South Bend News-Times, Volume 32, Number 209, South Bend, St. Joseph County, 28 July 1915 — Page 2
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THE SOUTH BEND NEWS-TIMES
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in MMITTEES ftR George W. Zinky Appoints His Aides for Knife and Fork Club Work. Conr-f W. Zinky. ns i,r iUr.t of the outh fiend Knife a ml Cork club, has announced the club conunitt s for the .fasftn of 1 T 1 " -1 ! 1 following a meeting of the dire, tors of the club held Tuesday ; i f t rnoon in his olf'u The directors arc planning also, the publication of a yar I k, which will contain programs, photographs of the speakers of past years and r list of the riM inh rs in koh standing the officials, mid other matters of interest to club members. The membership is larger than it has ever hen and the. elul) is in otherwise flourishing condition. The committees named are as follow: Program committee Fred Woodward, i:. T. Ilonds. V.. fit-ring. I.. IS. (Ireenan. Publicity romniittee I.. K. (Ireenan. K. 11. llorst. Harry I'lliott. Ikinquct committe. 1 I.. .tedman, John I Icvine, II. Miller. Rnterlainnmnt committee F. A. Stephenson. John F. Ievine, F. F. Hering, i:. T. Bonds. Finance committee Charles A. Ftoltz. F. 1 Strdman. 11. S. Miller. Auditing committee H. (Jail Davis, K. T. Ilonds. Marry Hlliott. THOMAS WILL TALK TO J50CIAL CENTER i:ccutlvo Committee Will .Meet on Thursday Night. Th Sunday evening meetings of the liortrand Social Center will he in charge of i:. II. Thomas drring Au;nt and September. I Hiring August there will f. two meetings, Aug. S and Aug-. '2.. Auk'. S a hook review and blackboard talk will he gien on The Involution of the Country, by Wilson. After 1 1 i talk opportunity will be given for discussion. An?. 22 there will 1)0 a flower meeting with' talks on principal flowers to he given by difrerent people who will exhibit the flotver on which the talk is Riven. Miss Fanny Koth will he in charge. At both meetings there will be special music and a portion of the time will he devoted to singing old songs. Durheld every Sunday evening, and the programs will be announced later. The inpetlnu'." will hein at o'clock and a cordial invitation Is extended to everybody to attend. Thursday evening. July 2'., at 7;a0 a meeting of the Social (Vn'or exeeu-tlvr-committee will he held at the honie of Miss Alma Rirnhart, at which plates will be i;'iisved for an -i'trtatntnrnt in the mar future, also a program for the regular Social Ce liter, which will be held in the school honve. Thursday ning'. Auk'. ", at o'clock. wii.Ij iiavi: ii.!k;i:. During the month of Aimiibt tho V. W. . A. suimiiiin;' tla.-s will be iti charge of Miss I'dhtl Frothcrs in the ;itisne of Misses Kleanor Gaik ami Flsie Wedrr. Miss (laik will visit in Fort a ne, and Miss Wcdt r will he amonV the young women who will spend !" days at Camp lberhart, Core y lake. The ramping party, which his year wil! number will leave) Monilay, to remain until Am,'. '2. They mil be chaperoned by Miss (Jertrude Myer:. How ShsWas Helped During Change of Life by Lydia E. Pinkham's Vegetable Compound. Philadelphia, Fa. 'I am justly "are cf ac and during Change of Life I suf fered lor six years terribly. I tried several doctors but none seemed to give mo any relief. Every month tho painswero intense in both sides, and made me so weak that I had to go to bed. At test a friend recommended Lydia E. Pinkham's Vegetable Compound to me and I tried it at once and found much relief. After that I had no pains at nil and could do my housework and shopping the samo as always. For years 1 have praised Lydia fl Pinkham's Vegetable Compound for what it has don?? for me, and shall always recommend it as a woman's friend. You are at liberty to use my e tter i n any w a v. M rs.TiioM son, WW. PusseU St.," Philadelphia, Pa, . Change of Life in one of the most critical periods cf a woman's existence. Women everywhere should rememlxT that there is no other remedy known to carry tvomen ?o successfully through thU trying period as Lydia E. Pinkham's Vegetable Compound. If you want special advice 7riti to Lydia K. IinLhatn Medit ino Co. (confidential), Lynn 21 a. Your letter ill !m openel. .read ami answered !y a woman vud held in strict coniidcnce.
