The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-08-16

TN SAYING farewell to a recent
grand jury Judge Bregy Of the
n Philadelphia bench gave express
sion TO certain opinions touching
the continued usefulness Of that instl-
tuition of the criminal law which were
purposely put forward to invite dis
cussion. After alludlng briefly to the
social conditions existing at the time
when the grand jury was created, con-
dltions which made secrecy in its de-
liberations a necessary safeguard or
the complaining citizen, he continued:
At the time OF the establishment OF the grand
Jury people were prosecuted because they dit
fcred with the powers in control. II was deemed
advisable for the safety and protection OF the
citizen that the grand jury be impaneled, the
members being selected from the midst OF the
community at large, and where secrecy pre-
vailed and the action OF the grand Jury was
final il it resulted in the discharge of the ae-
cdsed. This ancient custom continues 20 the
present day. 70 my mind, for some time past.
there has been considerable doubt as to whether
the time for the existence of the grand jury
had not passed away, or at least that there be
some modification of the present system, espec.
tally in so far as relates TO the secrecy observed;
that is, whether these sessions ought not to be
opened to the public, as all other branches
Of the administration Of Justice. II Is a secret
tribunal, and no one properly knows what goes
on, the sessions being held behind closed doors.
1t is grave question to my mind whether that
peculiar feature should not he abolished, so that
the public can know the nature OF the testi-
mony on which the grand jury acts. II is a
question to be considered whether this is quite
In accord with our present system Of the ad'
nnstration Of Justice, ard makes it possible
for the grand Jury to be criticised, condemned
or commended for something the nature Of which
no one knows II strikes me as we'll worthy Of
great deal Of consideration on the part OF
those having charge Of the molding OF our laws,
the making Of our Constitution, etc, whether
there should not be some alteration with regard
to the oath OF secrecy taken by all members Of
the grand Jury.
But Judge Breezy did not stop at this
point; he continued:
II is also a question to my mind whether
there Is any need for the existence OF the grand
jury at all. All the grand jury now does amounts
simply TO the sitting out of the returns made
by the magistrstes-that is, TO determine wheth.
cr or not their action was right. II they knew
that their work was not to go through your
hands they might he more particular and exer.
else more care In the discharge OF their duties.
II there was no grand jury the bills of indct.
ment could be prepared by the district attorney
and brought into court and openly tried. This
might increase the number OF bills to be tried
and the public could see all that was to be
presented against the accused and il the evil
dence did not warrant the finding OF true
bill, the presiding judge would instruct the
petit jury TO acquit. II would put every man
charged with an oIensc on trial before a jury in
open court, where the public could see and
know what was going on In doing this /
don't see where any injustice could be DONE
We are not prepared to hazard an
absolute opinion upon this subject
without more inquiry than 1t is usually
the layman's lot to make. But mas
much as the conservative way is usual
ly the best way in matters of court
changes would It not be wise to pro-
vide a substitute for the grand Jury
before deciding to do away with it?
Judge Bregy must admit that the
grand Jury still is useful in keeping
out OF court hundreds of petty cases
which would otherwise clog the dock
cts. Where could this power of sift-
ing the substantial from the unsub-
stantial cases be more safely lodged
than in tribunal drawn directly from
the people and changed in personnel
each time? To lodge so great a power
with any one official would be a step
toward imperialism.