Omaha daily bee., 1891-02-02

follows; "Uhn otherwise provided by law,
no person shall for felony, be proceeded
against criminally, otherwise than by indict-
ment, exceptin cases arising In the land or
naval forces, or in the militia when in actual
service in tihe of war or public danger"
Section oftbe Same article as follows
''The right OF nfal by jury shall remain in.
violate In crininal cases, but jury In civil
cases in all coufts or IN criminal cases In
courts not of reeOrd, may consist of less than
twelve men, as may be prescribed by law.
Hereafter grand jury may consist OF twelve
men, any nine of whom concurriug may find
an indictment, but the legislature may
change, regulate or abolish the grand jury
system.n
Under the latter clause of the con Institution
the late Legislature enacted a law aboishing
the grand Jury except upon the call or order
OF the court and providing that the prOsecut-
ing attorney may file an Information against
any person whom he is satisfied has COM
mtted any crime within his country without
the intervention Of preliminary hearing.
This act went into effect Janu-
ary 10, 1891. The prosecuting
attorney under this enactment filed an
Information against Brantner and Ingraham.
Counsel FOR the CGfendantS has filed pleas in
abatement to these infOrmations as to the
jurisdiction of the court alleging that under
the foregoing clauses Of the state constitu.
tion and the clause of the United States con-
stitution of section 10, article /, providing
that no state shall pass any ex- post facto law,
the defendants cannot bo tried under nfor-
nations; that the Legislature having abol-
ished the grand jury law in force at the time
the acts are alleged to have been committed,
providing for jury of sixteen men, twelve
OF whom must have concurrred in finding an
indictment, and under the late enactment,
when the court shall order grand jury 10 be
drawn, providing that only twelve men shall
constitute "A jury mine Of whom concurring
may find an Indictment; that the law
relating, to informatons can only act
prospecuvely that is, as to crimes com
mitted after the adoption of the
act; that it cannot relate back so as to retro.
spectivey cover the cases of these defend.
ants, and that as to all crimes committed
prior thereto it is an OK post facto law and in
violation, as applied to those cases, of the
federal constitution. Counsel fur ther con-
tends in his argument that on account of the
act reducing the number of the grand jury
from sixteen to twelve and providing that in
stead OF twelve being necessary to concur
nine may now return or present an indict-
1nent that the legislature has thereby practi-
caly provided immunity from prosecution
for all crimes committed in Wyoming prior to
TO the enactment of January 10, 1871.
The court seems much puzzled over these
pleas and has taken them under advisement.
THESE cases seem to be fOrcibe reminder
of the late criticisms of tho late lamentcd
Justice Miller in Having, by several of his de-
clsons in constituting the acts of several state
legislatures, been the means of turning loose
upou ulHcESnJ COinnuulllcS perSOuS SulJy Oh
cold bloodod crimes
Mr.. ST. ltayner in his argument asserted
that ''such matters are not to be prcdicated
upon expectancy, public clamor or demand
Tor the conviction and Incarceration of those
guilty of crime, but must, under our system
of sprudonce, be founded in the spirit of
those salient constitutional guarantees which
are the groundwork and rules of action for
the legislature, the citizen aud the court
made sacred and perpetual by placing the
right to the enjoyment of life, liberty and
property beyond the power Of hasty or in
temperate spoliaton, except by de-
prlvation by due process of law, by
embodying them as part of the organic law
| of our common country; that it is the glory
and the pride Uf this people and is elevated
| above all laoored requirements and consider
| atoms of abstract justice founded upon the
reason of the thing, and must be based upon
the salutary principles that, in this country,
no person can be Onstitutionally and legally
| punished for crime eXceptunder tho provis-
| ions of law pres crDed as a governmental rule
| of action PRIOR to the time the offense is
| charged to or is supposed to have been COM
| mitted, and this is in conformity with and is
| the r0ndate of the constitution of the United
| States. ~
The people of Wyoming generally arc
| greatly Interested under the right of their
new constitution in the decision of these
| questions.