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and about ;i:oitc;i: i. nrsir. Oeorso K i;ush. r.l l K. Wayne ft., died early Wedne sday morning at Kpworth hospital after a two months' illnejs. He was born in IMainlield. Ind., but had lived in Eolith i'.entl most of his life. He was rU year. old, having been born Feb. ;:. ISftJ. Surlvin him are his mother, M Mary (i. Kush of Ih-nton Harbor. M:?h.. hi.s fwife. Mrs. IMna Rush, two daughters, Mlsse.s (Jeor'ena and Alice, both of Henton Harbor, and four sisters, Mrs. 1 1. I Horden of New Carlisle, Mrs. A. H. WU'u-ins anl William Ibarentien of Uenton Harbor. and Mrs. Halyl Pilcher of Tucson, Ariz. The funeral will take place Friday afternoon at 4 o'clock from the Ilussell chapel. Burial will be in the City cemetery. i:ikky i). siii:i:ni:u. Fmery I) Shenef'iebl died Wednesday morning at y o'clock at his home, 4:: Franklin st.. after an illness of three years. He was born In Woodland. Ind., and on Autf. :?l, lSyu, was marriel tu Clara J. Henz. who, with one son, John, survives him. He is survived also by one 'brother. J. C. Shenetield of Eolith Hend, and the following slf-terr, Mr5. Jesse Monaweek of Mishawaka, Mrs. Herman Kizer of Wyatt and Mri. JiCrenz Ileinhardt of Iyransport. 1'he funeral arrangements have mt yet been made. MKS. MINMi: M. STtKlT. Mrs. Minnie Mary Stott, 4 4 years old. 72S Robertson fd., died at 5:l0 o'clock Tuesday afternoon after an illness of three weeks. She was horn in St. I ami Is, Mo., ot: March 7, 1S71. She has lived in South Uend for the past IS years, coming here from Flkhart. Her husband, Janus I). Stott, and one brother, Thomas Lewis, survive. Funeral service will he held at the residence Frblav afternoon. SlsTMK MAKY -MAID. Sister Mary Maud, whose worldly name was Mary O'lJrien, dieil W'edrasday mornliiK at 4 o'clock at St. Mary's. She was born in Michigan in ISoSand nteretl the community in lss::, taking lier final vows in lss'.. She was for many years a .successful teacher in the schools of the order and for a time was superior in two houses in Utah. .She tauuht in Alexandria. Ya.. and in California. The funeral will, take place Thursday afternoon. FUNERALS. .lOSF.IMI .IO.VACZ. Funeral services for Joseph Jonacz who was killed In the Kastland disaster at Chicago Saturday, were held Tuesday al the home of hi sister, Mrs. Anthony rjordics. 113 W. Indiana a v.. and from the Sacred Heart Hungarian church. Rev. Hertok otliclatinir. Hurtal was in the Sacred Heart cemetery. Jonacz is .survived by his parents. Mr, and Mrs. Baum Jonacz. of Warroi township. Ids brother. John Jonacz, and sister. Mrs. 'Anthony Ciordics. both of South Hend. Mr. and Mrs. C. L. Immel. 1307 S. Alain st.. left for Chicago Tuesday to attend the funera' service nf their nephew. Albert Immel, wno also lost his lif in th disaster. PROVE MEDICAL THEORY Open Air Treatment iiMi Monkeys Iy (icniry IJrotlicrs. In the evolution of medieine and surgery the masters of these professions have resorted to the use of the lower animals in making tests ly which the human family protits. The raM.it and the guinea pis are the lover animals in whhh th heart aetion id closest to that of the human heing. Tho monkey tribe, however, is the family in which tle action of the lungs is closest to that of man. Monkeys are particularly subject to pulmonary tuberculosis, or consumption. Among monkeys the deudly white plague reaps its toll a'. most without resistance. Several years ago the medical world evolved the theory that open air was tho surest preventative for tuberculosis of the lungs. ThLs scientilic disclosure was quick' caught up by the llentry