Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1896-02-06
GRAND JURY CHARGE.
Judge Springer's Address to that I'm.
portant Body.

u VI
You have been chosen and
sworn as grand jurors for this term
Of the United States court, in the
northern district of the Indian
Territory. 1t is your duty to make
inquiry, investigation and report
upon all violations of the criminal
laws which are enforce in the Ind
ian Territory. Criminal law is divid-
ed into two classes. The first class
is known as felonies and the other
as misdemeanors. The statute has
conferred upon the United States
commissioners for this territory
concurrent jurisdiction with this
court to hear and finally determine
misdemeanors. 1t is the COM
missinsr's duty to hear and deter
mine all cases of misdeanors; and
when persons come before you to
make complaint in regard to such
misdemeanors, it will be your duty
to refer them to the commissioners.
There are certain cases punishable
under the statutes, of which indi-
vidual citizens frequently are in
disposed to make complaint and
institute proper prosecution, for
the reason that the law provides
that the prosecuting witness shall
give bond for costs in case the
prosecution fails. This fact fire.
quently renders the prosecution of
certain misdemeanors ineffective.
You are authorized to investigate
cases of that kind and present
them to this court.
The cases that will occupy most
of your attention are felonies; and
it will be your duty to investigate
all cases of that kind which are
cognizable in this court. There is
one class of misdemeanors which
it may be important for you to in
vestigate, and about which there
has been some doubt heretofore as
to the jurisdiction of this court. l
refer to the statute which makes
it a penal offence to carry weapons
in the Indian Territory. Those
offenses are designated misde-
meanors, but commissioners have
been in doubt as TO whether per-
sons, who are members of any In
dian tribe or nation, are amenable
to that law. 1t is the opinion of
this court that all persons in the
Indian Territory are amenable to
the law prohibiting the carry
ing of weapons, for the reason
that it is an offense against society
and a menace to all good people.
1t is a practice which is very rep
rehensible and which results fire.
quently in crimes of blood shed
and murder. Persons ought to
know and they must know that
the law furnishes them a sufficient
means of protection from outrage
and wrong, and it is the duty of
every good citizen to rely upon the
law for his protection, and not to
arm himself to execute the law
according to his own caprice and
passion. 1t will be your duty,
therefore, to present all cases of
that kind, no matter what the ma
tionality of the offender may be,
in order that all persons and cit
izens in the Indian Territory may
be put on an equality so far as the
law is concerned, and in order to
show that this court has been es-
tablished for the purpose of main
tanning peace and good older.
There are some telonies that are
not cognizabls in this court, and
which are to be tried by the United
States court for the eastern district
of Kansas and by the United States
court for the western district of
Arkansas. As the line of demark-
alton between cases of that kind
and cases which come before this
court is very finely drawn, you
will be governed by the advice of
the district attorney as to cases
that are cognizable in this court.
There are two reasons for in
stituting investigations such as
you are about to enter upon. One
is for the purpose of redressing
wrongs as private individuals, the
wrongs which private individuals
may receive to their persons and
to their property. But the most i'm
portant of your functions is to pro-
tect society, and to present all Of
tenders in order that society at
large may be protected from
wrongs of every kind. tits there
fore your sworn duty to act as ser
wants of the people for the protec-
ton of them from wrong and out
rage of every kind Your juris-
diction extends to that portion of
the Indian Territory comprised
within the limits of the northern
district of the Indian Territory,
which embraces the Creek, Semi
mole and Cherokee nations and the
lands known as the Quapaw In
dian reservation. But as there
are four places of holding court in
this district, you will confine your
investigation principally to that
part of the Indian Territory which
is tributary to this place, assum-
ing that other grand juries in other
parts of the district will give more
special attention to their imme-
diate localities. But whenever
case is presented TO you that comes
within the jurisdiction of the
northern district, you will
not fail to present
it on account of its want of prox-
unity to this place. You are pre-
sumed to have a general knowl-
edge of the locality in which you
live, and all persons whom you
know to be guilty of violations of
the laws upon your own informa-
tiou.you are authorized to present.
You are authorized and required
to make presentment of all cases
which may be properly submitted