The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1891-05-08
MILLVILLE BOROUGH.
OPINION BY THE COURT.

~ P'N~NNu''b uiIDid W. I>O.
to incorporate Mill az, May Sess.
Vile into borough. 1890.
One year ago the petition was filed
In the Court with sworn copy of the
public notice attached showing that
notice had been given for period of
more than thirty days Immediately
preceding the presentation of the said
petition to the said Court, that the
same would be presented on the sth
day of May 1890, at ten o'clock in the
forenoon of said day, which was ac-
cordingly done and the same referred
to and laid before the grand jury of
the county as required by law
All parties, for and against the APP
picatlon, with their witnesses and
counsel appeared before said grand
jury who fully, and, so far as we have
any knowledge, fairly, heard all the
witnesses and arguments of counsel
pro, and con.
Upon and after all such hearing the
grand jury certified in their report to
the Court "that after a full investiga-"
"tlon OF the case a ma aority of said'
'jury do find that the conditions pre-"
''scrlbed by the Acts of Assembly in"
''such cases made and provided and"
''relating thereto, have been complied"
with and believe that it is expedient"
"to grant the prayer Of the petit"
"tioners"
This report is in exact conformity
with that directed and required by
Justice Clark in the opinion of the
Supreme Court OF this State In rein
corporation of Summit Borough ia P.
S. 362, and suffice to answer the argu-
ment Of counsel, for exceptants, in
that respect.
There are nine exceptions to the
confirmation Of the report Of the
grand jury, seven Of which relate ex-
clusively to matters over which that
tribunal had jurisdiction and control.
The eighth or ninth exceptions are
not sustained nor passed.
The question Of fact, whether or
not it is necessary or expedient to
grant the prayer of the petitioners, was
submitted to the grand Jury according
to the requirements Of the Acts of
Assembly relating thereto.
They seem to be the body particu-
larly required and made competent un-
der the law to pass upon thai question.
They must enter into ''full investi-
CATION" of the case.
They heard the witnesses face to
face and reported in favor of bor-
ough. That judgment of the grand
jury may, at, or after the succeeding
term of court be confirmed.
"But if the Court shall deem fur"
'ther investigation necessary they"
may take such order thereon, as to-
"right and justice shall appertain."
One years time has been given the
remonstrants to show that that report
Of the grand jury is wrong or unjust.
Were it sh wn to the satisfaction of
the Court that any fraud, mistake or
ur fairness occurred at that hearing,
or that any undue influence was exer-
cised, or duress brought to bear over
the grand jury, or any member thereof,
or upon the petitioners for the bor-
ough, in the course of the proceedings
to procure such report, we would un-
hesitatingly disaffirm the report or
send it back to another grand Jury for
decision. But without one jot or title
of proof of anything of the kind ever
having occurred would it be 'right" or
'.just" to do So?
1t seems to us under the facts and
evidence in this case no irregularity OF
illegality appearing in the proceedings
from the records in the case-that we
would be no more justified in refusing
to confirm the report of the grand
jury, than we would in an ordinary
civil suit in disregarding the verdict OF
a petit jury.
No good reason, law, or precedent
can be shown for SO doing. AS well
might we domineer over and set uI
our will in other matters, involving
questions of fact. without hearing the
evidence, or seeing the witnesses.
Without excuse, or cause, more
than is given us in this case we cannot
but feel that it would be an arbitrary
stretch of power for the court to re
fuse to confirm the report of the grant
jury.
True we possess that discretionary
power, but it should be exercised
cautiously and soundly.
Should the incorporation Of village
into boroughs depend upon the will O
even majority of those free holders
residing outside the limits of the pro
posed borough, or upon the unanimou
consent of those residing within th'
proposed lines none would be estab
iished. Yet such municipal corpora
tions have existed in all government
from very early period. Time ant
experience have demonstrated tn
necessity for the organization @