city, with JuriS,tic-
ton To the amount of 500, and with a
certain measure of jurisdiction over the
liberty and reputation of every citizen,
whose bread and butter, we say-the
support OfWhUSe families depends upon
the number of citizens they can set one
against the other in contests over
property; in the number of breaches of
the peace and violations of the law; and
i'm great measure, in the manner in
which they decide these contests when
brought before them.
l. there any class of men in this or
any other community who are fit To he
invested with suchapOwer-whO should
have such temptation put i'll their
way?
Those who have or may hereafter
feel the operation of this system may be
ready with an answer.
We did what we could Ia prevent the
incorporation of such a system III the
recent amendment TO our Judiciary syS-
TEN when that measure was pending
before the Legislature and the people.
| The results which we then pointed out
a. sure To follow the operation of such Il
system are now being fully realized.
I'm conversation with former citizen
of one of the New England States, now
Il resident Of this city, he pointed out
some of the differences between the JUS
ticc and Grand Jury systems of those
States and our own, which strike us as
worthy at least of consideration and dis
cll>~ion.
In those States. he informs us, the
law fUrhitl~ Justice from issuing sum-
mons or other process for instituting Il
a suit before himself, or which he is to
try. The process must always he made
rrturnahle To some other Justices court.
Thus all induCement 10 fostering litiga-
ton is taken away by depriving the
Justice of the right tn try or share III the
fees of any suit instituted by himself
And if proper measures were
taken To prevent col
fusion or trading between justices, we do
b not see but that such a system would go
far toward SuppreSSing one of the great
. est wrOngS of our system.
: Another diff6rance, relating to the
grand jury system of the New England
States, possesses some features worthy
Of consideration.
Like the Justice system, our grand
Jury system i not only susceptible of
! great abuses. but, ~ we know, is fire.
uucntly prOstiuted To serve the ends of
/ personal malice and revenge. lie does
/ not, n Bob IngcrSoll sought to main
J tain i'm the Star Route eases, always
'stand between the citizen and the
calumniat0r" although that may be its
/ proper office. On the contrary, it Is
frequently made the easy vehicle for the
calummiator to strike the citizen.
! \ designing or vengeful man needs
/ only To 90 before the prosecuting attOr-
/ ney with cOck-and-bull story, which
/ the attorney has no power to subject to
| the test of an oath or the penalties of
J perjury. i'm Or,ler 10 have an Innocent
I nnfl
/ cetiOn of a trial in the courts, or at least
/ an investigation by twenty-fOur men.
| In the New England States the grand
! jurors are elected by the people for one
year-One grand juror for each township
or district of the county.
Ifan offence is committed in town.
/ ship, evidence of that offence must be
formally submitted TO the grand juror OF
| that township, whose duty it is to prop
! erly investigate il, and if in his judg-
ment the case warrants il, he prefers a
charge against the offender, be-
fore Justice, where he, the
grand juror, appears rs prosecutor, and
when the whole case il judicially in
vestigated, if the charge Is not sus-
tanned, the accused il acquitted and the
| matter ended: if il i sustained the ae-
I tu>tNl y liltl W iu-
swer an indictment, If found by the
grand jurors when assembled in joint
session
| Without taking time or space to re-
view the merits or dement's of these
suggestions, We simply present them as
possibly Offering some solution for the
defects and wrongs which attach to onr
system. For these must be remedied in
the near future. Public sentiment will