The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-01-20
Proper System of Bringing Of
tenders to Trial.
1t IS a Most Safe and C0nser-
vative Element.
Suggestions Made BY Disciples
of Blackstone.
From Wednesdays Daily.

been interviewed by The Free Press
with reference to the proposed abolition
or abridgement of the grand jury sys-
tenn While all the local practitioners
at the bar do not think alike, the vast
preponderance of opinion is that the
grand jury system is all right and there
is no reason for tampering with it. The
Mankato attorneys think on the whole
about the same as those at st. Paul,
who last Saturday evening discussed the
matter at an after dinner gathering in
the commercial club rooms. The st.
Paul attorneys were almost unanimous
that there should be no tinkering at all
with the laws relating to grand jurors.
Some of the Mankato attorneys think
little improvement could be made in
the system, without materially changing
it.
The improvement that these attorneys
suggest is made possible by the recent
constitutional amendment, which places
the grand jury system entirely in the
hands of the legislature, to add to and
subtract from at pleasure, and to
abolish altogether if the legislature
should feel so inclined. This improve
ment would consist in rendering unneces-
sary the indictment of criminal, who
chooses to plead guilty. AS the law
now stands, man accused of burglary
and caught in the act may desire to con-
fess right away and let the Judge send
him Off to his punishment without delay.
But This cannot be done. The criminal
must be bound over to the grand jury
and NAV be obliged to languish in the
county iaiI, fed at the county expense
for some months. until the grand Jury
gets together in regular session 20 act
on his case. Would it not be far better
to have that man taken ut once before
the district Judge to make his confession
and receive his sentence? II would GER
tainly be cheaper for the county and
more congenial to the criminal
Such is the attitude Of County Attor
iney S. b. Wilson, H. /. Schmitt and 4.
r. Clark. Each of these widely known
practitioners at The bar expressed this
view to The Free Press without knowing
that the same opinion had been voiced
by any lawyer Not one of them was in
favor of abolishing the grand jury sys-
TEN at all, or tampering with it at all
further than this. Of course the consti
tutional amendment gives the legislature
the authority of going further than this.
Mr.. Clark stated that if the legislature
should materially abridge or abolish the
grand jury system, the lawmakers
would be sure to hear from their consti
tuents on reaching home, and such legis-
lation would be speedily repealed. Mr..
Schmitt called attention to the fact
that the district judge, as the law
stands, has the right of dispensing with
regular session of the grand jury,
whenever there is no criminal business
for that body to act upon.
City Attorney c. O.. Daley is anoth-
er ardent admirer of the grand jury. 1t
gives general satisfaction, and there is
no call for change. Some decry the
expense of the institution. The expense
is so slight that the county scarcely no.
tices it. The county will often spend
more in the prosecution of single hobo
than on one session of the grand jury.
Benjamin Taylor thinks that in many
counties there is often little or nothing
for grand jury to do, simply because
everybody knows that it is to convene
periodically. 1t is deterrent to crime,
far better than any single county at
torney could be- Such body possesses
independence, courage, and freedom from
political influences, such as too often are
brought to bear upon a judicial Off
GER, who is looking out for reelection.
j. w. Schmitt remarked that he vot-
ed against the amendment to the consti-
tuition. He favors letting the grand
jury system alone. He would rather
leave the Indictment of offenders to
body of twenty three men, than to one
or two. Nor would he favor abolishing
the periodicity of the grand jury and
leave it's calling to the discretion of the
court as in Wisconsin.
Jean A. Flittie thinks the grand jury
is a good thing. Sixteen or twenty
three men are pretty apt to give fell
low fair shake. Experience has shown
that grand juries as rule do their
duty. The only advantages that could
possibly be gained in the abolition of
the grand jury would be the curtailment
of public expenses.
! A. H. Lossow thinks that to put the