Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-01-17

ana dispensing. with grand jurieS in certain
cases Mr pT TS The judiciary committee:
sideratiOn of the bill be indefinitely post
poned. He believed in the grand jury
system and thought that this bill opens
the way for malicious prosecution.
Mr.. SELB4 said he did not desire to en-
ter into a discussion OF the grand jury syS-
tenn. The bill does not abolish the grand
jury system and makes no change in its
operation: 1t allows the judges to call
grand iuries when he may deem it neces-
sary. 1t is impossible to have a malicious
prosecution, as the district attorney cannot
prosecute until after a preliminary exami-
nation. where the defendant may appear
with his witnesseS-a right that he does
not now possess. 1t is in the grand Jury
room that malicious prosecutors have their
sway. 50 far as expense is concerned Il
term OF court lasting two weeks was held
III MS county. The first week was purely
ana simply tor the grand jury. If this law
ed a week. 1t has beef claimed that this
law would interfere with the prosecution
Of violations of the prohibitory law-when
this is the very plan provided for in the
prohibitory law itself. The law is not
new. 1t has been in existence in Michi-
gan twenty-five years and in several other
states for a number of years, and has
worked to the entire satisfaction of the
people.
Mr.. COLE heartily agreed with Mr.. Sci
by. The grand jury is not only an expen-
sive luxury but an expensive nuisance.
lie, too, noticed that objections came from
prohibitionist and know that under this
grand system there need be no more alarm
in this respect thai under the grand Jury.
Mr.. STEN EMS said he opposed the pass
age OF the bill, but was defeated and prom
ised not to oppose it. However, he thought
if his Hnfv tn sfnf, W., .I>:,t., - -
practical abolition of the grand jury sys-
TEN. Did not think we ought to abolish
the system. 1t distributes the power of
prosecution OF OtfenSeS among the people.
lie opposed taking power from the people
and placing it in the hands of one man,
who may be a good or a bad officer. Rings
and combinations are made. The ring of
Cook county held the prosecuting attor-
ney and the courts; the Tweed ring in
New York owned the district ATTORNEYS
and the judges, and it was the grand Jury
system that broke up these gigantic rings.
Mr.. RONEI said that in his county
when the district attorney is on the side of
tle wlllskHy men he winks at their Of
lenses. "We have had attempts at prosecu.
tons in our counties which We're a dis
grace. | appeal TO our prohibition friends
to stand by their gun ana defeat the BILL"
Mr.: PlNklIAM: The gentleman speaks
OF this new plan working we'll in Michigan.
IL reports are true there are some portions
OF the northern part of that state that
needs the Investigation of a grand jury.
AR; BEARD: The question is: Shall
we abolish the grand jury system? Let
us stand together in its defense.
MIR. ESTABROOk said he mad been a
resident of Michigan and he knew that the
causes were tried with much better salts
faction and by less expense than by grand
juritS.
Mr.. BOWEN: The people of the Thir-
tcenth district are in FAVOR of this bill, as
they believe that in many cases the grand
jury is an expensive luxury.
MIR. SLLBY, i'll answer to the opposition
to his bill, said he did not wish to impugn
the motive of the men who opposed it, but
denied every insinuation tina the bill had
been introduced in the interest of anti.pro-
hibitionists. 1le introduced the bill at the
request of the district attorney of his coun-
ty land a stronger prohibitionist does not
a temperance man and prohibitionist,
Judge Lauder, a temperance man, and
Judge Rose all favored the bill. lie re-
peated-and challenged argument-that
the prohibition bill provides that the prose-
cutions may be by information. Under the
complete control of the case as soon as in
dictment is found. He moves the prosecu-
ton, he witnesses and is su-
preme in the direction of the case. With
regard to combinations, it is true they are
often formed to defraud the public, but
that IS no reason a good law should not be
passed.
Mr.. STEVENS: The gentleman says that
Judge Temrleton and Judge Lauder favor
the bill, and in all probability Judge Nc
Council and Judge Winchester are for it.
Men are always for anything that will in
crease thel: power. You should prescribe
the power Of all men who are in the eX-
ccutive offices. The district attorney
should be an executive of ticer, and should
not be given Legislative power. The legis-
lative power of these matters should re-
main in the hands of the people as repre-
sented by the grand jurors.
MIR. rooney renewed his motion thai
the bill be indefinitely postponed.
Mr.. SELBI moved as an amendment,
that it be made a special order for Monday
at 2 p. III. Carried.
Adjourned.