Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President, Transmitted to Congress December 2, 1895, Part II

Governor McIntire to Mr. Olney.

State of Colorado,
Executive Office, Denver , January 15, 1896 .

Sir: Further replying to your letter of December 27, 1895, I have the honor to transmit a copy of the letter of the district judge of the third judicial district, in which district lies the county of Huerfano. I have also had the opinion of the attorney-general of this State to like effect with that contained in the letter of Judge Northcutt. I am, on careful consideration, unable to form any different opinion concerning the jurisdiction of a grand jury of any other county than Huerfano County in the unfortunate matter under consideration.

I am, etc.,

A. W. McIntire, Governor.

[Inclosure.]

Judge Northcutt to Governor McIntire.

Dear Governor: In response to your communication of the 4th instant, transmitting copy of inquiry from the Secretary of State, I respectfully suggest, after a hurried examination which I have been permitted to make, that in my judgment the opinion of the attorney-general is correct. By general section 1467, M. S. our criminal procedure, except as by statute otherwise provided, is according to the common law. Nowhere in our statutes or Constitution is the jurisdiction of a grand jury defined.

At common law the grand jury are sworn to inquire only for the body of the county, pro corpore comitatus, and therefore they can not regularly inquire of a fact clone out of that county for which they are sworn, unless particularly provided by statute. (4 Black, 304.)

The powers of grand juries are coextensive with and limited by the criminal jurisdiction of the courts of which they are a consistent part. (9. A &. E. Ency. of Law, p. 14, paragraph 5.)

Thomp. & M. on Juries, section 615 et. seq. From the authorities cited it is clear to my mind that the grand jury of a county would have no greater power than the court itself. And as is well known the court sitting within and for one county has no power or jurisdiction to take cognizance of crimes committed in any other county save as they are brought before him upon change of venue upon the application of the accused. To illustrate, district court sittings in and for Las Animas County would have no power or authority to grant to the district attorney leave to file in said court an information charging A. B. with crime as having been committed within Huerfano County.

We are satisfied that any action taken upon the matter under consideration by a grand jury outside of Huerfano County would be absolutely void.

It is something of a breach of propriety for me to go so far in these observations upon a matter that may possibly come before me judicially. I feel, however, that the digression is justified by reason of the source of the inquiry and the importance of the subject-matter.

Entertaining an abiding hope in the efficiency of our officers and their determination to vindicate the law and protect the good name of our fair Commonwealth, I beg leave to remain,

Yours, truly,

Jesse G. Northcutt.