The National tribune. [volume] (Washington, D.C.) 1877-1917, 1895-06-13
THE PoRTY-FIFTH STATE.

the Grand Jury. Though this insti-
tuition is never quite what it should be,
and frequently fails utterly to justify
its existence, yet all who think much on
Governmental science will regret its
abolition anywhere. 1t is one of the
most venerable institutions of our Anglo
Saxon civilization, and additionally
represents the control by the entire body
of citizens of County over its officers
and affairs. 1t has to say whether the
evidence is sufficient to put any citizen
to the shame and expense of trial for
heinous crime, or for the County to
burden itself with the cost of such a
proceeding. 1t has been held by many
that this was simply doing over the
work which it was the duty of the
Prosecuting Attorney and the Justices
Of the Peace to perform. But the Grand
jury has other important functions be-
side those relating to the trial of crimi-
mails. Theoretically, it is a Committee of
the Whole on the State of the County,
and may properly investigate everything
off not ha l.,
being of the people of the County. 1t
would seem that such an organization of
representative citizens were necessary in
every County, and that its powers and
duties be extended rather than the insti-
tuition be abolished. The Utah Consti-
tuition allows the District Judge to con-
vene Grand Jury whenever he thinks
that the public interests demand it, but
it must not have more than seven mem
bers, of whom five can find an indict-
ment.
The Petty Jury is reduced in number
to eight, Of whom three-fourths can
give verdict in civil trials, but must
be unanimous in criminal cases. This
IS a doubtful experiment. Twelve has
been the regular number for more than
1000 years, and it seems hazardous to |
try smaller number. With all the |
faults and failures of the jury system it
is still unguestionably the best method
Of administering justice that the human
mind has ever devised. The most
serious problem is not the number of the
jury, but the means by which it is Sc
cured, and the efforts of all thinking
men should be devoted to improving
these. The plan of allowing a majority
to render a verdict was thoroughly
discussed in New York before the
adoption of the new Constitution last
year, and it was shown by conclusive
figures that the evils of disagreeing
juries had been grossly exaggerated.
The Per centage of failures to agree was
very small, and the Convention rejected
the clause allowing verdicts by less than
unanimity.
The Lieutenant-Governor has been
abolished, which is a decided reform.
There is no more use for a Lieutenant
Governor than for Vice President of
the United States. The Vice President
was one of the few mistakes of the found
ers of our Government, and the mistake
was copied by the founders of every
State. To give him something to do,
while waiting for the President to die,
resign or be incapacitated, he was set to
presiding over the Senate, which was
intrusion of the Executive into
the Legislative branch. This was only
so, however, for the Vice
President has hardly ever been in strict
accord with the policy of the President,
and if he had been the jealous Senators
would not allow him any influence upon
the course Of legislation. His duties
have been those of Chief Clerk of the
body, to carry out rules made for him
by the Senators, and announce results.
For the first 63 years of the Govern
nent he did not even dare call
Senator to order, and when the disorders
n the Senate impelled Willard Fillmore
% assume that privilege, at the earnest !
solicitation of the. majority of the Sena-
ors, he was severely attacked by others t
5or usurpation of powers. The Senate
would be much better presided over by