The Saint Paul globe., 1897-01-06
POINTERS FOR THEM
JUDGE KELLY CALLS THE GRAND
JURY'S ATTENTION TO TWO
SUBJECTS.
TALK OF COAL COMBINATION.
FIT SUBJECT, THE COURT SAYS,
FOR INQUIRY AT THIS
TIME.
WINE ROOMS AND WOMEN, TOO,
Alleged Places of Public Amusement
if They Exist Here Proper
Subjects for Attention.

Judge Kelly instructed the grand
jury yesterday to ascertain whether the
coal dealers have effected a combine in
st. Paul to fix an arbitrary price upon
coal and forestall the market. In his
charge, Judge Kelly disclaims any per-
sonal knowledge of the existence of any
combination of coal dealers, but he de-
clares he does know that complaint is
universal, that the people of the Twin
Cities and of the Northwest have not
been fairly dealt with in this respect
Judge Kelly charged the jury as fol-
lows:
Mr.. Foreman and Gentlemen of the Jury:
AS required by the statute and by custom
the court at the beginning OF your labors
to point out, plainly may be, the powers,
duties and privileges of the grand jury.
In the first place, gentlemen, your office
is an important One-Second only TO the court
and the duties you are expected to perform
are sacred and delicate in the highest degree.
Without your action the arm of the law is
poWerleSS to suppress, to prevent or to pun
ish crime. But in your investigations, espe-
cialiy when reaching results, you should act
calmly, impartially, judcialy, seeing to it
that no man is prosecuted unjustly and that
no one is left unprosecuted through fear or
favor.
After reading the law ON the subject
and explaining the manner Of finding
indictments, the court continued:
The deliberations of the grand jury room
should be regarded by all as sacred trust.
You are sworn to keep ever secret how any
member voted on any que stion before you,
and | instruct you that it is also your duty
to keep secret well the subject matters
before you and considered by you, not only
while they are being considered, but after
wards. 1t is also breach of official duty,
and a contempt of court, for a grand juror,
county attorney or other officer necessarily
having knowledge of the fact, to disclose the
fact that an Indictment or presentment has
been found against any paticular person eX-
cept until the defendant is under arrest
In your investigation Of the prisons and
public Offices etc, of the county be as thor
ough as if it were your private concern. Per-
functory examinations had just as well not
be had, but a real looking into the affairs
of public offices is always healthy.
When 1 charged the grand jury at the Octo-
Der term, 1895, | took occasion to call atten-
tion to the disorderly character of so-called
wine rooms then run in connection with
saloons. charged that jury, and l do you,
that any place, whatever its name, whether
wine room, garden, place of amusement, or
what not, which is kept for the purpose Of
bringing together and entertaining lewd
women and prostitutes and men desiring thei1
company, and where such persons habitually
assemble to drink and consort together, is a
dlSorderly houSe-a public nuisance-and that
is true even though it cannot be shown that
riotous or disOrderly conduct is INDUCED in
or that people in the neighborhood are dis
turbed thereby.
While I glad to say that owing to the
vigorous and prompt action of that grand
jury the evil of such disorderly houses has
ceased in great measure in st. Paul, yet If
recent statements in one Of the morning
daily papers are to be relied on it may still
be found in some alleged places of public
amusement At any rate, l advise you to in
quire into any such cases. if they exist, and
into all cases of disorderly houses of every
kind.
There is another question of vital impor-
tance to the people. to which 1 direct your
attention:
BY the statutes of this state it is public
offense for any corporation, partnership or in
dividual to create, enter into, become a mem
Der Of or party to any pool trust, agreement,
combination or confederation with any other
corporation, partnership or individual to reg
ulate or fix the price Of oil, lumber, coal,
grain, flour and provisions of any kind-Or
to create, enter into or become party to any
such combination to fix or limit the output of
any commodity to be made, produced or
sold in this state: In other words, this law
forbids unlawful combinations to control the
markets in articles especially of prime neces-
sity to people, like coal and provisions.
l do not know whether there exists, or has
ever existed in this county, any combination
among the dealers IN coal, for example, to
fix arbitrarily a price beyond a fair equiva-
lent therefor, and thus extort money from the
consumers. But this l do know, that COM
plant is universal that the people Of these
two cities, and Of the Northwest have not
been fairly dealt with in this respect.
If unlawful combinations exist, of this Sort
TO foreStall the market in any or the prime
necessities of life here, and you can obtain
sufficient and competent evidence to locate it,
do not hesitate to point out the wrongdoer.
In this cQnnection l hand you a clipping from
one of our daily papers of very recent date
which may be useful to the grand jury.
But act with care and prudence and do
not allow suspicion to take the place of legal
evidence. In any event full and fearless
investigation by the grand jury can lead
to none but good results, if it vindicates the
innocent and points out the guilty. The
trusts and combinations, whatever their
names, which first create artificial condi-
tions and then take advantage of them to
oppress the people are public enemies. And
If the law is not such as can reach them, the
sooner it is made effective by both the legis-
lature and judicial departments of the gov
ernment, the better for all concerned.
The grand jury, which has been sub
jected to some changes a few of those
gentlemen first summoned having been
excused, is composed Of the following
citizens:
A. F. Driscoll, foreman Samuel Brandt
Joseph w. Blabon Edward A. Commack
Arthur B.. Driscoll Paul D. Ferguson Michael
Mealy, John H. Roach, Herman Scheffer
Datus F. Brown, E. ]. Schurmeier, J. L.
Lowering, Jacob Mathes, A. A. McKechnte
Gardner S. Moore, Robert L. Miller, E. N
Saunders, G. 7. Schurmeier, Robert G. Nc
Kay and Charles Liedmann.
The grand iurV adjourned af Onna