The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1890-12-11
RAPID CRY, SOUTH DAKOTA DECEMBER 81 1890
.an assert and uphold the Iawfulness o

such a proceeding under any sta tute otl
this state. These things must not be
done il they cannot be done lawfully. 4
Unless prosecuted in a proper and iaw-
.ful manner they cannot be lawful, and il |
not lawful they become criminal. Such
acts come under the head OF Corrupt
conduct OF officers in public offices,
There has been enough said to alarm the
community, and,i a conspiracy exists
it's your duty to return into this court |
the facts in an Indictment in order that
the Offenders may be punished for their 4
crlme.
I'llere-is one other subject that / de |
sire to call your attention to that has
been treated very lightly and indiffer-j
emily IN this county, and that il the |
subject OF elections.
Our statutes and our law-makers, and |
the confpllers OF our laws, evidently, |
from the arrangement OF the penal code, |
have regarded this matter as one OF the
first importance, and they have ar
ranged, in their compilation, almost at
the very head OF the criminal code.
"Crines against the elective franchise.
That chapter includes numerous crimes
which, it has been stated both in public
print and in the street, have been perpe-
trated in this county. Ii what has been
|said to that effect be true, the facts
should be investigated for the purpose
OF Furnishing the offenders. Our cleo
tiors are not OF such slight Importance
/ that an offence against the elective fran
cEise sho houId receive no notice or 60 un-
punished by any manner OF means.
There has been enough said in my
hearing and enough printed to make me
feel that my duty would not be fully dis
charged until have called your attell-
I {f,4 hiop4 for
| ton, OF the many supposed offenses that
have been committed in this county. Z.
| There are various heads under which
these matters may be investigated.
That with respect to bribes, illegal in
| huence, Judges at election, obstructing
electors, double voting, voting unauali-
fed persons, voting out OF precinct, vot-
ing llnlawiully, ETC., all OF which are sub
| iect to indictment ii you find the offenses
have been committed.
In addition to the higher crimes to
which your attention is called, you are
reminded that any act which is grossly
OF the community IS proper subject OF
inquiry and indictment at your hands,
such as leud and lasciveous conduct in
public. keepers and inmates OF houses OF
I'LL fame, keepers OF gambling houses,
/ and the sale of Intoxicating liquors in
/ violation OF law, call your attention
especially to these offences for the reason
that they, as /. rule, are quite frequently
disregarded, and treated as trivial and
unimportant by the grand Jury, and NOT
appealing so strongly to their sense OF
duty as the higher crimes Of murder,
manslaughter, rape, arson and other
offences against the state, all OF which
are proper subjects for Indictment.
These offences, which are sometimes
termed trivial are perhaps more serious
in their consequence and effect upon So
ciety than the graver and higher crimes.
No amount of sophlstry, policy or ex-
uuses should lead the Jury to take All in
different view OF these matters. The
people OF the state OF South Dakota
have clearly defined the policy OF our
government with respect to the sale OF
Intoxicating liquors within this state,
and the enactlnentssupon that subject,
both in the adoption OF the constitution
tive enactments by the Representatives
OF the people, leave no question with re-
| spect to the law OF our state. Our crimi-
nal statutes, in treating OF the various
, subjects of crime have in no instance so
) uiaborately defined the penal law, it's
procedure, enforcement and the punish
ment fol. the violation thereof as in case
l vi the unlawful sale OF Intoxicating
i liquor. Under the constitution OF this
!, state, no person or corporation shall
! manufacture or aid IN the manufacture
for sale of any Intoxicating liquor No
/. person shall sell or keep for sale as a
beverage, any Intoxicating liquor. The
: legislature shall, by law, prescribe regu.
t lstions for the enforcement OF the pro-
/, visions OF this section, and provide suit
/ able and adequate penalties for the VIC
r lation thereof The legislature has
1 acted upon this subject, they have taken
T the organic provision from the constitu
e ton; as adopted by the people, and they
e have prescribed regulations for the en-
: force1nent of it's provisions, and suita
! bic and adequate penalties for the VIC
: ation thereof, and, among other things
i they have made it my duty to instruct
, you that such regulations have beer
made and that adequate penalties have
e been enacted, and that in all cases where
= the violation of what is commonly
: called the prohibltory liquor law has
J occurred. that it is your duty to investl
c gate the subject, and return indictments
: against the offenders where the offenst
t lis esta bished by your investigation.
: There are numerous other provisions
J under the penal code of this state tha-
! l deem it Unnecessary at this time to cal
, your attetion to.
e If there is any grand Juror that has AN,
knowledge with respect to the comnisss
y ion of any crime it is his duty to declar,
e it and make himself a witness in the cas-
S to the extent OF his knowledge concern
:, ing it. have called your attention tt
e the matters that have come to m,
: attention which considered demandet
|, some action on the part OF your body
! 1t is equally your duty to investigat
|, those subjects which you may hav
u knowledge OF, as the subjects to which
have called your attention.
], You may organize for the transaction
y OF your business after retiring to th
n jury room, by the selection OF cler
< from your own body. Select one wit
n the view OF securing a competent clerl
y one who can take down the minutes t
n be preserved expeditiously and well.
g The district attorney Will assist yo
It materially.
:, The foreman OF the grand jury is en-