Urothers. proprietors and owners of (lentry Brothers famous shows. Conducting a trained animal exhibition that has arisen to the apex of fame, (ientry Urothers used monkeys. The loss among the simians from tuberculosis was appalling. When the fresh air tieatnunt was expounded (lentry Urothers decided upon drastic moves. They decrc that monkeys for all time should n e in open air. Following this lvisioti came a most remarkable dt montrat ion of how nature provides for her own. Nature soon provided the simians, destined to upon air in a northern winter, with heavy coats of hair. These coats were heaier ihan any ever before seen on nionkiys. The monkeys wen' left in open air all the ear. their only protection being a dry goods box. .iiue then Clcntry Urothers have lost -but two monkeys, whereas '2 ." was th usual toll of the plague in winter. The monkeys. Mraiuely enough. vt h nine tluir new mode of living. All Mimmer tluy are kit in unmnlined spaces. In winter they are offered only enough protection to break the wintry winds. The result is that the simians are acclimated, there is no tuberculosis among them, ami the only troupe of year-round open air monkeys in the world is with Gentry Urothers' famous shows which are in this city. For this city only admission is especially reduced to '2o and !j cents. RELEASED ON BOND lae of 31an Alleged to Haw stolen Coat Continue!. John War.e-m r. 1 :: 11 1. S-rin t.. arrested Tuesday tiiuht on a charge of larceny, is out on jp'"1 bond. His case came up for trial Wednesday morning in the it police court, but was continued until Thursdav mornlug. Wagner is accused of haxir.g rotbed William Kenneil jf 1 1 1 Huron, of a coat. Kennedy was held up Monday night l.y two men on th 11. 'o!fwix av. bridge. Th'-y took away his ni.it hut left his money und uluablcs intact.
DEATHS
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ARADE IS HELD 15 BIG FEATURE Colored K. of P. Have Many Automobiles and Visitors in Long March. A monster parade headed by the Chicago K. of 1. band Wednesday morning marked the festivities of colored Knights of ithias on the third day of the ISth annual convention. In the line of march were two degree teams. Co. y, K. of P., from Indianapolis, headed by Major W. A. Jackson, and the .South fiend team of the uniformed rank, the LUhtfoot Co.. No. 21. Forty automobiles tilled with the Ladies of C'.lantha, an auxiliary order to the K. of P.. were also in the procession. Tie parade formed at the Swlgart builcang. the headquarters of the convention, an I marched down the principal business streets in the city. The exercises t lis afternoon ineluded a big exhibition drill at Springbruok park, a baseball game between Smith's W'dte Sox of Itenton Harbor and the outh Hend Flliott's Giants. . The drill w ill start at o o'clock and the teams to take part are the Crispus Attaceus of Kokumo, Co. K. of P.. Indianapolis, and I-ightfoot Co. No. from this city. This evening a banquet will be served in the fcjwygart hall and a band concert will be iven at the court house at 7:.J0 o'elock. This Is to be followed by a big military drill at Place hall. C.apt. .Stewart's K. of P. orchestra will furnish the music. Many prominent colored people from all parts of the state are in attendance at the convention. Among them are F. P. Parker, pastor of the First A. M- K. church, 'Muncie; John P. Morris. Hermie Yeager, Robert Gillion and ITdward Gaillard of Indianapolis. Col. J. H. Waters of the First Indiana regiment of Indianapolis is also in attendance. Reports were made by chairmen or the various committees of the organization and the routine business