90 ANNUAL REPORT OF THE Off. Doc. 



the Executive Department of the State, and obeyed by the citizens of 

 the Commonwealth. 



This Honorable Court is respectfully and earnestly requested to 

 consider the grave situation created by the action of the grand jury. 

 This action seems to indicate that the grand inquest, moved by an 

 unfavorable opinion as to the wisdom of the law, has chosen to dis- 

 regard a statute of the State. Such disregard, we respectfully sub- 

 mit, calls for judicial action, in order that the law may be maintained 

 and obedience to legal procedure projjerly enforced. 



That this Honorable Court has the power to direct a re-submission 

 of these bills to a grand jury, with proper instructions as to the 

 duties of the grand inquest, canoot be doubted. 



If it be suggested that the number of indictments presented is ex- 

 cessive and indicates a disposition to persecute rather tlian prosecute, 

 the answer is that where more than one indictment has been pre- 

 sented against a single defendant, that defe'ndant has had a license 

 for several difTerent places of business, and at each of said places of 

 business, has, upon more than one occasion, violated the law by 

 making sale of a prohibited article. Even if more indictments had 

 been presented against a single defendant than was proper under all 

 the circumstances, this would be no good reason for allowing such 

 defendant, if violation of law was established by evidence, to go un- 

 indicted and unpunished. 



This Honorable Court has ample power to control the prosecution 

 of indictments, and if more indictments were returned against a 

 single person than in the opinion of the court should have been pre- 

 sented, the Court, from its inherent power to administer justice, 

 could control the prosecution of said indictments and the punishment 

 thereunder. 



If upon an examination of all the indictments, which have appa- 

 rently been improperly ignored by the grand jury, this Honorable 

 Court shall be of the opinion that an unnecessary number of indict- 

 ments have been presented against any single individual, it can now 

 direct that only such number of indictments against any single per- 

 son shall be re-submitted to the grand jurj^, as in the opinion of the 

 court shall be proper and right. 



In regard to the payment of costs, as directed by the gi-and jui'y, it 

 is respectfully submitted that the direction of the grand inquest upon 

 this subject is manifestly unjust. That this Court, by virtue of its 

 inherent power to administer justice, has control over the subject of 

 costs, caonot be doubted, and the courts of the Commonwealth have 

 universally refused to require payment of costs by a public official, 

 acting as a prosecutor in his official capacity, unless it were clearly 

 shown that the official had acted in bad faith and in disregard of his 



