THE PATRIOT Published Weekly By THE PATRIOT PUBLISHING COMPANY, Office: No. 15 Carpenter Avenue Marshall Building, INDIANA, PENNA Local Phone 250-Z FRANCESCO BIAMONTE, Publisher Entered as second-class matter September 26, 1914, at the postoffice at Indiana, Pennsylvania, under the Act of March 3, 1879. SUBSCRIPTION ONE YEAR . . $1.50 | SIX MONTHS . $l.OO The Aim of the Foreign language Papers ol America To HELP PRESERVE THE IDEALS AND SACRED TRAD ITIONS OF THIS, OUR ADOPTED COUNTRY, THE UNITED STATES OP AMERICA; TO REVERE ITS LAWS AND IN SPIRE OTIIERB TO OBEY THEM; To STRIVE UNCEASING LY TO QUICKEN THE PUBLIC 8 SENSE OF CIVIC DUTY; IN ALL WAYS TO AID IN MAKING THIS COUNTRY GREAT ER AND BETTER THAN WE FOUND IT. March Grand Jury Is Charged By judge March Sessions, 1917. Gentlemen of the Grand Jury: Your names have been drawn from the Jury Wheel, you have been regu larly summoned and sworn as Grand Jurors for the March Sessions of this Court, in keeping with the laws of Pennsylvania. The qualifications of Grand Jurors as required by the law of our State are that they must be "sober, intelligent and judicious per sons." This Court is of the opinion that you measure up to the full legal requirements in point of qualification, and you are now entering upon the high and exalted duties you are call ed upon to discharge. It is important that you fully realize and appreciate the responsibility resting upon you to the end that your duties may be clear ly comprehended and faithfully per formed. All that you need to do to come up to the full measure of your duty is to exercise your common sense and conscience along the lines of fairness and justice with sober, thoughtful and unprejudiced minds. The result of your deliberations and findings is important to the parties charged with violations of law to see that no injustice is done them, which is within your power to prevent, and it is also important to society that all violators are properly presented for trial. In this connection it is proper to say that some criminal cases get past the Grand Jury where the prose cution is prompted by malice, hatred, revenge or some other equally un worthy motive. Where the evidence | Facts I Fallacies It M FACT is a real state of things. FALLACY is an appar- ently genuine but really illogical statement or argument. \ T7XPERIENCE has taught that Prohibition is a FALLACY, and where Local Option (or ' , Li local Prohibition) has been applied in counties of Pennsylvania, through Judges refus- /1 Py ing all licenses, FACTS and figures have shown no lessening of indulgence in liquors. For LJ instance, in 1915 J. A. McLaughry was elected Judge in Mercer County, and he refused all f licenses under his jurisdiction for 1916. With what result? Read what authoritative wit- r l fj nesses testified at License Court on December 4 and 5 last: VJ / U T M. Cundy, freight agent for the Erie Railroad, testified that 374 cars of liquor were A ' / J • shipped into Farrell, Mercer County, Pennsylvania, during the nine months the coun- A fd ty has been 'dry.' These consignments included 242 barrels of beer, 306 half barrels, II 38,248 quarters, 94,667 cases of two dozen bottles each, and 7076 packages of whisky." VJ \ «\Y7 W. CARTRIGHT, freight agent for the Erie railroad, testified that seventy-five car- pi fJ W • loads of liquor were shipped to the valley towns in six months." Lj I V K. MOORE, Erie freight agent at Sharpsville, said 28,162 packages of booze had y \ i VJ* been received at Sharpsville." { } l\ fT*" "1 . U I L. LATIMER, a railway clerk. I y— ■ ' j/I Pi • test'fcl thnt within two weeks J y HI r ' r -S' ,ike 750 -' ; ' } passes | k r W/7 (Ok \ M L l of beer, 20j>,000 glasses of wiiisky and I V ' 1 y,4 < \y if) /J 50,000 of wine were shipped to Sharon , •• /r L, JJ Li \ / VI fl from outside points, the ner diem cost of . 1 » - " \* / j . //J which was $4000." * | jjj / ;j /| OF POLICE MILLER, of ; f7\ [r 3 fp* EE?' Jv\! Ui V> Mercer, stated that arrests were I a'-/ j\Vyi I l/V I i-*i J running about even. In the I • LIW! l I (vs. i eleven months of 1916 the police arrested \ '■'/ j 1 ' 1 hg 407 persons from intoxication, while in I [ 1 111 V 1915 for twelve months, when the county I V.SHARPSVILLE ' S'ZZJ / I f/ I V was 'wet,' 426 persons were arrested for » { - * \ I \ \i i the same cause." j \A \ npHE above FACTS in evidence arc /K SL - ■ A A quoted from the news columns of a fab Aon p*T T > fciJ M Philadelphia daily paper that advo- \\ rxrVlLiLiLi MERCER. j jM L*l cates Prohibition, and the testimony i v \ ( \ J jj jfJ 1/J shows conclusively the FAT, LACY of I \ \ J 'I \\i f/ . "dry" conditions in Mercer County. > [ / /\ / [\> ]/1 Likewise did the Venango Herald, of J \ / / \Jr k\ j / Franklin County (a Prohibition organ), I \SX / V \ / I (A editorially confess to no betterment of =sr— n LV conditions in Venango County, after y Judge Criswell had refused all licenses. I] Pennsylvania State B * 109 |[(j and circumstances disclose motives of trying to "get even" with somebody, or to punish somebody, or to avenge a personal wrong or injury, the best service you can render your County, or society in general, it to return "Not a True Bill." Grand Juries at almost every session of Court err in not weeding out such cases by ignor ing such bills. To not do so is expen sive to the