Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-11-21
IOWA JURY SYSTEM
TO Be ATTACKED
Movement Started to Change
Law Relative to Selection
of Grand Jurors
TOO EASY TO "FIx" THE LISTS
Easy Matter to JussIe With the Names
and Place Favored Ones on the Jury
-Des Moines' Experience-Garst
Moves to Dos Moines-capitaI Cos
sip.
Special to Tlmes-Repupl,can.

3UGCIdI "
Des Moines, Nov. 21.-An attack on
the grand jury system of Iowa will be
ture If any member can be found who
will introduce the bill. The failure of
the grand jury in Polk county to indict
officials Of the Des Moines street rail-
way for bribery when eye witnesses
testified to all the bribery transactions
is the cause of the new bill being in
troduced
Alderman Hamery and those who
worked with him to get the evidence
of the bribery, are behind the deal to
get the law amended as to grand juries
and no stone will be left unturned in
the effort. The law provides that the
judges of elections shall certify to the
county clerk names Of persons suitable
for grand jurors and also for petit jur-
ors The county clerk and county aud
itor are required to put >the names OH
ballots, eliminating those persons whp
served the year before. Then at a time
provided by law the clerk, auditor and
recorder meet and from these names
are required to choose by lot the num-
ber necessary for the panel.
Twelve men make up the panel for
the grand jury for an entire year and
from these at the beginning Of each
term of court the clerk draws seven
men to act as the grand jury. 1t is
claimed that the preparation of the
ballots from the lists as certified by the
judges of election is not properly safe
guarded and there IL opportunity to
leave off or put on names without de-
lection. 1t is claimed furthermore that
the ballots prepared can be placed in
the box In such manner that when
the wheel is turned around they Will
remain in the same position and thus
the selection Of the panel becomes a
of the government and a free people
is corrupted by the ease with which a
county clerk can arrange the ballots SO
that the names of those only whom he
desires to serve on the grand jury will
be drawn.
1t Is proposed by law now to make
the ballots SO small and the ballot box
SO big that when the ballots are shak-
en- up they cannot possibly remain in
the same position. Then it is proposed
to have the bill so drawn that in times
of especially important cases where
public pressure is high and juries
specially liable to corruption and influ-
ence special grand juries can be
III. 10 = o;o1
pecial safe guards thrown round the
selection of such grand juries.
But the particular feature of the new
bill will he a provision that cases can
be taken, to the court for trial without
the grand jury Indictment. The consti-
tuition Of the state of Iowa specially
provides that the legislature can pass
just such bill if it chooses too and the
bill to so provide will be presented at
the coming session.
SO
Warren Garst, lieutenant governor
elect, has this week moved his family
to Des Moines from Coon Rapids. and
he occupies a, house on Seventeenth
street. 1t has been their custom to
take house each legislative winter
for many years and to live modestly
and comfortably. They are simply
taking the house a little earlier this
year because it will be Mr.. Garst's
purpose to be available to the sena-
tors.
The Chautauqua season commences
pretty early in Colorado. Already
Governor Cummins has received an
urgent invitation to speak before the
chautauqua in Boulder next July.
*t
In view of the fact that there are to
be several new deputy state officials
the fact is referred to that never has
any new deputy been promoted to head
of department. Several deputies
have tried for appointment and have
failed. Years ago D. w. Smith sought
to be a candidate for secretary of
state, but failed Of nomination. c. S.
Byrkit, who was deputy for number
of years, tried twice for the nomination
for secretary of state and failed be-
cause he would not make the right
kind of pledge to the vested interests
Dan Hites, present deputy was cam
didate this year, and did everything
he could to land the job, but failed. No
treasurer. auditor or attorney general
was ever deputy in any one of these
offices.
A number of the standpat newspa-
pers of the state are just waking up
to the fact that their reiteration of
the suggestion as to the probability of
Senator Dolliyer having opposition in
the legislature this year is becoming
the laughing stock Of the state. The
matter of the senatorial succession was
disposed of long ago; but despite this
there is plain attempt being made here
to cause trouble for Dolliver because
of his attitude at the time of the state
convention. One late rumor started is
to the effect that Secretary Shaw
might be induced to step out of the
treasury department. in time to accept
the senatorship from Iowa.