The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-11-26
AS TO GRAND JURIEs.

Numbering, but we fear there will bt
very little Thanksgiving.
4 -----------------------
| AS TO GRAND JURIES.
Some one has started an agitation look
ing to abolishing grand juries on thu
ground that they are inquisitorlal in
character and smack of the dark ages
While there are, Of course, two sides t.
this question, as To all others four side
and the wrong side) it is matter that
will bear looking into. In support o1
the position that grand jury is both
! needless and at times vicious there il
urged the well -known fact that the evil
dence given before it is one-sided; it is
all for the prosecution and none for the
defense; it is organized to convict
The secresy Of its deliberations and in.
vestigntions are supposed to be in the
interest OF the person whose case il
being considered, in the event that nc
true bill is found, and in the interest OF
the remainder OF the community when
m indictment follows. Either or both
OF these contentious may be wrong
Grand jurors are but human, and it fire.
quently happens that the fact OF sup
posed offense being under investigation
becomes public before the law contem-
plates it should, and thus reflection,
often unjust, is cast upon person
whose innocence is established by the
findings Of the grand jury as body; OF
that q guilty man is allowed an oppor-
tunity to get beyond reach Of justice.
The possibility Of lnjuring person
against whom another has grievanc,
are too great, it is claimed, to be allowed
to continue in country where every
man is supposed to have the right Of
establishing his innocence, and where
the burden OF proof falls on the officers
Of the law to prove otherwise. Though
the grand jury has the power to sum-
mon the person accused OF violation Of
the law and hear his explanation, the
more general practice is to hear only the
testimony of the other side, and from
that form their opinion as to whether
the circumstances justify the finding OF
q true bill or not. Smith has a griev-
ance against Brown. He prefers
charges before the grand jury, and gives
in his evidence. Brown is indicted and
the fact published before the world.
For the weeks or months that must
elapse before the trial takes place
Brown is under cloud. He is acquit-
ted by the court, but the fact that he
has been accused will take long time
to wear itself out Of the public mind.
His innocence established the only re-
dress he has to find out that Smith got
him into the mess. Then he sues
Smith. Whether he gets any money or
any satisfaction out of that, the fact re-
mains that Brown has passed several
very uneasy weeks or months and SUIT
fered in some degree in respect to his
standing in the community in which he
which he lives. This 10 urged a. one in
stance in which the secret and exsparte
proceedings OF grand jury room may
be made to work great hardship.
When the question is propounded as
to what would take the place OF the
grand jury system il that body were
abolished, what is claimed to be sim
pie and thoroughly American plan Of
procedure is suggested. Let the district
attorney Of the United States, or the
county or states attorney, il there is
reason to believe that there is a we'll
founded charge against person, secure
his presence before the proper examin-
ing officer and have the matter lnvesti-
gated semi judicially at once. II there
is sufficient ground for holding the &C.
cused for trial, let it be done, and bail
furnished, il it can be done. A speedy
trial after that is what is guaranteed TO
the citizen by the constitution. This,
the advocates Of the new departure con-
tend, would do away with politically or
ganized grand juries harassing people
who had the misfortune to belong to the
opposite party, for supposed offenses, on
trumped up charges; it would do away
with the inquisition as q means OF graft
flying personal revenge; and it would
save the government, or the state, or the
county, immense sums Of money
expended for pay ~ grand jurors and
witnesses and fees OF court officers.
While the subject il too grave one to
form hasty opinion on, it il worth dis
cussing, and it should be.