County, and encourages criminal prosecutions that have no proper place in our Courts. \ou must not fall into the error that be cause the District Attorney prepared and submitted a bill of indictment that it necessarily follows that you, as Grand Jurors, must return "A True Bill." The District Attorney may or may not know the facts in the case, and it is no difference whether he knows or does not know the facts and motives which have prompted the prosecution, you as a Grand Jury, and not he, as District Attorney, are charged with the responsibility of de termining whether the case should be ended before the Grand Jury or sub mitted to the Court and Petit Jury for further investigation. From the time the Grand Jurors are summoned until finally discharged, they bear an official relation to the Court, and no person during that per iod has any right to talk to you about any case or in any manner attempt to interfere with your duties. Anyone thus attempting to influence a Grand Juror would be guilty of contempt of Court and his offense would be pun ishable as a misdemeanor. The District Attorney will present the Bills of Indictment, and advise you upon questions of law. It would not be proper for you to consult him as to the propriety of finding "A True Bill" or not, and it would be just as improper for him to express himself as to whether a bill should be return ed "A True Bill" or "Not a True Bill." During the discussion of a case or while taking a vote, the District Attorney should retire from the Grand Jury Room. It is for the Jury alone to consider the evidence and apply it to the case in hand without interfer ence or attempt at influence from any person not a Grand Juror. If any of the Grand Jurors should happen to be related to any of the parties to any prosecution brought be fore you, that is to either prosecutor or defendant, or should any juror be interested as a witness, or has had the facts detailed to him by parties or witnesses outside the jury room, before or since summoned as a Grand Juror, of if interested in the result of the prosecution in any manner whatsoever, such juror should take no part in the hearing, discussion or de cision on the Bill of lt is proper for you under such circum stances to remain silent. The reason for such a course on your part is, that both the Commonwealth and the ac cused are entitled to the undoubted action of an unprejudiced Grand Jury. Under the law of Pennsylvania the foreman of the Grand Jury, or any member thereof, may administer oaths to witnesses which may appear before you. Your authority for this proced ure is found in the Act of March 31, 1860, which reads as follows: "The foreman of any Grand Jury, or any member thereof, is hereby authorized and empowered to administer the re quisite oaths or affirmations to any witnesses whose names may be mark ed by the District Attorney on the Bill of Indictment." In this connec tion ydu will observe that the power of a Grand Juror to administer the oath is limited to those cases where the name is marked on the Bill of In dictment. If the name of the witness is not on the bill you can't swear him, and it will then be the duty of your foreman to call the attention of the District Attorney to that fact and have the name of the witness placed thereon. And furthermore, his name must be marked on the back of the Bill as a witness, even though the same name or the name of the same person may be found on the bill some where as prosecutor. The name of the prosecutor should be endorsed up on the bill of indictment and all bills of indictment should be signed by the District Attorney before consideration by the Grand Jury. The District At torney has the authority to administer oaths to witnesses, and will aid you in that regard whenever necessary. He may also assist in the examination of witnesses as any juror may. Twenty-four Grand Jurors are sum moned, but the maximum number that could be sworn is twenty-three, for the reason that a majority of your number, and not less than twelve, must agree before you can return a "True Bill," and if twenty-four were sworn you might divide equally on some case. Unless at least twelve of your number are in favor of returning a "True Bill" on any case, you will re turn "Not a True Bill," but before you can ignore a bill, that is, return "Not a True Bill," you must call and examine all of the witnesses named on the back of the Indictment. If twelve of your number are agreed after hearing one or two witnesses it is a waste of time to investigate further, and you should make your finding, take your vote, dismiss your witnesses and proceed to the next case. You may have Bills of Indictment before you containing 1, 2, 3, 4 or more counts. If the evidence war rants you can find a "True Bill" on one or* more counts, and "Not a True Bill" as to the others, but you must specify as to numbers as to which are | "True" Bills" and which are ignored. After you have made your findings i and taken your vote, your foreman will date the bill ana sign as foreman. The form on the Bill of Indictment will indicate to you how this shall be done. After a Bill of Indictment has been acted upon by the Grand Jury it should remain in the possession and custody of the foreman until return be made to the Court. The District Attorney will desig i nate by