Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-05-28
GRAND JURY.
EDITOR Posr-TxTxLLroEscrR:

4
| hs TINS seems an appropriate time 70
discuss the history and constitution OF
the Grand Jury system, I offer the fol.
iowioe for the consideration of yourself
and numerous readers:
The Grand Jury is a vezerable iussi-
tuition. II is co existent with the com
mon Law. Its history is part, and an
essential part, Of the history Of civil
and religious liberty as developed. main
tanned and perfected in the AngIo-sa1on
race. II has ever Been bulwark Of lib
erty. More than once has il checked
the mad encroachments of king aud
priestly power upon the rights Of the
people. Hence our forefathers, recoe
nizlng the fact that it was an important
factor In free government, incorporat-
ed into the consultation Of the United
States. that grand but genuine Law for
all this broad land, the following provi
sion: No person shall be he'd to an.
sver for capital or other infamous
crime unless on presentment or indict-
ment of a Grand Jury, except in cases
arising in the land or naval forces. or in
the miiitis, when in actual service in
time Of war or public danger" For
crimes not capital or Infamous, inform
ations may be filed by the prosecuting
officer In federal cases. This informa-
tiOn business is getting quite popular of
late years among Judges Who are REACH
ing out for the sggrandizement of the
Judicial power. Let freemen beware.
No information can be fled in Terrific
rial cas.s. It has been held that this
constitutional provision Is only a rule of
Law for the federal tribunals, and that u
does not prohibit the States from abol
ishing or modifying, by constitutional
or statutory law, the whole Grand Jury
sy stem. No State. as We are Informed,
has as yet entirely abolished this system,
but q few have made radical modifica
tiOns of tin decreasing the number of
its members and in making its meetings
dependent on the will of the judge or
the petition of freeholders.. These in
novations are wide departures from the
constitutional landmarks established by
the fathers and are Of doubtful proprI-
ETY., and, ia the opinion of the writ r, OF
dangerous tendency. These changes
have resulted from two causes:
lst. There ia a class of men In every
community whose whole Law OF morals,
patriotism and public virtue is embodied
IN the word economy. IL crime can be
suppressed ohsaply, they are in favor of
ITS suppression; II 1t costs a good deal
to secure the supremacy Of law, theg
are willing to take their chances and let
the tide of lawlessness roll ON. These
are oppossd to the Grand Jury on ac-
count of its expense.
%. There is class Of judges who
want to have their own swes will in ev-
erything. They enforce law not becau.e
II IL the will of the Legislature, but be-
cause it gives them I'm opportu. ity to
test some pet scheme of moral refor .oa-
ton. These men are Legislators by con-
struction and Interpretation; are con-
stant in the habit of airing their AS
sumed superior wisdom by speaking
disrespeetfully of the legislature and its
laws; delight to declare laws unconsti-
tutional and invalid; and glorv in their
power to call the executive officers of
| The government to an account. In short,
ciary all the powers OF government.
fhese are dangerous enemies to free
government The infamous Jeffries is
their pattern of certainty and effici ncy.
These judges are the opponents of the
Grand Jury system because IL sometimes
thwart. their ambitious designs and
spoils their pet schemes of moral regen.
Grafton. 1t 10 the DUTY of the cltizsn To
stand by his constitutional guarantees
and to defend them from the attacks of
a sordid seltishness on the one hand and
from frenzied fanatlcism on the
other.
The Grand Jury is an independent
tribunal. It is not, and ought not 10
be, the mere echo OF the court. BY be
ing so il loses its distinctive character,
and its usefulness is gone. IL is true, u
Is to take the meaning OF statutory and
common law from the court; but as to
the expediency or policy OF nndina an
indictment in any given case II IL the
sole and exclusive judge. No court has
the right TO dictate or bully them into
submission. IL can require them 10 IN
v, stieate and determine. but there the
power of the court ID exhausted. 1 infer
the above stated propositions from the
fol owing submitted principles:
lat. This is n government OF the peo-
ple by the people. Ii is not a govern
ment by judges. II is the duty OF the
indoe TO hear and determine cases, civil
and criminal. submitted 70 him. de 10
in no sense q public or private prose-
cutor. 10 determine the question
v hether a prosecution IN any supposed
violation OF law is poliiis or not, the
people have ordained that they would
lake the Judgment Of the Grand Jury.
The Grand Jury is the depository OF
this discretionary power. IL Is lodged
nowhere else. The history OF the past
shows that it Is safe Judgement OF
d, wer. IL prevented. on not very re-
cant occasion, she indictment OF tnree
fourths Of the male citizens OF this CITY,
and that notwithstarding tne maehin-
cent display of constitutional pyrosecn.
MICS by con onscienci' rs court. lne oouf.
did what is considered its duty fuiiy anu
brilliantly Grand Jury did It's dusy
firmly and we'll.
pa. As further ground for the gen
eral principles stated above ! caii a..en,
ton TO the number and qnaiincA.lons ~
the Grand Jury. The common Iss
Grand Jury consisted oil twensy' Ious
narsons: onSer our statutes 10 nlay con-
than tvcnty. three members. Inc petis
inrv. as all know, consists OF tweivs
members. The qualification OF petit
iuror 10 simply that OF an eieetori tns
Qualification of grand juror - tnat OF
an elec,or aud householder. Wnat Is
bouseholderl We will give our answer
and then the answer OF the Judge Oh
this District. A. 49,.
Tue popular meaning OF the term
househaldsr 10 that Of q possessor o.
houss either as owner or lessee. Ibis
nonalar meaning is IN hsrmony WIN tne
| manifest intent of the legislature IN re-
ouirins higher qualification IN one case
man in the other. As the secnrisy OF
personal rights as we'll as rlshts u prop
srsy are dependent 20 great extent 90
an Intelligent as well - vigorous en-
foroement Of the criminal laws, tne
Legislature justly required 10 tns sIiou
nal charged with the duty OF setting tne
er,miuai machinery IN n,o'ion nlxnss
4 oualificatious aud greater numbers .nAn
IN the mere trial jury. Tue ieeisiasars
for this purpose looked TO pefmNnen'
;dsnsificstion with the mutual interests
~ the country. IL found IN me