St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-03-24
WALTER L. CHAPLIN.
Until Recently Assistant Corpora-
ton Attorney.

Assuming that the recent change
In the law of South Dakota abolishes
the grand jury system and devoIves
It's duties on the county attorney "a
change of which I have no other
knowledge than that impaired in
newspaper clipping shown me by a
representative of the GLOBEO. it
marks an important and momentous
departure, in that state, in the forms
of criminal procedure to which we
nave been accustomed, and which
have received the sanction of 700
years of usage.
The most important function of the
grand jury is to return indictments
against persons accused of crime.
without which indictment no one can
be forced to undergo trial on the
charge made. Persons are indeed
commonly subject to trial on minor
charges involving small fines or
short terms of imprisonment in iail
without indictment, but crimes in
volving great moral turpitude, or
conhnement in the state prison, re-
qulre an indictment by grand i,lrv
before the accused is to be brought
to trial, and on the Indictment are
Endorsed the names of the wit
nesses on whose testimony the in
dictment is based.
1t seems to me the change pro-
posed is a great blow at the liberties
OF the people, and takes away one
OF the most important safeguards of
liberty. 1t is true that under the
present system men charged with
helnous offenses are at once arrested
on sworn complaint of any one
usually in the discretion of the
prosecuting officer or a Justice of the
peace and given a preliminary hear
ing before a magistrate, who, on
probable cause shown, may commit
them to jail Subject to bail however
except In extreme cases. to await
the action of the grand jury. But
IL the grand jury then fails to in
dict, the accused is discharged with
out trial. Ones freedom is thus
subject to be invaded, but ONLY con-
d1tionally, and the stigma which at
taches to an Indictment does not
follow him, nor is the expense of
final trial entailed.
Again, all proceedings before q
grand jury are secret, and accusa-
lions may be made and investigated
which, If found not true, create no
public scandal. The combined wis
brought to bear, and men mindful
Oh their oaths are slow to blast the
reputation of a fellow man on I'M
substantial charges. They may also
exercise wise discretion, and the
Judgment of the grand jury is apt to
be the judgment of the moral sense
OF the community. The accused can
not present evidence before them. the
| prosecution only is represented but
a mans liberty and fair name are
usually safe in their hands unless
/ probable guilt is shown.
1t is doubtless true that a con-
sclentious cou1sty attorney, invested
| with the powers of the grand jury,
| might succeed in securing such a
rigid enforcement of the law as
would result in benefit to his COM
munlty But what a responsibilities
! What terrorism he might exertl
ana what terrorism might be exert
ed over him! He must indeed be a
strong man and of the clearest judg-
| ment who could thus deal justly with
his fellows, and mistake on his
| part may ruin the lives and fam
| lilies of others.
The opportunities of Matchmaking
|. by dishonest man, appa1 the con-
| temptation. And who passes on the
| acts of the county attorney? Until
| all crimes cease to exist, dishonest
men will be apt to get into Office.
| In such a case a dishonest county
| attorney could head a ring of bood-
| lers and .blackmailers worse than
| any yet seen.
Again, one man may not remain
| entirely unaffected by the pressure
| of outside social influence brought
| to bear, especially if the proceedings
| are not necessarily secret, and the
| force of the public passion or sem
| timent of the moment is a factor
which a grand jury only might best
withstand. In the case of riotous
| proceedings in labor troubles the
public pressure and possible. person
| al danger of the prosecuting official
himself enter into the question as
| affecting the officers performance of
his duty, depending, of course, on
| the kind of man in Office. But why
substitute such a system for one
by which these things are avoided,
and which has stood the test among
the English-speaking people since
the time of Henry IL?
WALTER L. CHAPLIN.