transacted. The supreme representatives at the session were J. N. Sheldon of Indianapolis and K. CI. Tidrington of Fvansville. II. F. Smith of Princeton, Ind., was given the P. G. C. degree, which is the highest honorary degree of the order. The olticers elected to serve for the ensuing year were: I-:. C. Tidrington, G. C, who has succeeded himself for the past nine years; Henry N. Hill of South' I lend. V. G. C; Campbell Upthegiove. Connersville, K. K. SV, Silas C. Pritchett, Indianapolis. G. M. of C. M. C. Hammonds, Terro Haute, G. P.; J. II. Uott, Indianapolis, G. A.; F. H. ItaiiFom, Indianapolis. G. L.; Arthur Hush. Noblesville. G. M. nt A.: Dr. C. Id. 'Carville, Terre Haute, G. M. Ii.: Frank Jones. Indianapolis. (J. J. G. ; Charle.s 11. Martin, Jeffersonville. 0. (. Ci., and Curtis Anderson, Vincennes, (i. M. Other hoard and committees that were elected to serve for one year were: Knoowment hoard. It. N. Powell, Frankfort, secretary; A. C. Cousins', Indianapolis, treasurer, and J. H. Henderson. Indianapolis, member;. Parrel fund board, Fred D. Hlake, Terre Haute, secretary: K. I). Gillium, Indianapolis, treasurer, and Thomas M. Dexter of Indianapolis, member. Trustees for the coming year, II. W. Hacker. Kvatusville; S. Jackson, French Lick, and S. Fox of Richmond. With the degree team of the St. Joseph lodge, No. 51, 45 candidates were given th? tir.st degree. A joint session of the grand court, the ladies' order, and the grand lodge was held last night at American hall, when the annual memorial services were held with the in tnorial day sermon by Rev. J. W. Long. Reports of the Pythian necrology committee and of Calathiau necrology committee were given by the secretaries of the orders. An address was delivered by F. U. Ransom on "Pythian Dead," in which he reported 4 3 deaths in the lodge during the past ' vear. Mrs. .Sadie Mosley delivered the address for the grand court on "Calanthiin Dead." Other addresses were delivered bv K. P. Tidrington, G. C ami Mrs. Julia Reed, G. W. C. Today's program will be featured by an outing at Springbrook park. This evening at 7:HU o'clock a concert will be given at the courthouse by the Grand Idge band and at 'J o'clock the grand military display will be given at Plae hall with special music by Capi. Steward's K. P. orchestra. TAKE FISHING TRIP Four Soutli Bend SMrtmcn "Will Spend Week in Viconin. Sam Schwartz. Rudolph Ackerman and William Hoffman left Wednesday morning in the hitter's automobile for Chicago. At Chicago the party will pick up K. R. Doran and the journey will be continued into the Wisconsin Jake district where a week or 10 days will be spent in iishin. CHARGE IS DENIED Ota Dice Sajs She Does Not Keep llon-c of 111 Inline. Ota Dice vigorously denied the charge of keeping a house of ill fame when she was placed on the witness; stand Wednesday morning In count ction with her arrest for conducting aj n sort. She declared that she vaa; keeping house for a ciirar maker. William Meisle testi:.ed that he lost ?D recently while in Mrs. Dice's rooms at 12 S. Michigan st. The court decided to take the iaJ:' under advisement and the decision will be announced Thursday morning. SPFCIAL PROGRAM. A special program has been arranged for this evening at the Salvation Armv tent on N. Michigan st. Rv. Thomas J. Parsons will be the speaker! arid an rsi.ecial fiature will be music by a male 'juartet. Lvervbody is welcome to attend this meeting. win, ici:r at sruixciitnooK. The t'irele .f Servie of the First r.ai-tiM rhureh nyHI h.'Ul tnf ir r i,'iilar monthly mrttinu' I'tUlay afternoon t I.ri'iK'To.ik i.uk. A iicnic jniM"r Will bo horcd.
