The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-15

Emo Or0uu Jury OF the Geuerai Ses.
sions-Thc Bill Before the state Legis-
laturo.
The Grad Jury of the Court of General
Sessions of the Peace in and for the city and
county of New York, empanelled on the LIST
day of November last, Is likely to become a
body of historic renown. Already it has been
in existence for over two months, steadily and
perseveringly pursuing its duties, regardless
of calumny and abuse, and resolved not to
cease its labors until 1t has accomplished the
the vindication of the rights Of the
people and the accomplishment of the
ends Of justice in the matter of the
city frauds. Its members--all men
of business occupations-have set aside their
private interests and devoted themselves to
self-abnegation deserving of all praise. They
have twice asked at the hands the Judge an
extension of their time, in order that they
might complete their important work. Find
ing themselves prohibited by an existing
statute from bringing in such indictments as
in the course of their investigations, during the
co-existence of the Oyer and Terminer Grand
Jury, they have signified their willingness and
their desire to remain in session until after
that inquest shall have been discharged, and
they now declare their resolution not to be
driven from their line of duty by any attempt
that may be made to weary them out by
protracted term of the Oyer and Terminer. 1t
appears now as if the Question of the proper
indictment and trial of those persons charged
with completely in the city frauds were des-
tined to resolve itself into trial Of endurance
between the two Grand Juries of General
Sessions and Oyer and Terminer. There is,
Of course, no excuse and no pretence for the
continued session of the latter Court, and it
is for the Judges who preside over its proceed
ings to decide for themselves as to the wisdom
and prudence of avowedly setting themselves
criminals. The Court of Oyer and Terminer
could be adjourned tomorrow, and, If neces-
sary, convened again with new Grand Jury in
week, thus enabling the General Sessions
Grand Jury to complete their labors
in legal manner, if there were any desire on
the part of Judges Insraham and Barnard to
aid the cause of justice. But fthere is to be
in truth conflict between the two courts, the
one in the interest Of the people and the other
in the interest of the peculators, we have con-
idence in the stamina and courage OF the
Grand Jury of the General Sessions, and be-
<hot fhou will in
session during the remainder of Judge Bed
ford's official term, sooner than be driven
from the line of their conscientious duty by
any undue means.
We look to see this battle fought out to the
end by the Court of General Sessions, with
out the aid or interference of the State Legis-
lature. The bill introduced by Colonel Rush
G. Hawkins, to legalize the action of the
Court and Its Grand Jury, is of very little ac-
count. Its Office to legalize the extensions Of
the term Of the Court made by Judge
Bedford is superAuous. The law on the
questions Its validity. lis language
is unmstakable: -"The Court OF General Ses-
sions of the peace in and for the city and
county of New York is hereby empowered
to extend any of its terms and to make any
adjour ments of the said Court within its dis
cretion by any der or orders to said effect
duly entered in its minutes" Nothing that
tho Legislature can do can make more legal
an act IT acts that are thus clearly legal
already. Just as plain is the provision
of the law which enables the two
grard inquests Of General Sessions and Oyer
and Termiuer of New York to sit and transact
business at one and the same time, and pro.
vides that during this double session the
Grail Jury Of the General Sessions shall not
find any indictments except in cases where
there has been a previous commitment
by magistrate. No bill passed by the
State Legislature can legalize the indct-
ments already found in violation of
this existing statute. Hence the bill
introduced by Colonel Hawkins is in one of
its provisions unnecessary and in the other
unconstitutional. The Grand Jury of the
Court of General Sessions has its own strong
will to depend upon for its eventual success,
and If 1t shall remain true to its pledges it
cannot fail to triumph in the end, and to win
for itself not only present fame but an envia-
BILE name in the pages Of history.
The Grand Dukes Buffalo Hunt.