I admit that the suggestion is somewhat radical, but for that matter all reforms are radical that overthrow old systems, and are as a rule bitterly opposed by conservative people.
The body known as the Grand Jury has come down to us through many generations. But it may be well to know that the Grand Jury system is not an absolute necessity. At the present moment it is nothing less than _the appendix vermiformus_ of the District Attorney’s office. And as it needs heroic treatment, it should be abolished without delay. The remedy is excision.
In some countries, for example, like Scotland, there is no Grand Jury. The work of preparing indictments against lawbreakers is done by a paid official called the Procurator-Fiscal. He and his assistants make a thorough investigation of every person against whom criminal charges are laid, and if found that there is just cause for such action the accused is then proceeded against in the criminal courts. If not, that is the end of it and the county is spared the expense of further litigation.
In various States, grand juries are usually made up of rich men—owners of real estate and persons of large means and business interests. Whatever else the Grand Jury is, it certainly is not a representative body. The poor man, no matter how good or intelligent he may be, is not allowed to sit with them, nor has he any say in their deliberations. They are composed of active or retired but wealthy business men, and apparently have no real sympathy with the common people. Some Grand Juries were ready to indict labor leaders, no doubt at the request of the District Attorney, but when the case against the ice grafters came up, Judge Rosalsky had to call special attention before anything was done. But this should not be. Independent of the action of the District Attorney, they might have indicted many of the rich thieves that stole millions from the street railroads of New York, and without the aid of the District Attorney they might have indicted several rich Insurance grafters and took pains to see that they were sent to jail for stealing the people’s money. Such action would have commended the Grand Jury to the people. During the McClellan administration some of his own probers have shown that many Tammany office holders have stolen thousands, if not millions of dollars from the city. But neither Mr. McClellan nor Mr. Jerome have taken sweet counsel together to send the grafters to jail. The Grand Jury could have made an original investigation without the aid of the District Attorney and indicted them one and all for grand larceny. It would have looked better if Mr. Jerome had refused to allow any of his assistants to be made Magistrates by the Mayor. In all this the people have wondered why the Public Prosecutor did not send the grafters to jail.