PLAN EXTENSIVE
Rflftfl BUILDING
Supervisors Arrange for New Improvements of Portage Highways. i Plans for extensive road improvements in ..Portage township were laid Wednesday forenoon at a meeting of the toad supervisors held in the township trustee's oiliee. Trustee J. 1;Witwer called the meeting for the purpose of arranging for a systematic j method of improving the highways. The entire work on the roads will be completed before Sept. 0 proposed to have the roads still in rirt class shape by Sept. no at the latest. In road district No. 1 there arc eUht miles of graveled road. The chain lakes and Crumstown road will be graveled. Action will be taken to secure the services of an engineer to establish a grade on the City Viewroad and the railroads crossing the road will also be required to establish their grades. The district .supervisor will grade this road also during the summer. In district No. 2 there are 12 miles of gravel road. The Sumption Prairie road is to be. repaired this summer and also the Olive st. road south of the Sumption Prairie road will be reconstructed and gravelled. Repairs will also be made on the Sixth st. road north of Lasalle t.. and Svvaim's road will be gravelled. In addition to regular repair work on the Turkey Creek road additional work will be done with the view of protecting the grade. There are 13 miles of gravel road in district No. 3. In this district the Division st. road will be gravelled as will also the Crumstown road. Grading and tilling will be done on the Washington st. road and repairs will be made on the Avondale road. Those who met with Trustee Witwer were Frank Krill of district No. 1: Joseph C. Rerick of district No. 2, and J. 11. Zimmerman of district No. .'. Fvery detail of the best manner in which te attend to the road work was discussed. It was decided, in reference to the work this bummer, that every team would be be made to haul a full yard of gravel to each road and no driver will be permitted to use a wagon box less than 12x9 feet. It was also agreed that the weed law would be strictly enforced. All improvements are to be thorough and permanent and to be completed by Sept. JO. CASE IS DISMISSED Charge Again-t Bicycle Kidcr Is Dropped. .Stanley Dudek, alias John Migas, who was arrested Tuesday afternoon on a chaige of riding on the sidewalks of the city, was allowed to go free when he came up for trial Wednesday morning. It was claimed that he rail into a baby cab and nearly demolished the cah, but without injuring the baby. The case was dismissed for lack ot evidence. SUMMER SCHOOL TO CLOSE ON THURSDAY Summer school will close this week. Final examinations for the students in the grammar school building will be held Thursday and report cards containing the grades -will be distributed. There have been 125 students taking s-umme:- school work those who either failed during the regular semestcr or who were endeavoring to make more rapid progress. No exercises will be held in connection with the dosing of the summer school other than a luncheon which will he served to the teachers in the domestic science department of the high school. NEW DITCH CONCERN INDIANAPOLIS. July 28. W. C. Crull. Jacob Weiss and R. A. ZetbT of South Rend are directors of a ditch association which was incorporated here today. The name is the Filer & Leonard association of St. Joseph county and was incorporated under the new state law. The association will manage and build ditches. No capital was subscribed in the articles of incorporation. INTEREST SHOWN IN NEW MESSAGE (CONTINUED FROM PAG H ONK.) man newspapers on the American note caused the government to take i action. Kditors of newspapers which have been attacking America were warned to curb their utterance. Discussion of the note is not forbidden, but it must be of a more moderate tone. Herr von Jagow. the foreign secre- ! tary. had before him today the note 1 presented by Ambassador Gerard making inquiries as to an attack alleged to have been attempted by a German submarine upon the British liner Orduna. while it was carrying American passengers. It will be referred to the admiralty for a report. No nettcn has yet been taken on the general submarine warfare note from the Fnited States. As several departments will have to be consulted before any reply is made, it may be tho middle of August before any reply receives definite shaj". News of the sinking of tho Lecla- ! t-..i !.. .1 Vir tiilii' ).nt in the :b I sence of an otfirial report on the mutter, attaches of the foreign oltice de clined to dieuss it. 3i.ki: mr. (.urn at nk;iit. T. Far! Kuntz and Donald K. Dubail hae returned from a successful fishing visit at Long lake near Jones. Mich. They report i:ood luck In moonlight tishing. On Monday ni'ght they caught 2' lare white bass, some weighing more than four pounds each. The also caught .'.( Mm skills averaging two pounds in weight. AITO DRIVLU HMLP. KOKbM'i, Ind.. k July 2v Frank Knotts. driver of an auto truck which ran down and killed Mrs. W. A. Sanders. 40 vears old. is h ing held pending an investigation of the accident. wn.ii snow i: stl.M) ricrcrjis. Tho 1-tsallo and Surprise theatt-rs will tilmw ralistio motion pictures of the Kastland l out disaster today ami Thursilay. Kxpirt eamtrj mn wore on the i. aiid taupht every detail of tht at e id-nt. Advt. rATi..M) iis.ti:k ricTCito. Shown at w isalle and Surprio theater.- W.-dnesdjy and Thuriy. Iteular pricta. Advt.
