Daily Yellowstone journal., 1889-06-11
The Grand Jury System
Shall II continue to exist or be
fAbolishsd? A Discussion of
the Subject.
What is a Grand Jury and its
Office? What is IL cause
Of Failure +?
SHALL WE ABOLISH THE GRAND
JURY SYSTEM?

A question which is now sgitstinl
the minds Of the people Of the terri
tory Ia whether OF not IL is best tc
abolish the system Of grand Juries, by
incorporating such abolition in the
constitution which will be framed by
the forthcoming convention.
Much has appeared pro and con this
subject in the territorial press, but SO
far as we have been able to see. the
principal objection urged against the
system has been that II is "old and
worn out.n
That system efiecting the rights
OF man which has been in existence
for four centuries should be set aside
simply because it is old, is y PROPOSE
ton too preposterous to admit even Of
passing notice. Indeed. its very age,
and the venerstion which il the dueof
age are conditions which should en-
title II to the utmost consideration at
the hands of those who view IL in the
light Of contemplated change. That
the grand jury system has been 10
vogue since the reign Of Richard /,
that IL hes long been considered as
one of the dearest rights OF the char
tered liberties Of England; that IL has
been aud is yet recognized and daily
sanctioned by the greatest juris,s and
the greatest lawyers the world has
ever known; thst II Is even now, at
this very moment, Incorporated In the
codes and Ia in daily practice and has
been since their existence In all of the
states and territories Of the United
States but two. are certainly consider
stions which should entitle the jury
system To at least wise and careful
consideration before IL IL forever
struck from the statutes Of this infant
state.
Whist Is a grand jury? II is body
of men to the number Of not LEES than
twelve or more than twenty-four,
legally taken from the c.mmuu-
ity Of the people. whose duty il is TO
enquire into the criminal charges
which are laid against an individual,
and say whether or not he shall he
placed upon trial. (Robinson Ele
Law 4S9.) The grand jury, therefore,
is intended TO be shield which pro.
tecis the citizen from being dragged
into criminal court and being placed
upon trisl-put 10 the inconvenience,
expense and ignominy of a criminal
trial, unless there shall actually be
such charge against him SO main
tanned by legal proofs that II he him.
self could offer no evidence 10 the
contrary upon trial, he would be con-
victed. It's object is to protect the cit
izen from the capracious acts Of any in.
dividual who might chance to be
elected public prosecutor or Of any en-
emy who might file criminal COM
plant against him. Indeed, the law
Of latter times has gone even a steo
farther ip this direction. and has es-
tablished court Of inquiry, a sort Of
court Of first instance, whose duty il
Is 10 enquire into and determine
whether or not there Is sufficient
weight to q charge brought against a
citizen 10 submit his case tn the grand
jury for investigation; to ascertain, in
short, II there is probable cause for
holding him; and this preliminary ex'
amiDing tribunal Is made part Of the
system Of criminal courts In Montana
So that, when the benign object and
Office Of a grand jury is seen and when
II is considered how long 1t has full
filled the wishes and met the demand,
Of the people Of the two most enlight
ened countries on earth, and when 4
Is realized that Its abolition Ii NOV,
almost entirely an experimental one
that such abolition exists In only tw,
OF the most sparsely populated and un
important states In the Union. Ne
braska and Wisconsin, and that tb,
innovation has existed In these 70
but q short while. not sufficient,
long. perhaps, to be thoroughly tested
there can be understood the characte
OF ground upon which we are tresdiuI
while we are building up 9 chang
upon II.
But IL is 10 be noticed, how
ever, that this innovation has started
not In the east where the country Il
thickly settled, but In the west. wher'
the population In sparse. Therein, II
our opinion. lies the gist Of this sgila
tiop. A system which, however efiec
tive and desirable In thickly ssttle'
'c,mmunIties, may be found toiall,