Evening star., 1931-10-09
Trade Board Law Group Acts
on Charge system Is
Out of Date.
COURT OFFICIALS HERE
CALLED .UNBUSINESSLIKE
1nquisitorial Function Urged for
Committing Magistrate With
Power to Hold for Trial.

bers that the grand jury system has
outlived its usefulness as a vital part
of judicial machinery have moved the
Law Committee of the Board of Trade
to institute study of the whole problem
of the formation and operation Of the
inquisitorial body.
special committee to canvass the
matter was announced today following
extensive discussion at the committee s
session yesterday. when several mem
bers denounced the grand jury as "a
useless relic of the past ages"
Severe criticism was voiced also
against the "unbusinesslike and care
less methods of local court officials
and the jury commission in the selec-
tion of grand jurors and objections
were raised to presentation by grand
juries of special reports other than In
dictments, for which. it was contended,
there is no statutory authority.
Committee Members Named.
Joseph A. Burkart, chairman of the
law group. today announced appoint
ment of the following to serve on the
Special Committee: Daniel Thew
Wright. former justice of District Su-
preme Court; Henry I. Quinn, Matthew
O'Brien, John McDill Fox. dean of the
Law School of Catholic University, ana
A. Coulter Wells. Mr.. Burkart Will
serve as ex-officio member.
Chairman Burkart urged that the
matter be approached with great cau-
ton because of the time-honored de-
pendence placed upon the grand jury
system.
while there was some disagreement
n fA oh nl
Jury as a vital part of the legal ma
chinery. there was general agreement
among those who discussed the matter
that the present methods of the Jury
commission in selecting members OF the
grand jury were not successful.
The matter arose because of the re-
cent finding of Government penSloner
serving as a member of the July grand
iury which led to his discharge as
juror and the voiding of considerable
number of indictments which the jury
had returned. including some third de-
gree" brutality cases.
Favors AbOliShing System.
"In my opinion, the grand jury as an
Institution has completely outliVed It's
usefulness and should be abolished, and
the inquisitorial function it now per-
forms should be assigned to commit
ting magistrate with power to hold for
trial" Mr.. Burkart said.
Describing the many legal tangles
that have arisen from grand jury opera
ton Mr.. Burkart said. 1T would seem
that in modern day practice the grand
jury Is a cumbersome and expensive
piece of judicial machinery, the very
handling of which. especially in thickly
populated Jurisdictions, is more of
menace than a benefit, unless the most
scrupulous care is exercised in selection
of proper persons to compose the insti-
tuition"
He referred to the improper paneling
of the first grand jury that probed the
Mcpherson death mystery and the re-
cent yoiding of many of the indictments
of the July "rand jury for the same rea-
son.
Denouncing the practice of some
grand juries in bringing voluntary spe-
cial reports on certain matters. Mr..
Burkart declared the weight of author
ity seems to be that grand jury func-
tions to indict or to ignore. in the abb
sence of statutory authority otherwise,
which does not exist in the District.
Solution Suggested.
Mr.. Burkart, Dean Fox and other
members suggested that a committing
magistrate would appear to offer a solu-
ton of the cumbersome" grand jury
method of holding accused persons for
trial.
Dean Fox of the Catholic University
Law School brought out that some
States now have in operation the sys-
tenn of bringing accused persons before
a committing magistrate upon filing of
an information by the prosecuting at
torney, such magistrate being empow-
cred to hold accused for trial without
reference of the case to the grand jury.
~, N;,Tv a% L. E1ola iiIY-ic
diction this system could not be adopt
ed as such, others contended. 1t was
urged. however, that the powers of the
grand iurieS here could be ninimiZed
by setting up as preliminary machinery
a committing magistrate who would
pass on all cases before they go to the
grand jury.
Another lawyer member of the COM
mittee voiced severe condemnation of
judges for permitting grand juries to
make special reports other than indict-
ments.
Correction of Fault Seen.
Court officials also came in for de-
nunciation in selection of improper per-
sons for the grand juries here, several
speakers complaining that questions
pertaining to the qualification of jurors
have been "mumbled" so fast by court
officials that only a most alert and in
telligent person could understand what
was being said.
However. belief was expressed that
recent steps taken by District court
officials regarding paneling of grand
Jurors would correct this fault by using
written questionnaires and repeating
them orally.
Mr. O'Brien and Former Judge Wright
also criticized methods followed by the
Jury Commission in selecting names of
possible grand jurors, reporting the in
formation that the commission meeting
but few days year. took names OF
prospects from the telephone and city
directories.
Several members asserted the grand
iuries in former years were of much
higher caliber than those of recent
times.