The morning call., 1891-12-13
THE SUPREME COURT DECISION.

The supreme Court has decided the Grand
Jury 10 be an illegal body. Justices de Ha-
ven ana SharpStein were in favor of sustain
ing the legality of the jury, but Justices
Beatty, Mcfarland, Harrison, Paterson and
Garoutie took an opposite view of the mat
ter. The Grand Jury will of course abide
by the decision, but its influence will eX-
tend no further. No one who has held the
Grand Jury TO be legal will change his opin-
ion on the strength of the decision. Those
who looked for an Endorsement Of Judge
Wallace'S course in selecting n Grand Jury
through an esor based their expectation on
the ground that Judges elected by the peo-
pie sometimes in their decisions give the
people the benefit of doubt That there
was doubt in this case 10 shown by the fact
that two Justices dissented from the decis-
ion of the court. 1t is possible that the pub
lie have been mistaken in the impression
that the Justices of the Supreme Court are
elected by the people. 1t is quite probable
that if the opponents of the present justices
had been elected the decision would have
been the same. AS matter of fact IL is
only when there is some mOmentous issue
before the people that there is n real choice
between the candidates Of the two parties.
Two conventions, one called Republican
and the other Democratic, receive iuStruc-
ton from the same source. If q list of as
pirantS is not actually submitted from this
source, both conventions know too much
about the Influences by which elections are
carried to nominate candidate not accept
able to the controlling power, which is and
for long time has been, the Southern Pa
ciia Railroad Company.
1t will be remembered that when Richard
Chute was summoned before the Grand
| jury, and when he refused to answer on the
ground that the Grand jury was an illegal
| body, the chief counsel for the Southern
Pacific Railroad Company appeared as
silent counsel in Chutes defense. Close
Observers at that time said that the useful
ness of the Grand Jury was at an end.
These close observers said that it was only
question of time when the question OF the
legality of the Grand Jury would come be-
fore the Supreme Court. and these close OBJ
servers had no aou bt of tile character of
decision in case in which the Southern
Pacific Company was deeply interested.
The expressions of public rage which fol-
lowed the decision of Judge Murphy sug-
gesied the policy of Withholding decision
OF the higher court for a few days, until the
people should get to thinking about some
thing else. So the court decided that a per-
sun SUMMONED us Witness coulu not con-
test the legality OF the Grand Jury, leaving
the real question of legality to be determined
at the courts pleasure. The decision now
rendered has been anticipated ever since the
court took it under adyisement. The Grand
Jury itself has considered itself a moribond
body. 1t has done nothing since but collect
information which it did not expect to use.
The jury is composed of men who know the
nature and weight of tie influence arrayed
against them. An amendment to the State
Constitution is now in order, authorizing
Senator Stanford to appoint Supreme
Judges for life or during his pleasure. Re-
suits procured in this way would not be
greatly different from results procured I'M
der our present system of nomination and
election, and considerable trouble and ex-
penSe would be saved.