The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1908-02-06

|
tuition of 1898, and in that OF 1874.
The powers and duties of the
Criminal courts as they exist at
present are regulated by the Con-
stitution of 1874 Art. S, See. lin
these words:
The judicial power of this Com
monwealth, shall be vested in a
Supreme Court, Common Pleas,
Courts of Oyer and Terminer and
General Jail Delivery, Courts of
| Quarter Sessions of the Peace, Or
phans' Courts, Magistrates Courts,
and in such other courts as the
General Assembly may from time
to time establish"
And by section 9 of the same Ar.
ticle: Judges of the Courts of
Common Pleas, learned in the law,
shall be judges of the Courts OF
Oyer and Terminer, Quarter Ses-
sions of the Peace and General Jail
Delivery, and the Orphans Court,
and within their respective dis
tricts, shall be Justices of the Peace
as to Criminal matters"
As to the words Learned in the
law" they are construed in the
case of O'Mara VS.. The Common
wealth, rs Pa. 43o.
So, while we have Courts of Oyer
and Terminer issued, but the same
Judges who hold the Common
Pleas hold the other Courts, any
two of them, the President being
one, constitute the court.
But an important part of that
court are the Jurors-Grand and
Petit.
The Grand Jury seems to have
grown out of the constitution of
Clarendon, 10 Henry II A. d.
1864, by which, in case of suspic-
ions against persons whom none
wished or dared to accuse, author
lied the sheriff, being required
thereto by the Bishop, to swear
twelve men of the neighborhood or
village, to declare the truth. They
were persons who knew the facts
and declared the truth. From this
beginning the Grand Jury grew
up; the steps and processes are un-
known, but the twelve men grew
to twenty-four, and from being
persons who knew the truth, they
! learn it from witnesses who testify
before them and whose testimony
is inviolable.
The present Pennsylvania Grand
Jury seems to be cumbersome and
unwieldy; it is unworkable and un-
duly expensive. 1t is composed of
not less than twelve nor more than
twenty-four, and if twenty-four
answer to the call, one of them is
discharged, although twelve of the
twenty-four men can find a true
bill. The twelve who say "No"
if the twenty-four were left on,
cannot overpower the twelve who
say "Yea"-but Notwithstanding,
one must go. However, in many
of the United States, either by con-
stitution or by statute, there has
come to be great difference in the
number required for a Grand Jury.
My researches into the subject
enable me to present the following
facts which are little curious and
quite instructive, upon the question
of making some statutory changes
in the criminal practice and pro-
ceedings and personnel. in Pennsyl-
| vania.
In Indiana, Illinois, Iowa, Ne
braska. Oregon and Colorado, the
constitution gives the legislature
authority to make laws dispensing
with a grand jury in any case.
And in Alabama and Mississippi
there is provision for other process
in criminal cases. In Nebraska,
the legislature may provide for
holding persons to answer for crimi-
nal offenses on the information of a
public prosecutor. In Oregon sew
en- men are drawn from the body
of jurors in attendance, and sworn
as Grand Jurors. In Utah the law
is the same. In South Dakota, not
less than six nor more than eight.
In Idaho, sixteen. In Washington
not less than six nor more than
seventeen. In North Dakota not
less than sixteen nor more than
twenty-three. In California nine
teen, New Mexico twenty-one. In
several states seven, but five can
| find bill; in others twelve, but
nine can find a bill. In Virginia
| nine to twelve; seven fnd bill; in
Florida twelve to fifteen, eight can
| find bill; in Indiana SIX, five can
| find bill.
1t is clear that there is no magic