Daily capital journal. (Salem, Oregon) 1903-1919, 1904-05-14
JOhnH. McNary Would
Have 1t Meet Once
a Year
He Says If Crimes Are Prop
erly Prosecuted There
Will Be No Occasion
for Mob Rule

SiuSu all MS ule AT Salem, ana JneTt
!. is some interest in his political views
The people have right to know where
! he stands on some vital matters re
lating to the discharge OF the duties
Of his office. To learn his views {
reporter called on him and asked
several leading questions and goi
answers as follows:
Q. What Is your position In regard
to having an annual session of the
Grand Jury before whom any citizer
can make complaints without becom
ing responsible himself for having
the Grand Jury called.
A. Under the law, as it exists in
this state, district attorney can file
and Information against a person
charged with a crime without refer.
ring the same to the Grand Jury.
cannot say that regard this as wise
legislation. If the office is filled by a
person who will do his duty honestly
0AAN ASaAAOooAy hO VNil MOulu lGSuil
therefrom, but in case the officer was
OF different character, the power
might be exercised by him in a dan
gerous manner | believe in the per-
petuation of the Grand Jury system
and II elected district attorney, will
call Grand Jury at least once a
year And oftener If there is busi-
ness of public importance pending in.
vestigation. Under the federal con-
stitution, man cannot be prosecuted
for a crime unless he has been in.
dicted by Grand Jury. can see no
reason why the same rule should not
apply with equal force to prosecutions
in state courts. The Grand Jury is
an inexpensive body. 1t is not ham,
pered in its Investigations by tech
nical rules of evidence and is there
fore enabled in many cases to reach
a better understanding of the matter
before them than petit juries are.
There are great many matters of
a public character in which the peo-
pie are interested in having investi.
gated from time to time, and be-
Heve that they would be better salts
hed to bring such matters before
the Grand Jury than to take the judg-
ment of any one man.
Q. Do you think lynchlngs are JUS
tifable under any circumstances, and
in your opinion, is a resort to mob
law ever to be encouraged or sane
toned by the officers of the law?
A. No officer of the law who has
any regard whatever for his oath
would ever think of encouraging or
sanctioning mob law. Lynchings are
usually caused the lax methods in
which officers administer the law, and
the people become tired of the delay,
and of the opportunities thereby Civ
en- a defendant of escaping. II off,
GERS are prompt and fearless in the
discharge of their duties, laws can be
enforced, and | feel sure the people
would have no occasion to resort to
lynch law; neither do | believe, as
rule. they would desire to do so.
Opposes Trlfiing Prosecutions.
Q. What will be your policy if
elected in regard to many OF the pros
ecutions that are brought before the
district attorney and generally end
only In saddling expenses on the tax
payers?
A. An officer, of course, is some
times deceived in cases that are
brought in the criminal courts but this
can be avoided in the majority of the
cases by using proper diligence in as
certaining their character before per.
mitting warrants TO be issued.
Although there are great many
annoying things connected with the
administration of the oftice-for in
stance, a great many people come to
the office of district attorney AMI
insist upon prosecutions that are
without merit. Some are aocuated
by desire TO get revenge upon their
nelghbors; others are anxious to have
a matter litigated in the criminal
courts that properly belongs to its
civil side. so that the county. other
than themselves. win be compelled to
defray the expenses of settling their
differences; others appear to have an
idea that the district attorney should
act as a kind Of guardian over all
of the bad boys In the neighborhood
and should arbitrate the differences
in the school districts between par J
ents and school masters. In these