The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1906-10-05

t
tkat the laws punish for even the
worst of all crimes. It Is the duty
IN instances of this kind TO uphold
the law and not to forget 1t as pub
lie sentiment so often does.
Next Judge Dayton pointed out
to them where they as the grand
jury was the most independent body
in The nation as well as the most
powerful. The President may be
impeached, the high up in Office
turned out, judges driven from the
bench, but there is no power by
which any one can force or compel
the grand jury or prevent it from
indicting persons shown to be reas-
onably guilty Of violations of the
law The acts of judges can be re-
viewed and revised by higher courts
but .he grand jury stree from all
such restriction and Imitation, sub
ject indeed, to nobody and no
power The origin and history Of
the grand jury system was here IN
terestingly reviewed, and it vas
shown that the principles upon the
system was founded 60 back to the
Mosaic Law.
Judge Dayton expressed detesta-
ton for anarchy and al those pecul-
lar beliefs and motives that lead to
it. And has just as much hatred
toward those who Just a step re-
moved want to deny citizens Of the
right to appeal to the courts snd the
law for protection. He has no
patience with that other sentiment
that is being advanced to some ex-
tent to confuse and confound the
three geat branches Of the national
government into one. BE is right
about it that the legislative, jude
ial and executive branches all have
their own individual functions and
should be kept distinct and separate
Judge Dayton directed their at
tention to their oath and the
solemnity of it, dwelling at consid-
cradle length on its construction
and meaning. In this connection
he stated that the federal grand jur-
ors' duty was peculiar and that
thev were. not to investigate every
kind and character Of crime as that
was not their provinceby law. There
are two governments national and
state. with different courts sitting
at the same time. The national
government has no powers except
those delegated it blythe states The
whisEey traffic was gwen nanI il
.lustration. The states first put Il
in the national constitution that IN
,ternaI revenue might be collected
and that government choose to levy
a tax On wdiskey rather than corn,
wheat or other products, but by this
the rational government IS not IN
coiInsioir with the #hiskey traffic as
charged by some, but TO the COM
trarv dehouncese it and levies this
tax to aid breaking it up. The
states have all the power to prohibit
the manufacture and sale Of whis-
key, and not the national govern
ment.
The judge then discussed the
monetary and postal system, point
ing out the intent Of the same. the
violations and punishments. Then
he directed attention to the inter-
state commerce law and the duty in
case of violations.
Closing he talked about the man
ufacture and sale Of intoxicating
LIQUORS and was even more pro-
nouneed on that subject than on
former occasions, when he seemed
to some to be too severe. Not only
did he reaffirm all he said against
the traffic on former occasions, but
emphasized the same BY saving that
of those who engage in the traffic
80 out Of 100 are dishonest and can
give no excuse to society for engag-
ing in a business that destroys it.
Albert Keack. who cut John
Evanage in a fight between the two
81 a wedding eelebraion at Pm
riekinnick mines a week ago last
SUNDAY, was given a preliminary
hearing BY Magistrate Gordon this
morning at the conclusion of which
the magistrate held him for the
grand jury in bond Of $500. He
Gid not furnish bond,
+. G. S. Holmboe, Of the archi-
tcctrras fiqn Of Holmboe s Tsaffertv
returned this morning from the
firms braneb at Blnefeld and other
points IN the southern part Of the
State where he was looking after
the work his firm has snder con-
tract. He closed a contract for the
plans and specifications for a new