, 1890-11-27
A SWEEPING DECISION
1t Will Depopulate the State
Prison.
THEFT OF RAILROAD TICKETS
The Decision of the State Su-
preme Court Unanimous-An
Unusual Case.

hNphh, w uSu,, kNON. zl.-i ueCisloli
was rendered In the state supre court
to-day In the case Of J. G. Mccarthy, ap-
pellent, versus the State of Washington,
that is likely TO depopulate the state
prison. The court, in its review OF the
case, said;
This is n proceeding by information
on a charge of grand larceny for stealing
ninety-three alleged railroad tickets.
The information alleged is that the said
j. c. Mccarthy on the 18th day of Oc-
tober, 1850, in the county of Pierce,
and state. of Washington, and within
three years prior to the filing of this
information, ninety three railroad tick
cts Of the aggregate value of S120, of
the chattlo and property of the
Northern Pacific Railroad Com
pany, company organized and
existing under the laws of
the state of New York, and doing busi-
ness in the state of Washington under
Ind by virtue of the laws OF tue state OF
Washington, a moro particular descrip-
tion of which said railroad passenger
tickets Is to said prosecuting attorney
unknown, did ielonously aid, steal
and did take and carry away contrary
to the forms of the statute, etc. To
this the defendant interposed demurrer
that THE information did not state
facts sufficient to constitute an otiense,"
and that there was no authority for
proceeding by information"
The crime Is alleged in the informa-
ton to have been committed, as seen by
the above, on the 10th of October, 1889,
mn hn - 10. al.
l, section 20, OF the constitution Of the
state OF Washington, provides for pro-
ceodings by Information by act of the
legislature authorizing proceedings by
Information, passed January 30, 1890.
The constitution by the act of con-
gress as well as by its own terms, did
not become operative until the presi-
dental proclamation, which was not
made until Noyember Is, 1889, SO that
the date of the alleged crime anteuates,
not only the enactment of the legisa-
turc, but also the vivitying of the con
stitution by presidential proclamation.
The court holds that the defendant was
entitled to United states guaranty
of presentment by grand jury
on the 18th day OF October,
1901, tHe laws VI tue Ol
Washington were then made under
supervision of the United States Con
grcss, and the courts of the territory
were nally United States courts, having
the right at that time, and II could not
be taken from him by anv retroactive
enactment of the state, even If 1t had
been the Intention of the state TO make
the act retroactive in its statute. When
statute requiring un indictment Is re-
A. p1 nm IN TIrp m "A ia for
offence committed before the repeal.
The court quotes from the People VS..
Tisdale, 81 California, 104. and Bishops
statuury frames, $50. AS tersely stated
by MIR. Bishop; "Ihe right to be pre-
sented by a grand jury is not mere
change in the proceeding of the court.
which does affect the substantial rights
of the accused, and to which he can not
object. 1t Is o guaranty which rests
upon basis more secure than acts of
the Legislature which relate to mere
matters OF procedure ."
We do not think the defendant can be
held to answer this charge unless on
presentment ofa grand jury. We are
also oil the opinion that the information
failed to state facts sufficient to charge
the crime OF larceny. 1t is not sufficient
to charge the taking of iiinty-three rail-
way tickets OF AL aggregate value. Is
pecially is this true when the degree of
the crime and the degree of
tho punishment is determined
by value of the property
stolen. In this instance tn Q proof should
have shown that only portion of the
mum ber of tiCket Is were stolen. It, would
be impossible Tor u court or jury to de-
tcrmine what degree OF larceny the de-
fendant was guilty of from the value OF
each ticket. 1t should have been
alleged and the information should
have shown that they were
genuine, effective railway tickets, as an
undated and unsigned rail-
way ticket is not a subject of larceny.
FIRST Wharton criminal law, Sec. $40,
People VS.. Loomis, fourth denio, r. $50.
The judgment is reversed, and the
case remanded to the lower court, with
TO sustain demurrer.
The decision is written by Chief
Justice K, o. Daube and concurred in
by the full bench.
Under this decision Hoyt and Stowe.
sent from this county for the murder of
Enoch Crosby, and ut least
dozen others, must TIC released
aside from sevcnty-tive or 100
others throughout the state. The ques-
ton will now come up, can they be
again put in jeopardy, many having
served greater portion of their
Ii Is said this is the first
time matter of this kind has been fully
passed upon in any Siare court.