The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-08-15
Is Secrecy Public Policy?

b The question OF whether Messrs Baugh-
man., Lathrop and Clarke have q right l'f
is submit a minority report as members
Of the grand Jury 70 the court woula
seem to be decisivcly settled by the terms
.. Of the oath that the Virginia statutes
4 requires to be administered to the grand
Jury. The oath prescribed BY section 1851
Of the Code Of Virginia Is In the fol-
lowing language,
.You shall diligently inquire and true
Z 1,resentment make of ALL SUCH NAT
TIERS as. may be given you IN charge or
come TO your knowledge, touching the
present service. You shall present no
person through prejudice or ill-Will. nor
leave any unpresentment through; fear or
favor. but in all your presentmcnts You
!. shall present the truth. the whole truth
and nothing but the truth. SO help YOU
God"
Now is 1t plain that this oath con- con-
i templates more than the finding OF the
d indictments. 1t contemplates reports alo o'Ias
with indictments, for the language II
..you shall diligently Inquire and and
true presentm&nt make of all suc en- mar maj;
tiers as mag be- given you in charge o. 9
come to your Knowledge. touching thu
present service and they are then IN
structed to present the truth. the Whole
truth and nothing but the truth I tina
plainly contemplntes procedure beyon'
mere Indictment. 1t contcmplates Tn
grand jury's bringing to$the notice
1he court all that It thinks material Il
respect 10 the ..present service, and J
has been the custom Of grand 1urles II
Virginia time out OF mind to make re
ports to the court as we'll as to find IN
dictments. Each grand Juror Is sworl
10 present the whole truth" OF the case
and IL the majority are authorized an
required to present their idea OF IN
truth OF the case, tho minority, each on
being sworn to present the whole truth
must be- equally authorized and coT
manded to present TO tho court MS We
OF the truth OF the case, u his view 9
It Is different from the majority's vie'
of IT, Discussion, therefore, as to VIVA
may be the law Of the case In othe
states or countries are out OF place. Tn
question Is what is the law of Virgnif
and the law OF Virginia Is found In TIL
oath, which the statute OF Virginia direc,
each grand juror TO take.
II is perfectly plain, therefore, to ot
Inf of n anthOrls
each grand Juror to present to the cou
whatever In his opinion II Is Imperial
the court shall know, even II there
no indictments found. and that the thr
Jurors mentioned had the right to pr
sent the minority report which ths
brought In, and With all respect 10 JUDI
witt we think he should have recely'
It. examined II and filed IT amongst q
records of his court,
Itis equally clear to us that the graz
Jurors themselves had the right to ma
their report public, but having appeal
10 the Judge, they should abide his
cision.
II the proceedings OF the grand w
aru to be kept secret after the era
1nry is dismissed, 1t must be upon
ground OF public policy. hut the Virgin
Court OF Appeals decided In tho case
Little against the Commonwealth. q
urattan. s2l, 'tThnt grand Juror mil
t - required to give evidence that !
FIN statement a witness made upon the II
sSS was different from the statement he !
A nsds 70 the ssand jury That p