The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-10-06
WILL BE QUESTIONED
The Right of the Supreme Court
ON Writ of Review.
There Will Be No Backing, Down on the Part
of the Grand Jury, Who Will Still
Pursue the Boodlers.

The all-absorbng question of the legality
of the Grand Jury will probably be de-
termined this week.
Attorney General Harris petition fol-
writ of review was not flied yesterday as
was expected, but will be ready this morn
ing Mr.. Hart went 10 Sacramento on
Sunday night, and will not return until this
morning.
The agreed statement of facts which is to
form the basis of the writ is still in the
hands of Greed Raymond and ex-Judge
Darwin, who had numerous consultations
on the subject. According to the stipula-
ton made the case must be presented on one
ground, and that is that the application for
writ of review ahall be presented and de-
cided without regard to technicality.
Notwithstanding this agreement, 1t is
known that a serious objection will be made
to the bearing of the case when it comes up
before the Supreme Court this morning.
Providing the necessary papers are filed by
the Acknowledgement this morning. and the
case comes before the highest tribunal in
the State, an objection will be made that
the Supreme Court has no jurisdiction to
hear the writ of review.
THE PEOPLE WILL OBJECT.
AS strange as it may appear this objec-
ton will come from the representatives of
the people and the Grand Jury. Not that
there IS any intention to defer hearing OF
the matter before the Supreme Court, but
for the reason that it is claimed that tnat
tribunal has no legal right to review the
case and Judge Murphy's decision.
Because several attorneys and the At
torney- General have stipulated that a GER
tain case shall be heard, 1t is argued, Is 40
reason why the Supreme Court should
crafty the curiosity of those making the
application, if the law does not give the
members of the court jurisdiction over the
subject-matter.
The first point TO be determined this
morning will be the one of jurisdiction.
Besides Attorney General Hart, the people
VIII be represented by Ben Morgan and eX-
Justice of the Supreme Court Rhodes.
Both OF these lawyers have been making an
exhaustive study of the points involved,
aud they will be prepared 10 give the AttOr-
ney-General very material assistance in his
arguments in behalf Of the people.
BY WRIT OF HABEAs CORPUS.
If the Supreme Court decides that it has
no jurisdiction to hear the writ of review or
certiorari, the attorneys of the Grand Jury
will Immediately press the hearing of a
writ of habeas corpus that will be presented
by Edgar Raymond.
There is no desire on the part of the
Grand Jury's legal respondents to entangle
proceedings in the Supreme Court, but they
wish to have the question of the Grand
Jury's legality heard fairly and squarely on
its merits, and for this reason they prefer to
have the Supreme Court deal with the
points involved ON a habeas corpus case,
rather than review number of contested
points which will give rise to an intermna-
bic argument and discussion.
Whether the Supreme Court takes up the
question of the Grand Jury's legality or
not, that body will meet this afternoon, and
continue its investigations into State and
municipal fraud and corruption.