The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-03-04
SENATE PASSES THE
GRAND JURY BILL
Measure Allowing Prosecuting
Attorney to File informa.
ton Goes Through


dispensing with grand juries, unless
they are convened by special call of
Judge of the district court, by order
of the majority of the county board or
by a petition signed by 100 electors OF
the county. The bill, together with
three other kindred measures relating
to proceedings in criminal cases, was
the special order at IL o'clock in the
forenoon.
Senator Horton occupied the chair.
Senator Wilson began the ensuing de-
bate by moving the adoption of his
amendment offered Thursday, which
provided for summoning a grand jury
on a petition signed by 100 qualified
electors, instead of ESQ, as specified in
the bill. The amendment was
adopted.
Senator Wilson then offered another
amendment, providing that in judi
cial district comprising more than one
county, any judge in the district may
convene a grand jury. 1t was also
adopted.
Senator Lord offered an amendment
striking out a provision allowing a
judge to call grand jury when, in his
opinion, public necessity demands it,"
and substituting the clause, when in
the opinion of said judge the public
welfare would be best subserved by
the converting of a grand jury" This
Then the opposition to the bill de-
veloped. Senator Gjertsen, the only
Hennepin senator against the bill, Of
fered an amendment striking out four
clauses of section 2
Amendment to NulIify Bill
Senator Laybourn, who had cheer
fully consented to the previous amend
ments, objected to the change pro-
posed by the senator from Hennepin,
saying:
Il strenuously object to that amend
ment, which is plainly an attempt to
defeat the purpose of the bill"
The amendment was lost.
Senator Schaller, in opposition to
the bill, contended that the voters at
the last election, in supporting the
amendment to the constitution, were
not aware that if adopted it would
give the legislature power to abolish
the grand jury system, as it said moth
ing about grand juries. In Senator
Schaller's opinion a grand jury was
the only body qualified and empowered
to investigate and bring to justice
public boodlers. The county prose-
cutor would be hampered If he pro-
ceeded without a grand jury in secur-
ing witnesses and investigating the
entire case.
In reply to this Senator Lord insist
| planned to the voters what the amend
ments to the constitution would do
In Senator Lords opinion the bill as
amended offered a fair solution of the
question. Under its proviSiins any
man who thought he was being perse-
cuted by county attorney could east
ly have grand jury convened. So,
too, could anybody else, if the county
attorney was inactive or corrupt.
Then 1t was that Senator Peterson
of Moorhead, who had occupied the
| chair on general orders the day before
and had no chance to speak on the bill.
| arose and began a speech against the
| measure. He talked for three quar-
| tiers of an hour, during which he con-
tended that the people in favor of the
bill sought the abolition of the grand
jury, venerable institution that
should be preserved.
Senator Peterson contended that no
| Judge would ever convene a grand
jury.
Didn't Want to Listen
While the senator from Moorhead
| was talking many of the senators
strolled out Of the chamber and in
! obliged in cigars in the retiring room
| and corridors.
When the senator's voice ceased to
| reverberate his colleagues returned in
! time to hear Senator Gjertsen INQUIRE
| of the chair:
What became of the amendment I
| offered?"
1T was lost" replied Senator Hor-
| ton.
Senator Gjertsen attempted to argue
IN support of his amendment but was
declared out of order. Some confu-
sion followed, but Senator Hardy
| cleared the atmosphere by moving the
! previous question. This shut off de-
bate, whereupon the roll was called
on the passage of the bill. In response
several of the senators explained their
votes at greater or less length.
In explaining his vote for the bin
Senator Wilson, of Hennepin, said:
vote yea, because this bill does
not abolish the grand jury, as has been
| repeatedly asserted by its opponents"
The roll call resulted as follows:
| Yeas-Alley, Batz, Benson Brewer,
calhoun calhoun &C., Campbell, Cole, comstock,
Hawkins. Horton. Jepson. Laugen. Lay,
bourn, Lord, Mausten, McNamee. Nor
gan gan. Nichols Peachey, Rieke, scnain,
sGedback shg Torsd d. Fl Mar Smith, Stephens
Nays-Barker, Collier, Collester, Cook.
Dale, Dart Du Toit. Durant. Everett,
FItzpa1Tlck. GJertsen, Harrington, John
| son, Naeseth. Peterson, Putnam Schal-
| Ter. Somerville. Stone. Sundberg. Thomn-
son, Thorpe, Witherstine. Wood-24.
1t is understood that four of the five
absentees are for the bill. They were
| Senators Buck, McGill, Pugh and w.
| A. Smith.
Senator McGowan's position is not
| known.
| Senate file No. 33, by Senator Schal-
Ter, which provides that a magistrate
shall make return to the district
court in ten days after completing a
! preliminary examination of an accused.
was passed, while the same senator's
bill relating to other proceedings in
| criminal cases, and Senator Laybourn's
bill, providing for the trial of effenses
on information and belief, were made
special order for next Wednesday
| at IL a. m.
The senate then adjourned until 10