The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-04-21
CAN NOT GRANT 1T
JUDGE Reid IRoGLAIFs THE Law
TO HIS PETITIONERS.

TO HIS PbTITIQMEES.
Directed to Rodoiph Hatfield and Others
The Petitioners Desiring Grand jury
for the May term of Court Were too
Late--Granti Jury Shall he Drawn and
Summoned as Provided by Law--Judge
is to Decide Whether Grand jury is .
Necessity Have 10 Grand Jury at
May Term.
There was a good deal of interest
manifested yesterday to know wha-
Judc. Reed would do in regard to call
ing a grand jury for the May term.
As a rule the taxpayers Of the city
Were opposed to a grand jury at this
time and the reason assigned was that
IL would result only in increasing the
taxes and TO no purpose.
The farmers who came to the court
house 10 90 business yesterday were
interrosated as to their views in regard
to the matter by reporter for the
Eagle and they invariably denounced
the scheme, some times in languae
more forceable than elegant
oDe lafiltE Sdlu al lit CbuIits ''i'-
missioners' office that the prohibition
lists had Ia bear the blame of this
movement to increase taxation when
in fact he believed that some OF the
lawyers in this city were the prime
movers in it and their object WAS TO get
fees in defending the liquor men and
that p.ohibitionists are made the tools
II signed the petition" said Post
master Kinciad Of Clearwater, and /
did it because j wanted TO see what
you fellows would do with it.
Everybody who knows Jim kincaid,
Mr.. Cleveland's postmaster at Clear
water. knows that he is fully as good
q prohibitionist as Mr.. Cleveland HIM
self He was raised down in Pennsyl-
vania in the Monongahala Rye district,
and Jim Laws awake of nights deViSIng
ways and means of enforcing the pro-
hibitoTy law, because Jim said he did.
Not until yesterday at noon did
Judge Reed announce his decision IN
the matter. and in order that all the
signers to the petition might know the
result he handed q reporter for the
Eagle the following for publication:
To the Hon. Rodolph Hatfield and
others:
Your petition addressed to myself
was duly presented on Friday the 18th
Of this month. The petition IS IN WORDS
as follows:
I'VE. the undersigned taxpayers Of
Sedgwicil county, Kansas, respectfully
and urgently petition the honorable
judge Of the district court of said coun-
ty To direct and order the drawing OF
a grand jury for the May, 1895, term
OF said district court
The law relating TO a grand jury IS
as follows:
Article :. section IS, of the procedure
criminal of the state reads: "A grand
jury shall hereafter only be ordered
drawn and summoned to attend the sit
tings of the district court in the state
as hereinafter provided. In each or
ganized county in this state a grand
jury shall be ordered drawn and sum-
moned to attend any sitting of the dis
trict court of any county when a petI-
ton signed by one hundred OF the tax
payers of the county praying for said
grand jury shall be presented to the
Judge of the district court of said coun-
~ at least twelve days before the COM
mencement of the term Of court at
which said grand jury may be desired
by said petitioners: and upon such petit
ton the Judge shall order a grand jury
drawn and summoned to attend the
sitting of the term of court for which
such grand jury is desired by the said
petitioners. Grand jurors provided
for i'm this section shall be drawn and
summoned in the same manner as
jurors for the district court. Pro-
vided. that if upon inquiry into the
matter the judge of the district court
nf any county shall become satisfied
that there is no necessity for the
converting of grand jury therein at
said term. he snail certify that fact to
the county clerk of said county at least
one month before the commencement
of said term, and no grand jury shall
be summoned therefore
Sec. Q of chapter o. OF the COM
Coll
AT least thirty days before any term
of the court at which a petit jury shall
he required by law, or grand jury
ordered 10y the court, the clerk of the
county where such court is to be
held shall draw from the jury box
the names of fifteen persons to serve
as grand jurors, and the names Of
twelve persons to serve as petit jurors"
From the foregoing law Ii is APP
parent that the action of the court in
calling a grand jury is dependent upon
the request of the petitioners for
particular term, as a part of the lam
guage of section 73 of the procedure
criminal reads: Before the commence
ment of The term of court at which
said grand jury may be desired by said
petitioners" The request of the petit
toners in this particular instance is
that the grand jury he drawn for the
May term. 1895. of the district court.
SAID Secllon - OF the procedure cElffl-
nal also reciteS the following language:
Grand jurors provided for in this sec
ton shall be dras n and summoned in
the same manner as jurors for the dis
trict court"
AS we have alreay seen. section . Of
chapter - requires that the jury for
the district court must be drawn Eat
least thirty days before any term OF
the court"
II follows of necessity that as Judge
Of the district court of the Eighteenth
district | am under the law prevented
from taking any action on your petit
ton. Respectfully,
{. REED
Judge Of the Eighteenth Judicial Dis
trict of Kansas.
FOR IRRIGATION STRAIGHT.
Colonel jocyln Says that Without it Kan