The Cook County herald. [volume] (Grand Marais, Minn.) 1893-1909, 1904-10-22
SHALL We ABOLISH The GRAND JuRY7

SHALL WE ABOLISH THE GRAND JURY7
In last weeks Herald it was proposed
(fQr the sake of argument, and not as
advlce) that we vote "no' on the pro-
posed constitutional amendment for the
abolition of the grand jury system. The
effect OF the proposed amendment is
explained on the last page of this
paper. The Duluth Evening Herald
discusses the proposition at length in a
recent number. Judge J. u. Ensign, of
Duluth, is the father of the amendment,
and, after giving the matter thorough
investigation and being strengthened in
his convictions by long experience on
the bench, he Is strongly 10 favor of the
change proposed.
He has correspondent with various
state and county officials and among
those who favor the change are men
whose positions make them experts, as
it we're, upon the question.
Judge u. B. Searle of the Seventh
Judicial District favors it.
Henry Wolfer, warden of the Mime
sofa state prison, favors 1t.
Frank L. Randall, superintendent of
the Minnesota state reformatory at St.
Cloud, favors it.
Macy instances of injustice done to
men accused of crime and of MISCARRIAGE
OF justice, are cited.
Ii the position taken by the advocates
OF change is sound, and there appears
to be merit in : heir contsntions, Cook
county ought to be with them. Owing
to the fact that in this county there is
only ono term of court annually, the
princil al reasons given for change
apply with greatest favor in this county.
AS an Illustration of the unnecessary
expense and cumbrous working of the
grand jury system the Herald refers to
case in this county of two men
arrested year or more ago, one on the
charge of larceny and the other on an
assault and robbery charge. Both were
duly indicted by the grand jury and
were held for some time in the county
Jail awaiting trial. One of the mon en-
tered plea of guilty and was sentenced.
After the grand jury had made its re-
port and had been dismissed the other
man, who was held under two indict-
ments, demurred to the indictments.
The demurrer was sustained by the
court. the indictments not having been
made out quite in the form required by
law and it was necessary to call another
meeting of the grand jury. The man
was again indicted, tried, convicted and
sentenced, but it cost the tax payers of
Cook county pretty figure.
Claus C.. Monker, clerk of district
court in Cook county, in answer to a re-
quest from Judge Ensign for statement
of the expense of the prand jury in the
instance mentioned gives figures show
ing that the total cost of both grand
juries in this case was $295.48.
This is some evidence in favor of the
change. AS stated by us before, pro-
posed constitutional changes are always
important and demand the voters most
serious attention. This one is no .excep-
ton. To be just to ourselves as citizens
and to tho community as a whole we
must weigh accurately the pros and cons
and be careful what we do.
Notwithstanding these reasons that
commend the change to the special con-
sideration of Cook county voters, a
possibly very serious objection to such
change suggests itself. As explained by
Attorney General Donahower, the pro.
posed amendment means that instead
of Indictment by grand juries county
attorneys shall have the power, upon
information issued bythem, to cause the
arrest ana prosecution of persons sus-
pected Of crime. The risk of unnecessary
public expense and delay in the fulfill
ment OF justice under the present grand
jury system is less serious than might be
the consequences of investing any one
man with such grave responsibilities. It
is easier for twenty-three men, sworn to
faithful performance of that special
duty, to formally accuse fellow-clt1zen
of crime and place him on trial than for
any one man, and the performance of
such duty is fraught with less un-
pleasant consequences to them individ.
ually, than to one man performing the
came duty on his own motion. There
follows, then. as natural consequence.
the danger of failure OF justice. in giving
to county attorneys this authority. 1t