The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1885-05-15
THE GRAND JURY REPORT.

The report Of the Grand Jury, published
in this issue, contains some very good sug-
gestisns, and some that are Of doubtful GER
rectness, whether the jury properly had author
ity TO speak on the matters 1t issue or not.
The habit that Justices have fallen into Of
sending trivial cases up TO the District Court
which should be tried In their own, has
properly been condemned by Grand Juries
throughout the Territory, and the recon-
nendation that In such cases hereafter the
Commissioners dissllow their bills, 10 good
idea. Justices should hear and promptly
dispose of all cases within their jurisdiction
and save the vastly increased expenses for
incarceration, pay Of jursrs and witnesses Ut
the District Court, etc.
The suggestions Of the Territorial Grand
Jury concerning the Jail and penitent'ary
are good, whether or not II was their duty or
province to recommend the addition TO the
Jail facilities or the construction Of the ad-
ditlonal wing Of the United States prison.
1t 10 part Of their duty TO enquire into
the condition and Management Of
the public prisons within the county" and
the technical point that the penitentisry Is
on q United States reservation, and that 1t 10
by the laws specifically and exclusively made
the duty of the County Commissioners "to
build and keep in repair county buildings,
and In case there be no county
buildings, TO provide suitable rooms for
county purposes" dses not detrsct from the
general merit OF wise suggestions. The
same may be said of the recommendations
concerning the construction OF additions to
the Court House. That the room Is INSULT
cient, asd the vaults not only too small, but
Insecure, 10 IuuIspuSavIU, DuS ~ uocs not ap-
pear TO us II 10 the duty Of the Grand Jury
10 instruct the Commissioners what TO do
IN the premises, any more than it would be
the right, duty and privilege Of the Commits
sioners to assume the duties Of Grand
Jury. The Commissioners are elected TO
perform certain duties, and to provide suita-
BILE buildings and rooms for county purposes
Is . part Of those duties. Ifthe Grand Jury
believe them guilty of "corrupt and willful
misconduct" in the discharge OF their duties,
they may be indicted therefor; but outside
Of such action the Grand Jury's recommen-
dations and suggestions have simply the
weight and effect of those made by any other
equal number Of equally reputable citizens.
We make this comment as the current
Report reprimands the County Commission
ers fer not obeying the suggestions Of for
msr Grand Jury, and as the opinion seems
to prevail and is growing that Grand Jury
has superior and illimitable powers, when,
as We understand the law, the fact Is that
they are not only ephemsral and legally cir
cumscribed, but that outside of certain de-
fined duties Grand Jury is liable to trench
on the duties and rights Of duly elected OH
GERS, not only under oath but bond. Neither
are Grand Juries always consistent In their
recommendations for the Grand Jury Of
last December recommended the erection of
Offices and fire prosf vaults for the District
Clerk aud County Recorder at an expense Of
not exceeding $1,000 or $1,000, while the
present Jury ignores the danger 10 the court
papers In the District Clerks Office and rec
simply . $4,000 vault for the
county records, while censuring the Com
missioners for having "disregarded the sug-
gestlons of the last Grand jury" Doubtless
the Commissioners appreciate as much as
the Grand Jury the dangers and incsnven-
fences Of the present facilities, but a the
fsrmer Recommendation was made In De- |
cember, not very good season to erect |
buildings In Montana, and thsre has been no
regular meeting of the Commissioners since |
March, 1t seems hardly warranted, even As
an extra judicial act, and even If the Gem
missiones recognize any supervisory su-
Ehsrity In the Grand Jury, to censure them
Tor negligence. Tho Grand Jury was an
excellent one. It doubtless had the public
welfare In view, and they have made some
,oed suggestion; but 1t Is very serious
question If this and other Grand Juriss, in
his and other counties, have not recently In
heir Reports encroached upon the preroga-
ives Of duly elected and qualified officers
Vhs are net guilty or charged with "willful
md corrupt misconduct in Office"