St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-24

arises from the constitutional pro-
lection which insures to every man
immunity from arrest or charge of
crime in any serious sense, except
upon presentation or indictment
by a large body of his fellow citi-
zens duly impaneled and instructed
TO consider such charges, not only
with relation to the rights of society,
But also to those of the accused.
There is another feature in this
method of the administration of the
law, which is, in my judgment, ex-
ceedingly beneficial: 1t makes the
citizen familiar with the administra-
,thon of criminal law. 1t is to that
extent an education to him. 1t en-
ables him to see that the law is in
tended for the protection and benefit
OF society. While it is vigorous in
it's punishment of the guilty, it is
equally vigorous in it's protection of
the innocent; and in country like
ours, where every citizen is en-
dowed with equal rights and priv
ileges, and owes an immediate duty
in the enactment and administration
of the laws of the commonwealth,
it is of the greatest Importance that
he should be familiarized with those
laws in their original and neces-
sary elements, and with the due and
proper administration of them. If
he, in those instances, performs his
duty thoroughly and conscientiously,
two immediate results follow: First,
the laws will be well administered,
and secondly, his respect for them
will have increased. And l know of
no school in which the citizen can
better learn to perform, and, having
learned, can proceed to perform his
most important duties to his fellow
citizens, than he can in the grand
and petit jury rooms.
Man is, at best, a rather restless
sort of animal. and of late years
communities, as well as the indi-
vidual, seem tO.have grown more and
more restless. The constant tinker
ing at the statutes, the constant at
tempt to change the constitutions,
the constant .blacksmithing of the
+ laW-if that term can properly be
applied to it-by local legislatures
are productive of many evils. And
the time of the courts is largely oc-,
cupied in examining and, in many
Instances, setting aside unconStitu-
tional and improper laws, which are
the result of crude or hasty Iegis-
1ation. Their production may be ac-
counted for in part by the fact that
Western legislatures are composed
Of so many different classes of men,
large numbers of them being per-
sons unfamiliar with either the let
ter or spirit of the federal and state
constitutions, and of the principles
that underlie a purely republican
form of government, as provided
for in the United States and the
several states.
Il feel quite persuaded that, if the
members OF the Legislature were each
p, thoroughly conversant with, and
had studied, the federal constitution
and that of their respective states;
had acquired a full and accurate
knowledge of the working of those
constitutional provisions as applied
to this country, they would not be
SO constant in their endeavors to
procure changes and innovations.
n None of the older states have ever
for a moment considered abolition of
the grand jury, or any interference
with the petit jury rs it is consti-
tuted; neither has congress con-
sidered or suggested any such radi-
cal change. In our neighboring state
OF Wisconsin the grand jury has not
been abolished, but system of in
formation by the prosecuting attor-
neys of the several counties has been
created in addition to the grand jury
system; but from time to time and
always whenever the court chooses
to exercise it's discretion in the mat
ter, grand juries are convened and
prosecutions had through them.
Minnesota, l am glad to say, has
always been conservative in these
matters, and this community has. in
my judgment, reaped the benefits of
such conservatism. Minnesotans
are an eminently law-abiding peo-
pie; we rarely have in the state any
scenes of public violence; lynchings
! are exceedingly unusual, and there
is throughout the state a general re-
spect and obedience to the law.
But should any change be made
and the abolition of the grand Jury
would be such change-which would
tend to place the administration of
oySr,, oil
divlduals, to be exercised harshly
and oppressively, our citizens would
very soon, and properly, lose the
respect and confidence which thew
at present entertain for the laws of
this state. C. D. O'RRIEN