The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-10-07

piled Chief Justice Beatty. "thaI should be
discussed at the outset Is there contro-
yersy here which this couIt is competent
| to consider? We are not here to answer
| conuudrums, but to decide actual contrJ-
| versies."
This question:" statel the Attorney.
General, "involves the legality of the Grand
Jury."
Yes, it is an agreed case. That under
stand"
THE facts are agreed to-" explained the
AttOrney-General, "but there is great
difference between the parties as TO the
legality of the Grand Jury"
The Chief Justice inquired how the peo-
pie OF the State were interested in the ques-
tons presented. lie said he could see how
they might be interested in upholding the
Grand Jury, but how could they be inter-
ested in declaring it Illegal?
Mr.. Hart answered that the people are the
presenters in all criminal cases. and are in
terested in having this case decided right
He quoted a section Of the Code Of Civil
Procedure as authority fOrShS submission
| OF the case to the count.
ONLY AN INDICTED PERSON.
''You have q right under that section," re-
piled the Chief Justice. 40 submit gen.
uine controversy, but this is a case where one
side wishes the Grand Jury declared illegal
| while the other side-the Attorne ey-G General
appears asking the same result, but, in
fact wishes decision the other way"
Mr.. Hart began TO argue the matter, but
was frequently interrupted by the court.
| Finally he read q decision Of the court in
the case of Levy VS. Wilson, in which the
legality of a Grand Jury was involved.
The court is familiar with that case" !"
said Judge Beatty, interrupting the attor-
ney. "a real controversy was involved in
it. A person had been indicted and ap-
piled for a writ OF prohibition"
And then the Chief Justica uttered these
very significant words; " 1t is plain from
the case cited that the only person lCho has
a legal right to question the uGlidity Of a
Grand jury is one cho has been indicted 6y
it,"
CREED RAYMOND FEELS TIRED.
As the words fell from his HonOr's lips
the face of Creed Raymond, who stood near
Hart, indicated that he was suffering from
ennui. 1t was whispered that a paper,
which he put in his pocket when the Justic e
ceased speaking, was an application for a
writ of prohibition in the case of Gage.
which he was going to use II Harts petit
ton failed.
The Attorney-General informed the court
that he believed he had right to appear as
he did with an application for writ Of
| review.
Very well, said the Chief Justice, I'VE
| will consult"
The consultation was very short. The
court returned to the bench in few min
utes and handed down the following de-
csiOn:
PEOPLE !
WALLACEJ
The court is unanimously Of the opinion that
this is not a case which The court can entertain
In The shape In which IL is presented. " hen the
question Of the legality of this Grand jury
arises in a real controversy, between two parties
opposed In interest, The court Will decide II as
properly as II can. This case does not present
a real controversy. 1t is a madeup case, in
which the parties 10 the record are not opposed
in interest.
Ii is simply submission Of series OF ques-
tions which numbers of people undoubtedly
have curiosity or desire TO have decided by
this courts but IS not caSe OF which me DourI
can take cognizance. The court cannot sit here
to answer questions proposed by anybody. We
decide real controversies.
Ii lie Grand Jury Is an Illegal body there are
various regular ways OF presenting the question:
but 1t caunOi be presented in this way.
The application Is dismissed.
THE GRAND JURY A LEGAL BODY.
"Wel, l think that declares that the
| Grand Jury is legal body" said Mr.. Hart
! as the court withdrew.
| Barclay Henley said the decision was just
| what he expected.
/ In conversation with CALL reporter a
| distinguished member of the Legislature
! iutimdted that steps would be Immediately
| taken to test the legality of the Grand Jury
| by inducing one Of four persons that have
been indicted by it to bring the matter be-
fore the Supreme Court
This will probably be the next move in
the interesting game. and If the Grand
Jury is TO be compelled to spare the bushes
of the booders, it will have to be made
quickly, on account of the departure of the
Supreme Court to Los Angeles on Sat-
urday.