The Montgomery advertiser., 1901-07-07

is 1t that forms, the grand 1urie1 or tnis county? And who Is 1t that selects and provides for the selection of the petit juries? The jury system of Monsgom- cry County was established by the rep resentatives of Montgomery County and if they we're not satisfied with the plan adopted or if, under the law, prop CT and competent grand jurors are not selected. the fault does not lie with the law. but in the statutes under which the grand and petit jurors are drawn.
 MT. Oates-I desire to correct the gen. tleman. My remarks did not apply alone to Montgomery. but were gen. eral.
 MT. Coleman (areene)-The gentle man referred to cases in Montgomery. and say the delegates to this Conven- tion must remember that if competent jurors are not selected 1t is not de- ficiency in the organic law of the State but is owing to a defective plan of sez we admit of this innovation, this strik- ing down of the protection between the power of the courts and the liberties of the people because the statutes of the State are not remedied or improved?
 That is a matter wholly within the discretion of the Legislature. They can select and provide for the selection of 1t and competent persons. As 1t Is now, names are put in some box and are drawn out at random, and that is the defect not in the organic law, but from the fact that in drawing them out, they are not able to reject any of the names. and thus you get incompetent grand jurors and petit jurors to try the cases trust the delegates to this Con- venti6n will consider well before they put the power in the court or the prose- outing attorney to start these prosecu- tions. have time and again felt the desire to exercise this power, but as grow older and have retired from interfering or practicing in that kind of cases and consider the condition of our country. I realize itis better to suffer the ills we bear than to fly to others we know not of.
 MT. 'oates-I would like to ash the gentleman this question: Notwith- standing we have had a great many lynchings in Alabama. does the gentle man know of any case where the grand jury ever returned an indictment. ex. cept that single one in Washington County.
 MT. Coleman-If the gentleman will go and look at the rolls of the peniten- tiary, he will find there q number Of men that I had sent there for that Of" fense.
 MT. oates-For lynching?
 Mr. Coleman-For whitecappinE
 MT. Oates-I asked for lynching-
 Mir. Lowe tJefferson)-Does not the gentleman think that whatever tnhu- ence might be brought to, bear to pre- vent witnesses from appearing before grand jury and securing an indictment would also prevent them in general trials and that prosecutions under this system would be a failure after all in most cases?
 MT. Coleman--I do not doubt 1t but look at this question from a broader standpoint. It is whether the poor man without money has the protection afforded to him by the intervention Of a grand jury. It Is manifestly unjust to trust a prosecuting attorney with his association and influence with the judge to say when and who shall be proceeded against by information. Where does the judge get his informa- tion? Is he to examine the witnesses and have an ex parte investigation Of the case? Must not he necessarily de- rive his information from the prose- cutting attorney or else institute pro- ceedings ex parte or have a prelimt- nary trial. Even in the Federal Court the information filed by the district attorney proceeds upon 6 finding by the grand jury. do not say 1t posi- lively, but I do not think there Is a State where the liberties which are se- cured to the people by the intervention of a grand jury are not recognized and 1t Is a most dangerous innovation and I protest against this Convention strik- ing down this palladium for the people of this State.
 Mir. Pettus-I now renew the motion to table the amendment.
 Mir. Howell-On that call for the yeas and nays.
 The delegate from Cleburne withdrew the call and the call was renewed by MT. Oates and was sustained. and the roll esii resultsd as foll2Ms: