The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-10-10
STARTLING.

The proceeding in the District Court
yesterday, which is detailed elsewhere
in THE HERALD this morning, was as
peculiar as it was startling. 1t was
something entirely new in the local adj
ministration of the law. We have long
been accustomed to surprises in court;
indeed, they have been so frequent that
only the most extraordinary can aston
ish. 1t is saying only the truth to re-
mark that Fridays dOings furnished
surprise that surprised. Those men
who have presumably served faithfully
as members of the Grand Jury, making
the inquiries and Investigations that the
law commands, hearing the stories of
witnesses who were taken before them
and regularly voting to indict when it
was evident a crime had been committed
and the evidence presented made con-
viction probable. Finally cases are
brought up in which they think no pre-
sentiments should be made, and holding
to their opinion like honest men, they
are called into court, denounced, scolded
and abused by the judge as if they were
rogues, and summarily driven from the
jury. If this proceeding is like any
other that ever happened, we never
heard of that other. 1t is purely origi- |
nal and it is to be hoped that it will for,
ever stand alone.
Heretofore, the Grand Jury has been
regarded as an independent branch of
the court, having its own peculiar
duties to perform, in its own way, and
presumably as free from the influence
of the court and its officers as
from that Of any private citizen.
A jury that would indict man to please
a judge or under the instructions of the
Judge or the District Attorney, should
itself be prosecuted and convicted; is
the case different when jury refuses
to indict at the command of the court !
or one Of its petty officers? The law !
Jealously guards the inquisitorial body /
in its independence Of action, and pro- .
teets it from improper influence to the
extent of excluding the District At i
torney from the room during its deli /
berations and ballotings, and some !
judges on the very bench which Zane e
occupies have instructed grand jurieS f
to close the door on the public prose Q
Cutor when discussing as to the pre- =
priety Of finding an indictment and Y
when voting on proposed presentment, o
in order that no improper influence s.
could be used, and the secrets of the r,
room, including the individual actions fs
of men, might not be divulged. P
Does Zane assume that the inquisi- q,
tors are the mere tools, the automatons
of himself and the District Attorney?
His Honor's conduct on Friday would
indicate that he does. Y
If Judge Zane can summarily dismiss A
three men from the jury, and go upon 0
the street for others to take their Il, ~
places, he can discharge the panel and
create a new one every day in the
year; if he can dismiss those men who :,
refuse to indict at his command or
that of his srbordinates, he can dis
miss them all and choose men who &c
VIII do his bidding without question.
Ii he can compel the Grand Jury to in
DICT against its WILL he can also refuse
to let it indict. If he can do as he -
did yesterday he is absolute and SUI Te
preme IN the jury room as well as on the eel
bench, and the law is humbug and its ab
farce. SIT
we cannot believe that His Honor's in,
course in this instance will be approved
and sustained; it seems Impossible that
[ can be. One of his predecessors tbo
but not forgotten Mexican
ode high judicial horse at one time
&c assumed the right to make laws and sn,
regulations and new systems to
+ practice at will; he imagined that the AN
curt, the law and the practice were all die
entred in his person, and that no ger
over could or would decide otherwise
utrage after outrage in the name of
w was perpetrated by him, and justice
-as made q mockery in his court; 81
othing was too outrageous for him to In
tempt, there was no stretch of author kIl
J too great for him to undertake to IN
Try his point and satisfy his vim Gin
ctiveness. So self-convinced was he full
at his marvellous assumption of SUI SUI
,wer and authority was i'm fty
egnable and so firm did he tria
d himself in his seat, that :. +
laughed to scorn every suggestion. ~
at he could be reached by anything O
s than the hand Of Divine ProYi- pas.
nee; but finally. in the midst of bis day
esumed triumphs, when in his mind I Sea;
Vas frmer than ever on the lofty talk