The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1929-03-21
COUNTY GRAND JURY
INDICTMENTS STAND,
STATE court RULES
Decision Does Not Affect Bis.
marck Bank Case; Ap-
peal Period Expired
JANS0NlUS' RULING UPHELD
Necessary Delay in Supreme
Court Action Makes Early
Term Improbable

AcClOn OF Juoge FREQ JanSon1uS IN
overruling motions to quash Burleigh
county grand jury indictments against
five defendants In district court here
In January was upheld by the state
supreme court, according to ruling
announced yesterday.
AS q result the five defendants
must stand trial under the indict-
ments in Burleigh county district
court.
The case was certified to the su-
preme court by Judge Jansonius af-
ter he had overruled the motions to
quash. Counsel for the five defend
ants claimed that the motions should
be quashed because the grand jury
which returned the indictments was
improperly constituted.
Reviewed Case Quickly
The supreme court made q relative
ly quick review Of the case, according
to officials. Consideration Of the
question by the state court was held
up pending the filing Of briefs until
March II.
Delay in the decision, however, has
made 1t improbable that session of
Burleigh county district court will be
called before the middle of May. ac-
cording to Judge Jansonius in q
statement made this morning. County
Officials were eager to hold q session
for certain. criminal cases before the
farmers began spring seeding. but
Judge JanSonius, after commune
eating with farmers and attorneys,
believes that It will not be practical
to hold q term Of court until farm
work IS out Of the way.
Names In the jury box, from which
petit and grand jurors were drawn,
will remain the same for the next
session, though IS additional names
are being drawn to bring the total to
200, as required by law. Certain
criminal cases will be tried in the
special session during May and other
cases on the long calendar will be
dealt with during the regular June
term, In all probability.
Opposite TO Coffey's
JanSonius' action in overruling the
motion was directly opposite to q
previous action by j. A. Coffey, form
cr district judge. who dismissed
charges against officers Of the closed
Bismarck Bank on the ground that
the grand jury was improperly drawn
and that the law had not been OBJ
served with regard to the selection
OF names to be placed in the jury
box. On the matters at issue the SUI
preme court upheld Jansonius' view
Of the matter. Coffey's action in the
bank cases was not at issue.
The ruling will have no effect on
the bank cases since they were out
lawed by the statute Of limitations
within few days after Coffey's order
was issued and the time for appeal
ing from the order has expired.
The specific charge against the le-
galtty Of the grand jury In the Walla
case was that the names Of the jurors
selected from the city Of Bismarck
had been improperly drawn end that
the jury box, from which the names
Of grand jurors were drawn, had con-
tanned only ITO names instead Of 200
aS required by law.
The supreme court held that this
did not invalidate the grand jury's
actions after the jury was drawn. It
pointed out, however, that officials
charged with selecting the names Of
persons to be placed in the jury box
must do SO in the manner required
by law or be held in contempt Of
court.
The decision also places upon the
various district judges the duty OF
seeing that proceedings regarding the
jury are properly handled and makes
It the duty Of the district Judge to
see that the law is observed.