The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-16
GRAND JURY IN SESSION.
Charged to Make 4 Searching In
vestigation Into All
County Affairs.
They Are Advised to Be Thor
ough and Take AM
pie Time.

H9 PIC Alkll0s
Tho Cost Of the Nav Jail = Matter Of
Public Intersss-SEchool
The grand Jury OF Lewis and Clarke
ing in tho district court bsfors Judge Hunt.
The members Of the jury are A, ]. David
son, John I. Murphy, II. 3. HAMILTON, w.
@. Humidity, A. q. johnson, William Hickey,
w. g. Bailey. Formerly the jury consisted
Of sixteen but now but seven ore required
by law. Judge Hunt delivered the follow
ing charge to the Jury:
Gentlemen Of the Grand Jury-By the
adoption Of the constitution Of the state
many Of the necessities of agrand jury were
done away with. Under the old territorial
aystom all prosecutions for feloniss had to
be instituted in the district courts by in
dictment Of Z grand Jury, and NO person
could be brought to trial for any crime
greater than \ misdsmeAnor except after
legal investigation by = qualified body of
sixteen grand Jurors. ; The system was held
by many to be cumbersome and undesira-
BILE. A man. charged with the larceny Of
property Of : greater value than S50twas en-
titled to q preliminary examination before
a,committing magistrate. II there wss
probable cause for believing him guilty he
was bound over to await the action of the
grand jury next to be convened in the
county. When tho grand jury assembled
they, asa body Of sixteen, again invos-
tigated the charge. The Same witnesses
heard before tbs justice Of tho poacs were
%subpoensd and heard by the grand jury. If
the Jurors desired it tho defendants side
Of the case was inquired into. The man
accused was virtually having . second trial.
Upon a final vote upon indicting Ave mega
tive votes resulted practically in an ac-
quittal Of the individual charged. II they
indicted. however. then came the ac-
ton of the district court, and once more
tho witnesses were %subpened and then fol-
lowed a trial in open court-tho third ok
animation into his guilt or innocence.
Such q, method OF procedure was open to
tho criticism of being expensive and dila-
tory. With an accumulation OF criminal
business incident to an increased popula-
ton came unusual drains upon the county
treasury, and it was not surprising that tho
advantages OF preserving the whole machi-
merry Of the grand jury system were not
thought to outweigh the advantages Of the
approved practice of prosecution by infor-
nation of q county attorney.
Moved, doubtless, by these and other
important considerations of oxp0diency.
the constitution under which We arc living
abrogated much Of the power of tho grand
srvu. IT 49, -oa;Jn2 (AkrA .1t -s-~.-~1--A... -
in the district courts should be prosecuted
by information, after examination and
commitment by "a magistrates, or after
leave granted by the court, or should be
prosecuted by indictments without such ex-
animation or commitment, or without such
body is,, therefore. strictly limited in your
right to indict, 30 far N offences committed
since the passage of the information law of
1891 are concerned. to eases where there has
never been q criminal charge and an exam
ination and binding over by q magistrate,
and you will be guided by this limitation
in your actions.
Yet the constitution trainers were wisely
tenacious of the grand jury as an institution
Itself, and gave 1t recognition. History is
replste with encomiums by the greatest
mon who ever adorned the exalted profess
sion of the law, or this method Of inyesti-
eating crime, migrated into our juriapru-
dence from Great Britain, whore, for u
Thousand years, it has had an inseparable
identity with the criminal laws of the
English nation. To have abolished the
grand jury entirely, in tho light Of such ex-
perienoe, would have bsen dangerous. To
retain it in it's general usefulness, but to
obviate its frequen5 expense, and to over
come its slow methods twas oommsdable,
and was accomplished by enabling a county
attorney to lay complaint by original
aston, and upon his information to bring
tho accused to trial.
"We find, therefore, that although de-
creased in number and denied certain
power, yet by the bill of rights of our or
Qanic law, the authority IL expressly con-
ferred upon the district judge to or
der a grand Jury drawn and sum
moned when, in his discretion. he shall
consider if necessary. Tbs exercise OF that
discretion vested in me as Judge Of this
court has resulted in your being empaneled
here to-day as the grand jury for This term
of our district court, and in obedience to
the Jaw the court briefly charges you in re-
lation to you duties.
The causes which, for the FIRST time in
over twelve months, have prompted the use
OF the discretionary power at this time are
only those of public good which should gen.
orally lead to a grand iury's assembling
every year or thereabonts. 1t 10 = whole
some thing for the general welfare of the
county government that An investigation
should be made into it's economic affairs at
least once every year. The internal
concerns Of official management of the
several offices are of diract interest to
all taxpayers and to others who are am
bilious for an honest and prudent admins
tration of public matters, and whs view
any substantial departures from the statu-
tory powers of officials with alarm and sus-
pioion. County officials in several instances
are directly responsible to the county COM
missioners, but in most ousos the official is
independent, responsible to no superior of
fioia! body or individual; the law alone is
his master, Fortunately the confidence of
the people has usually been bestowed upon
men we'll qualified in character md ca
pacity for their positions. But tho most
t ustworthy officers are often stimulated to
greater zeal and energy by the commenda-
tion of a grand jury; indifferent, or inert. or
negligent ones arc aroused to a sense of
duty by having their office. inquired into
by ouch a body, while corrupt and dishon-
est ones are brought to Justice by indict-
mont of grand juries. Thus is tho conduct
of public servants scrutinized by grand
jurors who are drawn directly from the citi.
zens of the community. and by their report
ntc the taxpayers familinrizad with the true
state of affairs.
II therefors charge you that the law gives
you fall AID unlimited authority to make
legal Investigations into the public offices
of this county, and it is your highest duty
to make careful search into the conduct Of
each and all.
"Douend unon IL TINT n asprnhino ipyo..