Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1895-01-31
GRAND JURY CALLED.
JUDGE JAS. HUMPHREY DECIDES
THAT HE HAS NO DISCRETION.
The Statutes, He Says, Compel Him
to Convene the Jury in Spite Of
Remonstrances and Claimed Unnec-
sssary Expense -Precedents for
This Decision.
From Saturdays Daily.l

JuuSe james humphrey t0uaV hieu
with the county clerk an order for a
grand jury to sit at the coming term
Of district court, to meet Feb. 5. Ac-
companying the order is an extended
opinion giving his reasons for ignor-
ing the remonstrance. In ii he holds
that he has no discretionary power
under the law and must call the jury
II properly petitioned
THE COURTS OPINION,
On the goth Of January 1895, a Pc
tition was received by me, signed by
l4l names, purporting to be taxpay-
ers Of Dickinson county, requesting
that grand jury be ordered to be
drawn and summoned to attend the
sitting Of the district court in Febru-
airy, 1895. Appended to this petition
is certificate Of the deputy county
treasurer, W. A. Matteson, to the ef-
| feet that so far as can be ascertained
the names subscribed to the petition
are names of taxpayers of Dickinson
county, Kansas, with possibly one or
two exceptions.
There has also been received stimuli
taneously several petitions, signed by
persons purporting to be taxpayers
Of said county, referring to the petit
ton first named and stating that the
petitioners believe that the calling of
a grand jury for the February term
Of the court is unnecessary, and
would be a great burden to the tax
payers, and requesting that hearing
be granted before deciding upon the
matter. Such hearing was appointed
for the oath inst. AT which the coun-
ter petitioners were represented by
Mr.. C. +. Mead.
In addition to the last named petit
ton the members of the county
board addressed me on the subject,
Directing to the calling of grand
jury, urging as reasons therefor, the
extra burden of expense which it
would entail upon the taxpayers, the
fact that the levy of last year did not
anticipate nor provide for it, that no
reason was known to them, in the
present condition Of the county, 50
far as crime Is concerned that re-
quires grand jury now more than
in the past, and that the present con-
dition Of the people requires that the
burden of taxation be made as light
as possible.
The petitions against calling
grand jury are signed by quite a
number Of persons who are among
the heaviest taxpayers in the county,
and who are in no wise chargeable
with indifference to the maintenance
of the laws and public order in the
community. If the statute on the
subject permits fair consideration
of these objections they are justly en-
titled to great weight.
1t is evident that they have been
made under the supposition that the
calling of grand jury under all cir
cumstances is in the discretion of the
Judge, and may be determined by him
counting the number of taxpayers
pro and con. The statute on the sub
jcct reads
A grand jury shall hereafter only
be ordered, drawn and summoned to
attend the sittings in the district
court in any county in the state as
hereinafter provided. In each organ |
lied county of this state a grand jury |
shall be ordered, drawn and sum-
moned to attend any sitting of the
district court of any county when a
petition signed by one hundred of the
taxpayers of the county praying for
said grand jury shall be presented to
the judge Of the district court Of said
county at least twelve days before the
commencement Of the term Of court !
~ w'',cl' sucn granu jury may De oe-
such petition the judge shall order a
grand iury drawn and summoned to
attend the sitting of the term Of court
Tor whlch such grand Jury is desired
~ sor id e'', ,hiD so, u,""" ror s
drawn and summoned in the same
manner AS Jurors for the district