The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1908-03-17
THE MORNING AsToRIAN. ASTORIA. OREGON,

! as the suppression OF gambling is con
eerued but also in che matter OF Sum
day closing Of Saloons, The ahisct
failure OF the proper officials to carry
out the orders OF the District Attor-
ncy and the provisions OF the laws OF
the State Of Oregon, has resulted ia a
decided lowering OF the moral tone OF
the community, a. well As prevent
ing the City from obtaining revenue
from these non-taspaying gentry.
thus increasing the burdens OF the
legitimate taxpayers to the amount
approximately, oi sls,O000Q per an
aur1.
This is a truly deplorabie state OF
affairs existing in our City, and while
1t is perhaps not directly in the power
OF this Common Council 70 punish
the one 20 whom ID is blamahle. yet
your Committee after diliigent in
curry and investigation OF the laws
Of the State OF Oregon. win endeavor
to- refer to sections OF the law. aud
irom those references each one may
reach their own conclusions. As TO
the why OF the matter, that Is also
left for the consideration Of each eisi.
zen OF this community.
Section iET. OF B. 4 c, Code. Is
as follows.
The Grand Jury has power, and
it is their duty. to inquire into all
crimes committed or triahie in the
County, and present them to the
Court. either BY pfesen,ment or in
dic,ment as provided in this Chapter"
Section 1850. OF B. & c, Code. Is
as follows: (Auti-gambling aetl
'- II shall be the especial. duty OF
each District Attorney, Sheriff. Con-
stable. City or Town Marshal. and
Police officer. 10 inform against and
diligently prosecute any and all per.
sons whom he shall have reasonable
cause to believe guilty OF violation
OF the provisions OF this act"
Section 1883. b. & c. Code.
Hereafter il shall be lawful for the
District Attorney OF any Judicial Dis
trict OF this State, and it is hereby
made his, duty. to file in the proper
Court, an information charging any
person or persons with the commits
sion OF any crime defined and made
punishable by any OF the laws OF this
State, and which shall have been COM
mitted in the County where the infor
nation Is filed"
Section 1861, b. & c. Code.
ANY person within this state, can
be compelled by subpoena, to appear
before a District Attorney TO testify
as a witness, in like manner as before
a Grand Jury, concerning any crime
inquired OF by such District Attorney,
and any District Attorney shall have
power to administer oaths or affirma-
tions to witnesses, and to COMPEL
them TO testify"
In addition to the foregoing quot
ations from the statutes OF the State
OF Oregon, your Committee pro-
pounded the following questions to
that eminent jurist, Judge T. A. Nc
Bride, Judge OF the fifth Judicial dis
trict, his answers following each ques-
ton.
Question |. What are the duties Of
Grand Jury, relative to discovering
crime?
Answer. To diligently inquire
into all crimes brought to their
notice.
Question 2. During the vacancy or
non-existance OF grand jury proper,
upon whom does the duties or func-
tions OF that body devolvel
Answer. The District Attorney
Question 4. Is it the duty Of Shcr-
Of the State OF Oregon, what officer
is ex- officio the Grand jury?
Answer. The District Attorney.
Question 4. Is it the duty OF Sher.
if, to inquire into and investigate
rumored violations OF law, search out
witnesses, and file complaint or in
formations before the District Attor-
ney?
Answer. 1t is not the duty Of the
Sheriff to police the County nor town.
1t is the duty OF the Sheriff to do as
much OF this as his other duties will
permit, but no more so than Con-
stable, Police officers and other peace
officers. 1t is the duty Of all peace
and police officers to use such means
as in their judgement is reasonable,
to detect criminals and bring them to
justice.
The foregoing quotations and ans
,yera( RI aueefions certainly suffici-