The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-01-12
GRAND JURY BILL TO
APPEAR IN SENATE
Laybourn Has Measure to
Modify Present System
in State

senator q. II. Laybourn, of Duluth, is
preparing data to be used in his argu-
ments In support of bill which he
Will shortly introduce in the senate,
providing for a modification of the
grand jury system in vogue in Mime
sofa since it's admission to the Union.
The bill is the natural sequence to
the voting by the people on the con-
stitutional amendment at the Noyem-
Der general election, permitting the abb
rogation of the grand jury, but con-
trary to the general impression re-
garding the purposes permitted by the
amendment, it is not proposed to en-
tlrely abolish the grand jury system.
1t Is the intention of Senator Laybourn
to offer bill which will contain some
of the best provisions of the Wiscon-
sin and Michigan laws on the subject,
but he will retain features of the pres
ent Minnesota grand jury law which
will permit the converting of grand ju-
ries to consider extraordinary crimes
against persons and property and
against the common welfare.
Majority of Votes Cast
The returns of the state canvassing
board show that there were 162,525
votes cast in favor of the constitu-
tional amendment, out of total vote
in the state of 322,692. This gave the
amendment majority of all the votes
cast at the election, and this in spite
of the facts that the amendment was
not fully understood and it was the
third and last of three amendments in
order on the ballot
The vote was scarcely fair test of
public sentiment" said Senator Lay
bourn yesterday at the office of the
secretary of state, where he had called
to obtain the election figures. MANY
people thought that the amendment if
passed, would mean the abolition of the
grand jury, and either neglected to
vote or voted against it. Then it was
the third amendment in the list, and
Dotn the gross earnings amendment
and the amendment permitting the loan
OF the state school funds had had the
advantage of having been before the
people at previous election. Their sub
Ject matter was well known. Consid-
erlng the handicaps under which the
grand jury amendment labored, the
vote for it is considered very salts
factory by its friends.
Will Not Abolish System
eve do not propose to entirely abol-
lsh the grand jury. Judge Ensign, of
and practitioners have been invited to
present their views as to what form
the new law shall take, but my idea is
that the ordinary misdemeanors shall
not be submitted to a grand jury but
shall be brought to the attention of
the court on the presentment of the
county attorney. In serious offenses
against life or property, the judge
should be given discretionary powers
to convene grand jury. Where Of
lenses are alleged to have been COM
mitted against the state, and the Judge
may not wish to assume the respon-
sibility for converting a grand jury to
inquire into the facts and determine
the probable guilt or innocence of sus-
pected persons, the law will provide
that the judge must convene a grand
jury on the petition of a certain per-
centage of the electors of the county.
Il am collecting material to be used
in forming the basis for the bill which
| shall introduce and to support it be-
fore the legislature, and expect to have
material for strong arguments in ia
vor Of the bill within the next week.
Other states are much interested in the
enactment of a law abrogating the
grand jury law in Minnesota, and I
have. received within the past few days
inquiries from Kentucky, Pennsylvania
and New York"