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

constitutions of nearly all the state
rom their beginning.
It's early purpose seems to have
been to protect the subject from tn;
persecution Of the monarch, and al
the same time to secure the prose-
cution of the powerful in their op-'
preston of the weak.
There seems to be comparatively
little. danger in this country, and att
this time, that the Individual will be
oppressed by the government. The
danger seems to be rather that So
ciety will not be protected from the
individual lawbreaker. And yet who
can say that we have arrived at that
state of perfection when it is wise
to dispense with any of our institu-
tons which protect individual lib
erty?
The grand jury is a protection
both to the individual and to society,"
No person can be put upon trial for
crime, save petty offenses, except
| upon the accusation of a grand jury
The character and the number of the
men composing the grand jury re-
duce to the minimum the chances
that innocent persons will be sub
jected to the expense and disgrace
of criminal trial. OF course inno-
cent men are often put upon trial,
but that must always happen under
any system-it is less likely to hap
pen under the grand jury system.
And then circumstances and cOndi-
lions are often such that even when
an acquittal results there ought to
have been a trial to bring out the
facts.
The character and numbers of the
grand jurors are usually such as
also to reduce to the minimum the
chances that the influential and
powerful criminal will escape prose-
cution.
The dangers, if prosecutions for
crime are left wholly to private in
dividuals, are, on the one hand, that
the courts will be filled with ground
less accusations, instigated by mall
ice or indirect motives, such as a de-
sire to collect debts; and, on the
other hand, that men will refrain
from prosecution because of timid-
ity, or fear. or corruption.
The discretion of determining what
cases shall be prosecuted may
be left with the states attorney.
But it is too great responsibility
to be placed upon one man, however
honest and efficient; the pressure
upon him will be too great.
With the grand jury, the chances
are greatly lessened that persons
will be prosecuted through malice,
hatred or ill-will, and that they will
escape prosecution through fear, IA
Vor, affection or reward. An extend
ed observation has satisfied me that
it is very rarely the case that a.
grand jury makes an accusation
which ought not to have been made
and it is more seldom that it fails
to indict when it ought to have inl
dicted.
In this state the grand jury peri
forms very important office outl
side of its inquiry into criminal
charges. 1t visits and investigates
the prisons and public offices and in
SIiIolloilS vi course It's lnV6StiS9-
ton is not very thorough, but it has
a wholesome influence. 1t often calls
attention to existing abuses, and
prevents other abuses which might
grow up. Slight surveillance and in
veStgation of public affairs is better
than none at all. 500
The usual objections made to the
grand jury are that it is curnber-
some and expensive. These objec-
lions are based upon it's size. If it is
valuable instrument of government
these objections are without weight.
Because of it's numbers it is chiefly
valuable. In so large a body of men
there are sure to be a considerable
number of wise and upright citi-
zens. 1t is an independent body, not
likely to be swayed in it's action bv
improper motives. The expensive
ness of the grand jury system is not
great in fact. And the money rea-
sonably used in enforcing law and
order and maintaining our institu-
lions is always well expended.
RASCAL r. BRILL.
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