Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1895-01-31

summoned to attend a sitting Of the
court, and upon such petition the
statute declared unequivocally, 1.-THE
Judge shall order grand jury drawn
and summoned to attend upon the
sitting of the term of court for which
such grand jury is desired by the pc
titioners.
There is no discretion LETT the
Judge. To enable him, or to warrant
the consideration Of these adverse
petitions, an essential and material
change in the words Of the statute
would be required.
For example, if the statute had pro-
cided that the district Judge should
order a grand jury drawn, etc, upon
presentation to him twelve days be-
fore the commencement of the term,
of petition of one hundred taxpay-
ers for that purpose, provided the
Judge shall not determine upon adj
verse petitions or other evidence that
no grand jury is necessary, this
would enable the Judge to consider
and give effect to adverse petitions.
But no such provision exists, and
there is no authority conferred on the
district Judge by this statute to CON
slider the conflicting desires of taxpay-
crs on the subject of calling a grand
jury
There have been several changes in
the law providing in what manner
grand juries might be convened, but
in all the changes there has never
been any provision for the creation in
respect to this matter of an adversary
case, in which the grand jury is to be
called or not, depending upon a deci-
sion between opposing views.
In the early history of the state q
grand jury was empaneled at each
term of the court, not by any order OF
the Judge but by force Of statute. 1t
was part of the usual machinery OF
the court for the investigation of
offences and the presentation to the
court for trial Of persons accused Of
crime.
Later it was provided that no grand
jury should be summoned unless or
dered by the court. See statutes 1868.
Still later the statutes provided that
grand jury should be ordered by the
judge on the request OF the county
commissioners, claws 1872
The latest change provides that
grand jury shall be ordered drawn
and summoned upon the petition of
one hundred taxpayers Of the county
presented to the Judge twelve days
before the term commences, unless he
has, one month prior to the COM
mencement of such term, filed a GER
tilicate declaring such grand jury I'M
necessary.
1t was argued at the hearing that
the Legislators made a mistake in re-
quiring the decision of the Judge to
be certified at least one month before
the term Of court should begin, and
that it was the purpose Of Legislature
to enable the Judge to institute an in
quiry into the necessity for a grand
jury after that time and upon the
taxpayers petition. If this was the
purpose Of the lawmaking power, it
has succeeded in enshrouding that
in profound mystery. And
II it made a mistake the same power
that made it is alone competent to
supply the correction.
The word "month' means a calen-
dar month, see act concerning the
Of statutes, Chap. 1914,
General Statutes "Where the
statute is plain and unambiguous
there is no room left for judicial CON
struction so as to change the language
therein. !"
Ayers vs.. Co. Comrs., Of Trego Co.,
81 Kansas "a; 1.-The true way for
courts to ascertain the legislative in
tention is to observe and be guided
by the language Of the statute; If this
be clear and free from ambiguity there
is nothing left for interpretation"
Fitzpatrick VS.. Gebhart, 7 Kansas
30.
There is no doubt or ambiguity in
The meaning Of the words used in the
section of the statute under consider
ltioni to import into it the purpose
for would clearly require a
change Of some words and an inter-
Dolation Of others. This would not
be Interpretation but judicial legisla-
ion.
But think the legislature enter
aimed no such purpose as that con-