Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-06-05

the several counties OF the state. when
ever,~in his tudsments-the interests Of
! the state required him to 90 SO. we
think IS not only made manifest by the
! use oc the word tribunal. but by the
whole trend and tenor OF chapter 9. In
which this word is used. At the very
! threshold OF this enactment, the pur-
| pose OF the legislature Is made mani
fest. 1t provides there shall be a, the
seat OF goTernme nt. e department. 10
be known as the department, of justice.
and the attorney general shall be the
head thereof, and shall have supervis-
org power over county attorneys in all
! matters pertaining to the duties OF
thei-. office and shall. from time to
time. require Of them reports as to
ths condition. of the public business
entrusted 70 their charge.
The grand jury is constituent. of
the court Of criminal jurisdiction. True.
il is g distinct and independent BODY.
and must deliberate and act free from
any influence from, or without, the
court. And. tho constituent part %
the court. it is in many respects. an
Independent tribunal, exercising iu-
dicial functions; and, after it is en-
paneied as such, tbs actions and pro-
ceedinss, in large measure are car
! ried on under the supervision and d.
rection of it's foreman.
In Cvc volume IL under the head
nf Jury and Jury Trials we find the
following:
The powers Of the grand jury ex
tend only TO questions of crime. Its
functions are not executive but Judi
cial. Ii is, in fact, a preliminary trib-
unal, and IL is furnished with inquisi-
/ tcrial powers only for the purposes q
examining crimes
IN the case Of Keitler vs.. state, 6.
Greene uowa). 291, this court, speak
ing Of the grand jury as body, and
referring 70 il as a body. said:
This tribunal is invested with no
ordinary power. Their power to ac-
cuse a citizen Of any offense without
mis- presence and without evidence in
mis- favor: their power to cast upon
citizen the odium Of an indictment for
criminal offense. shows the import
ance Of enforcing those prudential reg
ulations which the law requires in
their selection from which it appears
that this court way back in 1884 I'M
derstood that grand jury was trib-
1l3di- anu 81 - e>'AA ~ 80
sumo that the Legislature understood
this word TO include a grand jury. and
used the word advisedly in this sense
when extending the powers OF the at
| torney general.
IN the charge Of Justice Field. TO
the grand jury, reported in Sawy..
| &C. So. he so nominated the body,
| using the words: That the grand jury
was. az the time of the settlement Of
this country. an informing and accus-
ing tribunal
The intent Of the legislature is the
object to be sought for in constituting
/ Legislative enactments and construc-
ton and interpretations are resorted to
for that purpose only. Where the leg
/ islative intent is clearly expressed. IL
! is the duty OF the cour: 70 give force
and effect to such intent. Here the
legislature has said that the attorney
general shall appear for the state be-
fore any court or tribunal. when, IN his
! Judgment, tho interests Of the state re-
quire it. In the light of the evident
| purpose of this statute, and In recog-
milton of the fact that our court and
other courts. in speaking OF this body.
the grand jury, have denominated II
| a tribunal. there is no escape from the
| conclusion that the legislature. In the
use of this word. referred to. and In
Guided, the grand Jury --s