endorsement on each Bill of Indictment whether the charge is a felony or a misdemeanor, and in all prosecutions of misdemeanors, if the bill of indictment shall be returned by you "Not a True Bill," it is your duty to decide and certify on such bill whether the county or the prosecutor shall pay the costs of prosecution; and if the prosecutor be adjudged by you to pay the costs you must name him in your return and unless otherwise directed by you, he will be required to pay the sum of Four Dollars ($4) for the use of the county, in addition to all other costs of prosecution. The costs of prosecution accruing on bills of indictment charging a per son with felony, ignored by the Grand Jury are by law payable by the coun ty, except, however, that in all prose cutions for larceny where the value of the goods and chattels alleged to have been stolen, shall be less than Ten Dollars ($10), if the Bill of In dictment shall be returned "Not a True Bill," the Grand Jury shall de cide and certify on such bill whether the county or the prosecutor shall pay the costs of prosecution; and the Grand Jury shall be the judges of the value of the goods so alleged to have been stolen. Except, also, that in all prosecutions for assault, or assault and battery, where the prosecutor has made complaint, under oath, that the assault was made with the intent to maim, disfigure or disable such prose cutor or other person, or to commit the crime of murder, or where the bill of indictment in cases of assault, or assault and battery, charges the de fendant with a felony, if the bill of in dictment be returned "Not a True Bill," and the Grand Jury believe from the evidence that the prosecutor had no reasonable grounds for making the charge of felony, they shall decide and certify on such bill whether the county or the prosecutor shall pay the costs of prosecution. In all cases of misdemeanor and in all excepted cases charged with fel ony, as just explained, where you find the prosecution to have been institut | ed without probable cause, or for re | venge or in a spirit of retaliation, the costs ought to be put on the prosecu tor. On a Bill of Indictment based upon the return of a Constable, if the bill is ignored, the county as a general rule should pay the costs. You can't fix the costs upon an individual prose cutor without he appears before you as a witness. You should not compel the county to pay costs in unfounded prosecu tions, and to this end carefully inves tigate the circumstances of each par ticular case, where the indictment is returned "Not a True Bill," with a view of ascertaining whether the prosecution was brought in good faith or not, and what disposition should be made of the costs as between the prosecutor and the county. You can not divide the costs between the county and the prosecutor. When the county is required to pay the costs it pays all the costs of prosecution. When the costs are paid by the prose cutor you must name him in your re !turn. Under no circumstances, where the bill is ignored, can the defendant be made to pay the costs or any part of them. Besides these general duties that 1 vve have been discussing there are spe- j eial duties devolving upon you as ■ j Grand Jurors. Thtws it is the duty ol ! :he Grand Jury to inspect the county ouildings, the Court House, and sug- 1 .jest any needed repairs; the Count> for the indigent poor of oui j county; the Willard Home for the de pendent, neglected and incorrigible ; -'hildren of our county; the Count j > i ail, now used mainly as a place oi ; letention for criminals. On account >{ the construction of our jail we can j lot use it to any extent as a place ft ! ffenders of the law after sentence. 1 ;here were some changes made with . ! /iew to classification of the prisoneis I /e think in the long run it would b a the interest of economy, but froi : ;ie time that the proposed change ould be completed it would be an a< j r ance step toward proper prison disc »line. As conditions now are we a ompelled to send many prisoners t he Allegheny County Work House : ( i iiici eased expense to our count iat otherwise could be kept in oi \ti County Jail. You should not fo et, and the people and taxpayers < idiana County should know and n >rget that every prisoner that is sei zt of Indiana Cf /ty to serve asr | [ is sent at t' ? County's exper 1 > "' T i's we hea criticism of t 1 | Courts for not sentencing certa criminals for longer periods. Som j 'mes that criticism is a just and pi ier one, but Courts have a duty 1 perform in looking after the intrres' >f the taxpayer as well as the refr nation of wrongdoers. The high cc ,>f living has affected penal instit- I tions as well as individuals, and t ly they a.e eh ring higher rat | -r maintebanc prisoners tfv j ley did a fev y- s ago. It must b lid, however, t t the ite has zers confined ire Indiana Court ill. That mnv ' t be fair treatn f our present S 1 - iff. but it is nevr heless the fact. In 1915 Iridic County paid maintenance of rr 'soners at the A ll heny County ' k House, the sr $3,586.50: nt the Western Per : tc ary $2,615.69; at Morganza, S3 ~~f 2; and at the TT Rp* r tory, 5779.60 ir. .king a total of sl' 11.51. In 1916 :'s our County laintenanc* 1 °f at the '" heny County v House the si v $2,690. nO1 * Western Per : ter Oop • Hn<je 4 PENNSYLVANIA—WHEN? ia~>3 