Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1916-07-21
GRAND JURY TO
MAKE INQUIRY
VIII Have Witnesses Examin-
ed in Connection With AL
legged Sale of Whiskey at
PocahOntas.

The following inquiry was address
ed to Mr.. j. w. Harman, Common
wealth's Attorney of Tazewell. and
his reply thereto follows below:
Tazewell, Va, July II, 1916
Mr.. j. w. Harman,
Commonwealth's Attorney,
Tazewell, Virginia.
Dear Sir:
Reports from both public and pri-
Vate sources, which we have good ren-
son to believe are creditablc. are to
the erect, that the prohibition law of
the state is openly, ilagrantly and de-
hantly violated and ignored in the
town OF Pocahontas and vicinity.
rave you, as States attorney. juris-
dlction, and if so, have you investigat-
ca tnese charges and reports of the
violation. of the prohibition law, and
if so, what were your findings? IF
these violators of the law have not
been called to answer, why havn't
they? AS private citizen of this
county, tax payer and voter, we
are sure you will admit that we have
the right to an answer to these oues
tons IN the interest of good gov
ernment.
Should you see fit to reply, the
same will be published in the col
umns of the clinch Valley News.
Yours very truly,
EDITOR C. v NEWS.
MIR. Harman's Reply.
MIR. Editor: In reply to your in
quiry, l beg to advise that the condi
tions at Pocahontas will be invcsti
gated by the Grand Jury OIL Angus.
18th. | have the names of several
persons who will be summoned as
witnesses in this investigation, and
the names of others will be added to
the list from time to time until that
date.
Justices of the Peace and the Cir
cult Court have concurrent iurisdic-
tion of violations of the prohibition
laws, although the jurisdiction of thu
Circuit Court is very much hampered
ON account of the fact that the grand
jury is in session only four times
during the year, and even when in
session it is practically impossible
to Thoroughly investigate illegal
traffic in liquor, especially at points
remote from the county scat. When
an investigation is started it natural
ly becomes necessary to send for ad-
ditional witnesses from time to time
Gs their connection with the matter
Is shown, and when the Investigation
is conducted by the grand jury twen-
ty-five miles from the place under in
vestigation, it is with much difficulty.
expense and delay that the attendance
of the new witnesses is secured, and
the usual result is that the grand jury
is discharged without thorough and
complete Investigation.
Section 1856 of the Code of Vir
ginia provides that whenever a ius-
tice Of the peace shall Suspect" that
any law punishable otherwise than by
fine has been violated (and this in
cludes the Byrd law), it shall be his
duty to issue summons for witness
cs and examine them under oath in
regard thereto, and if it appears that
such law has been violated he shall
issue a warrant for the guilty person
and try him This section of the
Code gives to Justices of the Peace
as full and complete power as is vest
ed in the grand jury. Under this sec
tion of the Code justice of the peace
residing in the town of Pocahontas
Is under the obligation to hold an in
vestigation of the conditions existing
in and around said town. It is so
much better for justice of the peace
to hold the investigation where the
witnesses live and as the names of
new witnesses are asccrtained, he can
have them brought before him with
convenience and dispatch. In fact,
justice can make a more complete in
vestigation in one or two days than
grand jury can in a week, and with
very little inconvenience and eXpense.
A justice of the peace should start
an investigation promptly whenever
he suspects" a violation of the pro-
hibition laws and not wait for three
months for grand jury to be i'm
paneled. Such delay and neglect of
duty would give violators of the law
ample time to do wholesale bust
ness and escape the jurisdiction of
the Circuit Court before the time ar
rives for q grand jury to be impanel-
ed.
The mayor and each member of the
council of the town of Pocahontas
are ex ofIicio justices of the peace, and
they, as well as police officers, are
charged with the duty of enforcing
the prohibition laws. Officers failing
to perform their duties are subject to
be removed from Office under the re-
CcHI OuSICl Law, VII III
to the Circuit Court by any "erson,
corporation or organization.
The only effective way to break up
misdemeanor violations is by the
prompt action Of the local officers.
The Police Justice informs me he
is doing his best to put a stop to vio-
lations there of the prohibition laws
Some persons have been convicted by
him, others are now under arrest
and warrants for others are about
ready to be issued, pursuant to al
INVESTIGATION by him. do not know
what support the police Justice is re.
ceiving from the people of the town
have been urging the local officer:
to do their full duty in this matter
and l will aid them all l can through
the grand jury, but as stated above
the principle work should be done by
the local authorities. 1t now appears
that the prospect is good for vigor
nus prosecution of the mOonshiners II