The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1897-01-22

have a county judge in every County,
who could hold his court every week,
if need be, and before whom persons
charged with crime could be prosecuted |.
on information without the useless and =
dilatory intervention of grand jury. |
This would do away with so many
woulG very considerably diminish the
amount of witness fees. A jury would
then be impanelled only when needed,
which would he another great saving,
for that is another enormous item in
criminal cost.
In 1895 Maury County paid $4,93S75 to
Understanding grand jurors-while
Shelby County paid out the large sum
of $l2,OO7.75 for the same purpose, and
neither of these sums include the
amounts paid by the State for the board
of iuries.
While it would be the duty of this
county Judge to administer the criminal
| law, such business as is now transacted
by the County Chairman, could be at
tached to this office, thus effecting a
simpler, better and more economical
system.
1t is not the purpose of these articles
to go into the details of any proposed
change, but only in a general way to
point out the lines upon which reforms
may be accomplished.
If the grand jury system were abol-
ished and in its stead the above system,
or one something similar, adopted,
another great saving could be made to
the State and County in Jail fees. AS it
is, negroes and poor persons, a large
number of whom are unable to give
bond, are indicted by the grand jury,
and in the great majority of cases for
small offenses, and after adjournment
they are arrested aud put in jail and lie
there till the meeting of the next Court
(three months), aud if the case is con-
tinued for any reason they remain in
Jail another three months at great eX-
pense to the State and County. And
the same is the case with persons ar
rested on warrants of Justices of the
Peace. They are often unable to give
bond when bound over to the Circuit
Court consequently they have to lie in
Jail till the grand jury acts on their
cases, and if indictments are found they
, rem ain in Jail till their cases are dis
[ posed Of. These jail fees are another
heavy draft upon the public money
In 1895 Maury spent in Jail fees $4
, $500 County, 2,547.2O: State, $l,9SOSO)
This amount is for Jail fees only; that
is, the keeping of prisoners, and for
nothing else. The total expenses of the
, Jail in Maury County for the year 1885,
was $5,732.79.
r This system is not only very eXpen
sive to the State and County, but very
: cruel and unjust to the unfortunate
transgressors of the law, and especially
, so to those who have offended only in
small matters.
, While we think it desirable, both fol-
, justice and economy that the grand
jury system be abolished, yet this can
not be done without a change in oul
, constitution. Art. l, Sec. IA of Oul
r present constitution provides, "That ne
{ person shall be put to answer any Grim.
: inal charge but by presentment, in
= dictment, or impeachment" The Sen
ate of our General Assembly, presided
f over 10y the Chief Justice of the Supreme
rpnrt is thn Court pf n n T1oa n,
y the trial of all impeachments provided
for by our constitution. present
! ment and indictment" means forma
= criminal charge preferred by a grand
q jury according to the common law
: 1t is thus seen that the grand jury i,
o fastened upon us by our constitution
o and that it stands in the way of very
= desirable reforms. Many States hav,
abolished this cumbrous system, anC
o every reason of justice and economy
: urges us to follow their example ant
q then, too, the speed with which justic
could be administered would in grea
n measure wipe away the reproach which
a the dilatoriness of the present system
f has brought upon the law.
q There are some other features in tn
h administration of our criminal Law
which we desired to touch upon in thi
=. paper, but, on account of the length o
this article, we will postpone the turtle
o consideration of this subject until mex
q issue. SAM HOLDING.
. 4 BUSINESS SESSION.