ROBERTSON
High Grade and style in
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Does the Grand Jury Retard Justice? No! Says Judge Swann Ity i:i)WAKl SWA XX. Juttec of tho Coprt of (ioneral Ssions, .Yv York City. One or the most Important iroiaI.s now before Use on-tlt ittlonal contention at Allnuiy, X. V,, In tlio abolition or tlif' grand Jury .Mntt'in. Opinion Is tliilcd its to tli wilorn of the step. Conner PreVt Turt ha ttihlressecl tlu convention In f aor of the reform. One of t hoe w ho oppose tho proposal is ICriwurd Mvann, a Judge of the court of general sessions for tho pat eiuht years.
Before proceeding to discuss the important question as to whether the Krrand jury aids or retards t'ae administration of justice, it may be advisable to say a few words in explanation of the grand jury itself. The general grand Jury panel ia selected after careful inverthatlun from the uciieral panel of trial jjrorj. There is what is known as a strand j'.'.ry hoard, composed (f tvo judges t the appellate -livision, two Jude of the court of general sessions ami the mayor, and the commissioner of jurors is the secretary of the board. The hoard investigates and sift the whole pcnrral panel of trial jurors and those persons it thinks are qualilied by experience, judgment, acuteness of intellect and moral standard or reputation in the community are selected as urand jurors. There is a K-neral ranj jury panel of about 1,100, and out of that panel aeh month two rand juries are dr.wvn. Thiw persons- who surest the abolishment of tlie rand jury .system do not scorn to understand the care with which that body of laymen is select-.-1, and when they object upon the ground that the grand Jurj may refuse to indict on account of either political bias or favor, they do not understand that it does not take 2'1 men to indict, and it is not necessary that the grand jury should he unanimous, but only a bare majority of the grand jury is necessary to lind an indictment. lilac kstone boasted that no man could 1)0 convicted of a crime until 2 4 of his fellow citizens had voted in the affirmative, at least 12 out of the 23 of the grand jury and 12 of the trial jury, yet former lre.st Taft has recently, before tin judiciary committee of the constitutional convention now sitting at Albany, advocated th1 abolishment of the grand jury system. The irrand jury jystm has teen abolished in India. Cape Colony and Ausi tralia. and has been modified in Cali fornia and Oklahoma. Ha. the grand jury outlived Ha usefulness here? A Court of Inquiry. The procedure before the grand jury is an inquiry and not a trial; its function is to ascertain, after a sifting of the evidence of the prosecution and weighing the residue, whether thfre is a pri.. a facie case against the accused just-'ying putting him to trial. The ca?-s that come before the grand jury are: (1) Those that have been held by a city magistrate to await the action of the grand jury after a preliminary investigation and an offer to the defendant to hear his side of the case, if lie desires; (2) Those cisfs where the proposed defendant cannot be found within the ytate and who. therefore, cannot be taken before a masbtrate in the tirst instance. Ii aildition to these cases tho grand jary may at any time invest uate and upon a case of their own motion.
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& but the caws in which this is done arc so few as to be negligible. In the nrst class of cases the grand jury sits in review of tho city magisii me aim may exercise u veto power over nis action, thereby affording additional protection to the citizen against hasty action, or possible unjust accusation. In Hngland and most of the Knglish possessions the grand jury gets at the facts in very much the same wav that a body of representative business men would get at the facts without being tied down by the rules of eidrnce," out in Xw ork state the arbitrary and inelastic rules of evidence arc such a fetish that the grjind jury is prohibited by statute from hearing any other evidence. Therefore, it may be properly said that when an indictment is found, it is based on tes timony taken in due form of law and sufficient in form and substunce to sustain and justify the indictment. Two Tactions of ()pionciits. Those who udvocate the abolishment of the urand jury system object to it from diametrically opposite viewpoints, one set of objectors cluimins that the grand jury should he abolished because it does whatever the district uttorney wants and finds too many indictments on insufficient evidence, and the other set objects that it does not lind enough indictments. being affected by social or political bias to the favor of, and may come under the control of, the powers that prey. If the grand jury