The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1889-05-23
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A GREAT POINT,
A Recent Amendment 10 the
Jury Laws Of the State
NUli 900 Void. urIaY AnHrs aud Cos
ono County tl,40u--VipWs Of tta
frUI..u'1r IudH0 RAd
Attorneys

| There egalfeurgioutNls morn
! Ing 40 Ono amul house over umOl
that tho work done hy lNrwcWt Grand
| jury la stark county which convened
Two Woeks ago, was Illegal
Last winter tho Legislature amended
section 5l67by inserting proyiso, that
vacancies IN Che grand jury should be
Nlled by mcmra drawn for q special
purpose ana NOT from bystandera The
object Of tho lawls toproyent the pack
ing OF grand lurIes, and IL was for this
reason the amending clause was ia
serted The law was passed February
22, 1850 but no official publication Of IL
was made to any Of the Iudgea or pros
ecuting attorneys throughout tho state,
The error WIS first discovered by
some OF tho officials In Jefferson,
Ashtabula county, last wuel A
grand jury had been sitting In that
county for about a week aud had In.
dicted several criminals, AZ soon aa
the error WAS discovered the acts OF the
grand jury were considered null and
void and now jury WAS drawn which
has been sitting since Wednesday last.
A dispatch TO this elect appeared In
the Plain Dealer Saturday aud was dis
covered by some Of the attaches Of the
aherlli's office who referred the matter
10 Prosecutor Welty
The section provides that the clerk OF
court shall, within ANe days from tho
receipt OF the list write the names OF
each person no solicited upon separate
piece Of paper which be shall put into
q box and proceed 10 draw twenty toygL
ballots ana such additional number OF
ballots, II any not exceeding 0lRht, bUt
II any Of the ballot 30 drawn shall bear
The name Of person who at the time
Of such drawing Is known by the clerk
10 be deCrOatd uf 10 have become non
resident OF the county, every such bal
lot shall be- destroyed and the same ghU
not be counted, aud the clerk aha
continue such drawing until hG ahN
have withdraw the required number "
ballOts, exclusive of those destroyed al
aforesaid, the persons named on The
first fifteen OF which shall be summoned
40 grand jurors, and those named on iht
remainder shall be- summoned ~ petit
Jurors, and IN case of challenge, iuaf
Dility TO serve, Oruther cause, II becomes
necessary t0 ll,l the panel, the whole Ut
the number ul prlaOus so summoned as
petit jurors shall be lirst exhausted tC.
fore resOrting ~ other mcaus 10 llll tho
ms,
There Is some ambiguity OF language
In the statute and there iB a difference
Of opinion as to whether 10 means
grand or petit jurors some OF the at
tOrneys ARE OF the opinion that the In
tent Of the legislature IN enacting the
statute was 10 meuu grand Jurors and
not petit jurors While some OF the 9th
erg are OF the contrary opinion
The present grand jury which was
drawn some time ago has been IN se0'
sion since Monday May q, but has not
yet completed It's HbOm, When II con-
vensd there were four vacancies which
were filled In the usual way Oistlccting
them from by.siNuden, Under tins new
law the grand jury Is irregular aud all
It's acts illegal, This error, If such II Va,
will cost the county over $1,000 as all
the witnesses will have TO be ere'suOpOe'
ned and reserved. sheriff Leinihger
stated to u NEwsDEMOCRAT reporter
this morning that the cost OF the pres.
eut grand jury 10 date was about ~,
200
This morning when court opened
Pr0secut0rW Welty laid the matter before
Judge Pease aud u consultation was
held among some the attorneys Judge
Pease Is inclined 10 think that the
statute applies ~ grand jurors and he
has advised Prosecutor Welty 10 tele.
graph Attorney General Watson for his
construction Of the statute Mr., Welty
Immediately telegraphed but ~ yet no
reply has been received
The common pleas judges nre in a
quandary to know whether ~ proceed
under the circumstances or issue n
venire for new grand jury, II they
decide that II applies 10 petit ju ors II
In very apt to bo tukon advantage Of by
some attorney In the first criminal case
aud carried up TO the supreme court
The Attorney Generals construction OF
u statute Is simply his opinion and
only advisory, ana isnOt binding on any
judge, Frequently the Attorney General
has given opinions concerning stat.
utes and they have been reyured by
the supreme court II the Grand Jury
proceeds there is 0nger that all their
acts may be- prpNuuuced null an yu,J,
auu until psU case Is brought a..'
the supreme court the common pleas
Judges will not know what the proper
construction of the statute is The af
fair is watched with q great deal of In
terest and all the attorneys are anxious
TO see what the outcome VIII DO.