The Montgomery advertiser., 1905-01-06
AsoLisHrNo GRAND JuRrrs.

AB0LIsHIN0 GRAND JURIEs. E Among the curious happenings con- nected with the November election none was more insxpiicabie from our point of view than the action of the voters of Minnesota on the grand jury question. By an overwhelmins, major- ity they adopted "a constitutional amendment that entirely does away with grand juries in that State. We are not familiar with the reasons or the arguments used, and only know that the vote for the amendment was so large that it might as well have been unanimous. so far as the effect Is concerned.
 The grand jury system in some form is almost as old as English civilization In somewhat crude shape we may trace 1t to the saxons as far back as the twelfth century. for they had grand juries much like ours. and from that beginning, by process of evolu- tion we have the system now in use among us. In England 1t is as much . part of their Judiefal system as the petit juries are, and In the United States 1t is practically universal. We believe they have none ip California though we are not familiar with their practice there.
 The reasons given for the abolition of this branch of the judicial system are not very strong, as far as we have haH fo q. useless expense, but we do not con- slider that at all conclusive. All the machinery of government is expensive. The wheels of justice will not turn unless they are paid to do 1t, and our courts are all more or less expensive. is not sound.
 Another reason, and one which has some show of force. is that revengeful persons take advantage of grand ju- ries and cause indictments to be found for trifiing or malicious causes, thus sometimes causing people to be brought into court who have really committed no offence. To a certain extent this is true, and there is no doubt that both malice and ignorance sometimes cause innocent people to suffer the expense and humiliation of trial when they have really done nothing to be tried for.
 Admitting the truth of this plea. is there any certainty that the other plan of proceeding by information present. Al h,, q x,,,hIic y,rnaanutor will ha lace apt to do injustice? Let us admit that a public prosecutor is thoroughly hon. est and conscientious, still he must at last depend to a large extent on oth- CTS. It matters not how careful he may be. it is impossible for him to have personal knowledge of all of- fences. He must in most cases base his charges on information, and is there not at least an equal chance that malicious informers can deceive him as easily as they can deceive a grand jury We should say that it will be a much easier task to file false infor-
 nation with one man, and cause him to bring a wrongful charge against g. citizen, than 1t will be to mis1ead O. grand jury composed, as these bodies should be, of from twelve to eighteen of the best men in a County. We had far rather risk such a body of men than to risk one man who must depend largely on what others tell him. But aside from these reasons. the offlce of a grand jury. as The Boston Herald expresses it, is not limited to l taking cognizance of cases that may be submitted to it by the prosecuting officer of the State. It has large pow CTS outside of criminal cases, and as to these it may initiate investigation on it's own account if it will. It may also make diligent inquiry into various departments of administration that are and when the matter does not appear | to warrant criminal prosecution. but to require some remedy. it may make | what is called a presentment for the | guidance of those with whom the re- sponsibility for correction lies. An | such power is the presentment made | quite recently by New York County grand jury of evidence gath cred by it indicating the raising of 9 large corruption fund by New York liquor dealers association for infuenc- ing the action of the last Legislature on excise laws. This was set forth as a matter of high public importance. and the evidence was placed in the hands of the district attorney, by whom it has been transmitted to tho Governor, and 1t is expected to con- stitute the basis of legislative in- quiry. Instances are not uncommon where a grand jury has investigated the conduct of public officers and the condition of public institutions, and has made presentments of character so convincing that reformation was compulSory