j IDAHO _ -1096 //jW// /V UTAH ' -1896 # '/my/p WAShiwjW-ISIO : 'r /Mry CftLITOWM'-ISU ARIZONA .1912 * <3l2 ////M,, JL, I/ ILLINOIS - it) 13 ///// 7 NCfcTH OWOTVI9I7 tv/// &&W » / ("PftESlDtNTlAi* A Bwmk iNIMNA 1917 VARE, SUFFRAGE SENATE LEADER Chosen by Big Women's Organ ization to Guide Enfranch -1 izing Amendment LINES UP ALL DIVISIONS Suffrage strategists have announced a political coup, which even their op ponents have admitted will go far to* ward lining up all factions in the pres ent Legislature in support of the wo man suffrage amendment bill. This is revealed in their announcement that In the upper branch their leader and champion will be Senator Edwin H. Vare. The full significance of this revela tion is appreciated, when It is recalled that Representative Samuel A. Whit aker of Chester county, a Penrose lieu tenant, is sponsor of the suffrage amendment in the House, and suffra gists declare that the Vare leadership carries with it the full strength of Governor Martin G. Brumbaugh, who, in fact, suffragists aver has promised personally, to do all he can to have his entire following in both House and Senate vote to pass bills which will authorize a woman suffrage amend ment in 1920. Repeats Promise Upon the other hand, although op ponents of suffrage say that the suf fragists are basing their hopes of Sen ator Penrose's support upon state ments made by him last fall, the suf fragists also reveal for the first time that they have had recent reiteration of the senator's promise of aid. Thus, the suffrage forces declare that any who oppose them in the Legislature, not only will be repudiat ing their National party platform, but will be repudiating their leaders, under whatever factional division they may come, and in most cases will be basing their opposition upon allegiance to some force, which they will not openly admit. When the alignment on the amend ment comes, the suffragists declare they are prepared to show how oppo nents have stood upon other progres sive legislation. Apart from their strategy in choos ing their House and Senate leaders, the suffragists are known to consider as their best weapon the $50,000,000 good roads amendment, which person ally they do not oppose, but which they declare in all its phases parallels the woman suffrage amendment. This amendment was defeated at the polls in 1913, was re-introduced and passed in 1915 and must pass again this ses sion to secure a vote again in 1918. Senator Vare. who is chosen by the women as their Senate leader, has been a constant friend of -uffrage, and was a valuable asset in their last fight —in the 1913 and 1915 sessions of the legislature. Young Tactician In contrast to the seasoned cam paigner, who will direct the progress of their amendment bill in the Senate Senator Vare, suffragists have choser. as their House leader, a young tac tician. Samuel A. Whttaker of Chestei County. When last elected to the Legisla tnre. Mr. Whitaker was serving on th# Mexican border with the Phoenixvillf Battery, the oldest organization of itf kind in the state. Mr. Whitaker wat graduated from the law department ol the University of Pennsylvania in 189f and practices in Philadelphia. He ha* been president of the State Institute for the Feeble Minded at Spring City and has been interested in publit libraries and other activities in hi! home county and in the Eastern pari of the state. SOLDIER-LAWYLR SPONSOR OF SUFFRAGE IN HOUSE *v. g ■ •' % Jm SAMUEL A. WHITAKER PATRIOTIC WOMEN WILL AIO COUNTRY County chairmen of suffrage organ isations throughout the state have re ceived from their headquarters In Har rlsburg a detailed report of the plan adopted by the Executive Council of the National American Woman Suf frage Association, which met recently in Washington, D. C., to devise methods of assisting the various states and the federal government if the United States engages in actual hos tilities. Prefacing their offer of service to the President and government of the United States, the national suffrage leaders expressed the following senti ment: "We devoutly hope and pray that our country's crisis may be passed without recourse to war." "If, however," the suffragists de clare, "our nation is drawn in the maelstrom, we stand reedy to serve with the zeal and consecration which should ever characterize those who cherish high ideals on the attitude and obligation of citizenship." It was also made plain that there was no intention of laying aside their constructive, forward work to secure the vote for women. Specifically, the offer of service con tained the suggestion that a national central committee be formed at once to be composed of a representative from each national organization of women willing to aid in war work il the need arises as a clearing house between the government and women's organizations. It was suggested that the central committee undertake to establish a department consisting of employment bureaus for women, another to in crease the food supply by training women for agricultural work and the elimination of waste, a third to direct co-operation with the Red Cross So ciety, and another having as its ob ject the Americanization of foreigners. thn arises a council of r • hairmer w! 1 ! be called to di»> deta?'? t»f 'e plans.
Significant historical Pennsylvania newspapers