St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-10-06
A BRISTLING CHARGE.
Judge Otis Addresses a Few
Crisp Remarks to the
Grand Jury.
A Judicial Sermon on the
Proper Observance Of Mu-
nicipal Law.
The Liquor Question, as Usual,
Forms the Principal
Theme.
Cases Set and the Several
Judicial Assignments
Arranged.

d
amount of business has accumulated,
and the court rooms presented an ami
mated appearance. There was an I'M
usually large attendance of attorneys
interested in the setting of causes for
hearing.
The grand jury appeared before
Judge Otis and were duly sworn in. j.
j. Watson was chosen as foreman, the
others being as follows: Freeman p.
Strong, William Winslow, Frank d.
Willis. Frank W. Sachse, w. w.
Thomas, l.. ID. Wilkes, KingsIand
Smith, Chester r. Smith, Edward NJ
Van Duzee, George w. Smith. Edward
ID. Sniffen, Robert B. WhitacTe, James
ii. Weed, Victor NJ. Watkins, James w,
Warren, e. c. Varney, II. p. Upham,
George II. Watson, F. j. Wilcken,
Harry Weatherby, f. S. Verbeck and
James Suydam.
The charge of Judge Otis occasioned
considerable comment in court circles,
and is considered as being rather caus-
tic. Following is the charge as enunci-
ated by his honor:
Judge Otis Charge.
No higher or more important public
duty is citizen ever called upon to per-
form than that which by law is now i'm
posed upon yOu-not necessarily be-
cause of the times ana the season, or
the present conditions of society in our
community have tended to create any
special emergency imposing upon this
Jury unusual responsibility, or that
more vigorous action is expected or re-
qnlred at your hands than ordinarily
falls to the lot of such a tribunal: but
the office of grand juror, in large
and rapidly growing municipality, is
always, and under all circumstances
fraught with great responsibility, re-
curing the exercise of practical COM
mon sense and sound judgment.
Every law has been enacted to subserve
some useful purpose, to remove or
diminish some evil detrimental to soci-
ETY., and the great end you should have
III view is to remove-or. if this be i'm
practicable, to as far as possible repress
the evil at which the law is aimed:
and how this may be best accomplished,
with reference to many subjects, is not
lntrequently matter of great difficulty,
concerning which there is room for a
wide diversity Of opinion even among
those having the best interests of the
community at heart. Many laws and
ordinances are enacted for the purpose
OF enforcing temperance, virtue and
good morals in the community = not
sumptuary laws which interfere with
personal liberty, but laws calculated
to remove temptation and sur
round the citizen with a whole
some moral atmosphere, and to Sc
cure to him that restand quietude
which every good government guaran-
tees to its subjects. Barring eXcep-
tiOnal cases, it ordinarily ought not to
become necessary for the grand Jury to
inquire into the violation of such laws.
except so far as the same may be
brought to its attention by commit
ments heretofore had, nor ought the
country to be put to the expense of
bringing to justice offenders against
their requirements, not because such
laws are not to be enforced nor because
their violation is to be ignored or treated
lightly. but because the police powers
possessed by the municipal officers en-
trusted with the administration of such
laws and charged with the duty of see
ing them properly enforced is ample to
that end; and if properly exercised the
evils at which the laws are aimed would
be removed, or so far restrained that
there would be little cause of complaint.
No Dead Letter Laws.
No law upon our statute books is TO
be considered dead letter: and every
law is to be so enforced as to secure TO
us temperate, VirtuouS. industrious
and sober citizenship, and at the same
time secure to every individual citizen
the greatest personal freedom consist
ent with such purposes. If these ends
and purposes are beng accomplished by
those in authority, charged with the
duty of enforcing the laws and ordi-
nances governing the community. your
duties will be comparatively light, and
you Will only find it necessary to sup
plement their efforts by bringing to trial
those who are persistent yioiaterS Of the
law and cannot otherwise be reached.
IT, on the other hand, these wholesome
laws and ordinances are openly violated
and their violation treated with indiffer-
ence, If not actually consented to
by those charged with the duty of their
enforcement, to the detriment of our
city, the discomfort and annoyance of
her citizens and the corruption of her
youth, then grave responsibility rests
upon your shoulders, and it will become
your duty to diligently inquire into
these violations of law and bring the
| guilty to punishment. With these gen
eral observations as to YOUR kuties |
viii now more especially call your at
tentlOn to a few of the many matters
which will receive your careful consid-
Grafton. And in this connection, as |
am required to do by law, | will read
| Sundry sections of the statute defining
/ your powers and duties. Since the last
| sitting of the grand jury sundry persons
| have been committed to the county
| jail, or are ont ON bail. charged with
various offenses. These will receive
| early consideration at your hands, to
! the end that those who ought not TO be
| held may be released from confinement:
while the others may get ready for an
early trial. With these disposed of. or
| before if more convenient, you will turn
| your attention to such other offences as
you may have reason to believe to have
| been committed, and which, in YOUR
Judgment, should be brought TO the at
tention of the court.
A recent grand jury of this county in
| their report to the court called atten
ton to the fact that the law prohibiting
the sale of intoxicating liquors without
license therefor. had been quite gen
| orally violated and suggested its more
strict enforcement. The attention of
| those engaged in this traffic having
been thus called to the matter. they viii
be without excuse if there have been
! further violations. Justice TO those
who promptly comply with this re-
| Quirement, as well as the fact that
lne CITY anu equity Have direct and
large pecnniary interest in the matter,
demands that this license law and all OF
its provisions should be rigidIy en-
forced. This court alone has Jurisdic-
ton TO try offenses of this character.
They are not tri3ble in either the Justice
court or the municipal court, and for
this reason they should receive your
careful attention. In this connection
you should be advised that no person.
who, within twelve months prior to ap-
plication for license,
Shall Have Been Convicted
| of violating any law of the state, or any
municipal ordinance regulating the sale
of intoxicating liquors, is entitled to
license: and, if one has been issued to
SUCH person, it is wholly void, and will
! afford him no protection, while the officer
| issuing 1t is guilty of misdemeanor.
H..