The Saint Paul globe., 1905-03-03
SENATOR'S Wax HOT
OVER GRAND JURiFS
Hold Spirited Debate Over Bill
introduced by Senator
laybourn

with grand juries unless the court sees
mt TO summon one, or the majority of
the board of county commissioners re-
quests one or 100 electors of the county
petition for a grand jury to convene.
In behalf of the bill Senators lay
bourn, Wilson and Morgan argued ear
nestly, contending that ii did not abol-
ish the grand jury system. that grand
jury was an irresponsible body, that 1t
delayed the administration of criminal
law, entailed unnecessary expense and
gave the indicted party no chance for
hearing of his side of the case, be-
cause of its ex parte hearings.
On the other side, the bill was vigor-
ously and oratorically opposed by Sem
ators Somerville, Fitzpatrick, Thorpe
and Schaller, who extolled it as a bull
wark of American law. which were
a Sacrilege to destroy or curtail.
The bill was the first and only meas
ure reached on general orders, with
Senator Peterson in the chair.
Laybourn Speaks for His Bill
Senator Laybourn, in support of his
motion that the committee of the whole
recommend the bill to pass, declared
it did not abolish the grand jury, nor
did the constitutional amendment
ddOPlCu Dl lnC NOACIS dl tic last ClcC-
tion contemplate abolishment of the
grand jury, though many voters so un-
derstood ii through press comments.
Yet in spite of that misunderstanding
the amendment had prevailed by a
large majority in every county of the
state. In Hennepin county the amend
ment had received a majority OF Is, ,000
With such an Endorsement" added
Senator Laybourn, II have no hesita
ton in asking for the passage of this
bill. Its provisions were adopted In
Michigan in 1857 and in Wisconsin in
1871, and under it prosecutions for
crimes have been speedier and more
economical"
Senator Somerville was prompt in
defense of the grand jury system.
IF this bill was passed." declared the
senator from Sleepy Eye, We would
rarely have a grand jury in Minnesota.
A judge of the court could not call Il
grand jury without investigating a
case. and then he becomes partisan, for
judges are but human. Does anybody
believe a county board will ever re-
quest the convening of grand jury?"
Senator Somerville quoted from the
United States constitution, providing
for indictment by grand jury and
conviction before fine or Imprisonment,
and urged that the Laybourn bill rem
dered everything dependent upon the
prosecuting attorney, who was depend
ent on the people for his reelection.
Thorpe Thinks Bill Dangerous
Senator Thorpe said he regarded the
bill as dangerous measure and would
vote against il.
Senator Fitzpatrick followed with an
impassioned plea in behalf of the re-
tention of the grand jury and against
the bill. He thought the bill would
work the destruction of the grand jury.
The grand and petit jury system Is
the best ever devised by man." declared
the senator from Winona. IF the sem
ator from St. Louis county is a friend
of the grand jury system, why does he
offer this bill? Hundreds of years ago
William the Conqueror suspended its
operation, and some of our ancestors
did II Tor the purpose of benevolent
assimilation of our rights and property.
Even today there is no grand jury in
Russia. But it's an old institution. and
there's nothing good in a republican
form of government that isn't old.
Senator Fitzpatrick referred to
youthful county attorneys, who were
frequently full of zeal and instituted
technical prosecutions and overlooked
cases that a grand jury would not
pass by.
Senator Wilson of Minneapolis spoke
as one with authority to discuss grand
JufleS from observation.
Says People Were Wise
Il am unquestionably in favor OF
this BILL he said. 'T can't take the
position that the people didn't know
what they were voting for when they
adopted this constitutional amendment
at the last election. That is a reflection
on their intelligence. In Hennepin
county the vote was to 1 in favor of
the amendment.
Look at the records in Hennepin
county. A grand jury there indicted
thirty-two persons, yet not evidence
enough TO the conviction of one could
be found! Talk about the protection
the grand jury has furnished innocent
people l say the grand jury has out
lived its usefulness. Why it's a twin
sister TO the old inquisition. It's out
of harmony with present institutions.
1t conducts secret inquiry against a
man without giving him a chance to be
heard. Is there a more irresponsible
body than a grand jury? 1t can do as
ii pleases- Does anybody say the
criminal law isn't administered as well
in Wisconsin and Michigan, where
grand juries don't figure. as 1t is in
Minnesota? Why, Jerome in New York
city couldn't have accomplished what
he has If dependent entirely upon a
grand jury"
The senator here made sarcastic ref
erence 10 a NOTED grand jury in Hen
nepin county. whose members were not
friends Of policemen and women of the
town, and who indicted some of them.
But where is the chief of them
alp exclaimed Senator Wilson. Walk
ing the streets with every indictment
against him nolled. / rebel against a
body of men wholly irresponsible"
Senator Morgan indorsed the Lay
bourn bill as a step forward, but Sen
ator Barker opposed it. If public COM
plant was required before a magis-
trate, the senator from Isanti thought
many criminals would go unpunished.
The senator also urged the educational
benefit TO the people in the convening
of grand jury.
Senator Schaller closed the debate
with an animated Endorsement of the
grand jury and a protest against the
bill The very irresponsibility of the
grand jury, which rendered ii inde-
pendent of appointive or elective power.
was. he contended, the best argument
in its favor. II was the only system
under which the private citizen had a
right to participate in the government
of the people. There was no grand
jury in Russia, France, Spain, Ger
many, Rome nor Greece
The hour OF 1880 p. m. having ar