The Clayton citizen. [volume] (Clayton, Union County, N.M.) 1906-19??, 1916-04-20
LOCAL INCIDENT SHOWS
SYSTEM TO BE FAULTY
Taxpayers Paper Says Ad-
journed Term Of Court Ex-
pensive and Accomplish
ed Nothing

The April number of the New Mex
leo Tax Review, the official publication
It the Taxpayers Association, has
just been issued and probably is the
most interesting number yet produc-
cd since It shows the association In
active operation as an investigator
Of public finance and administration.
The bulk Of the number is the work Of
Director A. e. James, who continues
his series Of educational articles on
taxation and gives first results Of
his inquiry into methods of conducting
stated finances.
One of the most interesting features
Of the number is brief reference to
the grand jury system in New Mexico
with particular reference to recent
incident in Union county. This article
is headed "a Lawyers Game at Tax
payers Expense of $1,10727." The
article is in part as follows:
"The grand jury in Union county
recently returned several indictments.
The attorneys for the defendants de-
INJURED on the ground that the jury
impaneled had been drawn after the
periods specified in the law. The in
dictments were quashed and the work
will have to be done over. This little
byplay is best explained by the fol
lowing letter from the director to the
county clerk and his replies:
II am advised by the newspaper
statement in the Clayton newspapers
that the indictments presented by the
grand jury were quashed because Of
irregularity in drawing the jury. May
/ ask you to furnish me with certain
information not contained in this news
paper statement?
@. Number of days grand jury was
in session?
A. Eight days.
@. Number of days court was il
session before the indictments wert
euashed?
A. Seven days.
@. Amounts paid petit jurors befor,
same were dismissed.
A. Petit jury was dismissed OIL
March 1916 same day, before empan
cling said jury, $231.31.
@. Amounts paid on account o
grand jury?
A. $653.31.
@. Sheriff's fees paid or due, ser
vice Of warrants, subpoenas, ETC., o.
account of cases dismissed?
A. He was paid for actual expense
serving jurors, ETC., $222.65.
@. May / ask you to give me tn
name and the official position Of tn
person to whom Judge Lieb gave tn
key to the jury box?
A. Judge Lieb had the key all tn
time.
Under the New Mexico system
person suspected of crime is commit
ted by magistrate to the grand jur.
That jury returns an indictment afte
nearing only one side, the prosecution
Then sometime afterward the cas-
goes to trial Every statutory deta
covering the selection of the gran
and petit juries must be fully carrie
cut to sustain the indictment and Il
conviction if one is had.
Do not criticise the lawyers. 1t
their duty to protect their client
every way possible under the law.
is their duty to play the law gan
according to the rules.
But what of the rules?
"A person accused of crime has
right to know what he is accused @
The Indictment does that. Wheth
it is framed directly by the distri
attorney or indirectly through graz
jury, is a matter of form, not su
stance. A defendant is entitled to
fair and open trial and to be co
fronted by. the witnesses against hi
The trial before petit jury does th'
Why then, grand jury? 1t is n
necessary to the protection of the d
fendant. 1t merely adds a cumbe
some fifth wheel to our legal mach
cry, invites wasteful errors, occupi
the time of the district attorney, t
sheriff and the court and costs lar
sums of the taxpayers money.
summary hearing before a magistrs