The morning call., 1891-12-24
REPORT OF THE JURY.
Interesting Review of Work of tn
Illegal Precedent

Illegal Precedent"
To the Honorable ". T. Udllace Presiding
nudge superior Court. This body assembled aud
was sworn by The court as a Grand Jury on
august l9, 1891 Ii at once began work ap-
pointed subcommittee and arranged for FIRE.
quent sessions. Very soon thereafter stephen
I, Gage, one OF the Direcl ors of the Southern
Pacific Railway, and Richard Chute, a salaried
empl0ye OF the same company, declined to obey
the subpoena of the Grand Jury.
IL WAS claimed by them that we were not a
legal body exercising official authority. and
when brought before his court Judge Murphy
sustain q his view.
by other processes the question was carried TO
the Supreme Court and Greed Raymond, general
solicitor Of the Southern Pacific Railway, there
attacked the validity OF the Grand Jury.
The supreme Court, after some days delibera-
ton decided that We could subpoena and compel
tie attendance of witnesses. But these legal
delays consumed 4 month or more, and mean
While we could do very little, as II was thought
proper 10 be sure that We had the righlfuI power
before II was exercised with necessary frmnesS.
TLen came period OF about SIX weeks without
other legal checks or impedlments. During this
lime We were fres 10 delye Into the arcaua Of
dishonesty and rascalty that confronted us
everywhere. we made all efforts TO fulfill the
charge entrusted to US, and heard many Wit
nesses. We collected an immense quantity OF
evidence lending to show yenallty and money
taking 10y various officers, municipal and legis-
Ialve. We found that agents and brokers who
were fully recognized as such went freely to
persons Interested IN legislation and agreed 10
deieat or pass measures.
y any ersons other than those in Office were
tmplicat d, and We began TO wonder 10 what
heights our researches would lead u.s. A num-
be- OF men. Presidents and managers OF corpor-
attons. who had paid moneys either direct or
through agents and brokers, had consented TO
make full and unreseryed confession in case
We were adjudg-d lawful Grand Jury.
These people may by some morallsls be deemed
as cuI able as those TO whom we're paid the price
OF oishonOr, upon the principle that If there were
no booty there would be no thieves. The cor
poraiiOns defend the payment OF This tribute
saying the Legislators and Supervisors are high
n 70 hn hav tn ta 0hAd
wise, by adverse enactments They threaten the
destruction Of financial interests involved. But
In some Instances these interests have been OBJ
tanned IN an improper manner, and a just en-
forcement Of the statutes would cause the for
feture of The acquired privileges.
and were Il not SO; WHO shall say these cor
the injury 10 patriotism and free government
That makes worthless rascals out of men who
not been tempted? Not even our vacuons laws
admit any difference between the buyer and
seller OF mems oaths.
NeIthrr by law nor by that abstract sentiment
of what is fair aud right between man aud man
an ideal older than history and beginning with
Cain and Abel-is tile TEMPER better than the
tempted.
The millionaire sitting In his luxurious Office
lotuud with the wealth filched from lie public
Golfers by nnclean franchise, may hold up hi,
-weled hand and say, Preserve me from these
bandits" But is he better than the poor devil OF
Senator or Assemblymah who has Incurred
debts during his candidacy which he Is unable &c
pay? who nuds himself for the nOnce lifted tC
position which he knows is evanescent, and
who Is tempted by banquets and wines and
money?
Trey are all alike guilty and criminal. But be
that as 1t may the tongues OF these corporation
owners are silenced for the present FOR there
came again legal Intervention to thwart the
Grand Jury.
SECOND JUDICIAL INTERFERENCE.
membeT OF the Assembly, whom we had In
dlcied for felonious practices, appealed TO the
Supreme Court. That appeal was successful'
Tor alter another months delay tIe md
Court las declared this Grand Jury an 'siIlega
precedent" to which decree We must perfofce
accrde.
Judge Rhodes and District Attorney Barue.
were our counsel, and Judge Rhodes delivered
an admirable aud impressive argument In favor
OF the law, tue right aud the truth. But by four
10 three The court has dismissed US just when we
were on tile eve Of tuning up the mass of fifth
that reeks ana smells through the length and
oieadth OF our falr land, exposing IL 10 the SUI.
light OF honor and decency. l. was Aristotle
who wrote. where there Is no confidence in the
law'giyer there can be no virtue in the law
mat apolhegm cannot perhaps be applied to
THIS body, for II has been selected by the people
and they must be assumed TO be righteous
Judges and honorable men
But we regret that The law, as Interpreted by
the majority oil the court, has been construed L
pro.ect and not punish the criminal classes. L
may be an illegal precedent to permit thi.
1Idbu jury TO exist, Tor so says the court. Bu
u was an illegal precedent" when Brutus killed
Iarquin, when Parliament beheaded Charles /
aud when Jefferson wrote the Declaration OF In
dependence. and doubtless Jefferson would have
been carefully hangedfor that same illegal pre-
cedent II the Revolution had not succeeded
Be that as II may. II is TOO late for US TO alter
and we can only tell our tale.
THE SENATE.
In the last Legislature number of Senator,
seem 10 have been associated toeelher as com
pact band OF mercenaries. A finance committe,
OF these officers seems to have been appointed Il
contract for the votes OF all the band. The Sen
aiors were also represented by agents or brokers
who co-operated with the committee. TIT
Senators votes were cast for or against various
measures with strict unanimity and distinct i'm
partially. The highest bidder, after due ad
monition 10 Others secured the chattels and bu
one instance Is known where the contract one
agreed upon was not faithfully Kept. 1t is iru,
that in that case the other side bid more eventu
ally which, we submit, Is an exienuating cir
cumstanee not without It's merits.
The Senate comprises In all forty members,
but though that number Is suggestive we have
not been able TO discern clearly Ali Baba.
They entrusted all power 10 the Finance Com.
mIltee and were coequal. There were, Of course
Senators who are pure as the snow-wnit
spray on The waves; but. alas the good wer,
oyerporpe by the bad. Quite a number of lib,
BODY comprised the combine. and the amount re
ecIyed BY each OF them Appropriated $1,000.
THE ASSEMBLY.
Those members of The Assembly intent upol