endeavors to propitiate both SH-ts of objectors by attemptingto sit on both stools at once it will fall to the ground, but it will no doubt continue in its wise course of avoiding both of them. It is objected that the prand jury, teing a body of laymen, should not sit in review of the determination of the city magistrate, who ig a professional man with a greater experience to judge of the merits of the cae. but those who put forth this argument lore sight of the fact th;U a trial jury will finally pass upon those facts and in the last analysis will take a layman's view of it. and it is better that a body of lay gTand jurymen p.ia upon them in advance to determine whether laymen will be likely to convict. In rendering a general verdict ouch as "guilty" or "not guilty." as the case may be), the jury sn ffe-t takesits own view of the merit? or demerits of the law involved in the cases ah well as of the facts. Jury Indev of Public Sentiment. There are ir.ar.y laws on the book which create crimes out of ads which were not crimes before the statute, and of these in particular the jury Imp its own view and takrs a very human view of transgressions of tutute which make crime out of what watnot so before; the jury it th index of public sentiment on the merits of a law. Thus, for rxarr.plo, in excise cases for sellini' li-uiors after houm. the grand jury hesitates to indict, and
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when it does Indict tbr trial Jury refuscs to convict. Wo may as well look facts in th face; the legislature proposes, hut in practice the Jury disposes; the jury possQsses the touch of nature that makes the whole world kin and tempers the law to the Individual transgressor when the act itself is not criminal ir. its nature, or was prompted, Ly instinctive human Impulses. It should not be claimed as a ju.st objection to the grand jury system that the grand jury indicts too many persons, for in actual practice the grand Jury hears only those cascj which the district attorney thinks the evidence shows enough facts to justify an indictment, and even if they should exercise at any time their rhtht to investigate on their un initiative and lind an indictment which the district attorney thinks not Justified by the evidence, the district attorney can lecommend to the court a dinmissal f the indictment, and if the facts aro not sufficient to justify an indictment the court will dismiss it. A l'roUvtion Tor Citizens. The grund jury is an additional barrier between the eitUen and an unjust prosecution upon insufficient facts in ease of public clamor er partisan ardor, and thus it exerclht-s a et power any action that mty b.- d v to a possible exccs.9 of nrofeiot;al ;'! on the part of a distrita att.rri:: t is a balance wheel in the jud.cn 1 machinery preventing a sadb n d:r.g up to the over-heating point. If a district attorney v, a - .t.'-jni-abie to no one but himxl: a n 1 c';i I tile an information n --.'.Jiust anv m.in w ho could n't be umnio:: d to appear before a ity rr. t-isTat- I.ecajjS" he happen d to be t em i- r 1 1 !' .ibs- nt from the state ar.d the lrrimoi's could not be serve. 1 n him in another jurisdiction, and thu institute a criminal prosecution against hii-'h person uithotit submitting the !m in to any one. or even on ex-parte uttMawti of wjt-nes.-es, it would he autocratic power ventd in him whirji may be conducive to expedition and dispatch, but it is not the American policy to put s much iowcr in the hands of one man. If no one Ii: an is fit to govern his fellow men. as Jefferson said, for greater reaion no one man i tit to alone decide that anv dhT man should, heindicted fur a felony. The anAr to the .s- cond objretion to the grand Jury system is that it for any n ason a grand jury falls or refuses to indict on proper and joifhcient fvidiT.ce, tiie district attorney m:y nubmit ari application I" the rourt t present the facts b-fore urvther -Tan I jury the n xt month, which consuls of er.tlre'y different member', to consider and pas-s tjpen the nuMion ane . The true position lies '.etwren the two coursvs objected to, and jn order to rech and maintain It the ;:rand jury has to avoid both cxtrere.es. Whether the grand Jury prisms a useful and t:cesary function m the administration of criminal 1h.v. I mast leave to th- reader's o.en ound judgment, with a simple assertion in lis fa or. cam: coNTiNcr.i. John troter, when arraigned In eity court Wednesday morning on a cd-iarge of tr-"pas-inu n tlu I-tke .hore riffht of way, de-.-ided he wanted to go to Kllvhart. He thci-ht he could tied work there. 11.- also thought h" ould be allowed t -o if he pleaded guilty. However. Spevi.d officer Shannon was n-t on h ml to prt'ecute the case anil It '.his continued. SUul'cr wa released on !Z0 bun J.
