The morning call., 1891-10-08
BOODLERS ALARMED.
The Grand Jury's Legality to BE
Passed Upon To-Day.
Two Points That Will Be Considered by the
Supreme Court-Legislative Scandals
to Be Investigated.

The all-absorbing question In this COM
munity, which has raised the interest of the
| people to fever heat, as to whether or not
the Grand Jury appointed by Judge Wal
| lace is a legal body or not will probably be
definitely determined to-day, when the con-
tempt case of Edgar b. Raymond Will be
heard by the Justices in bank.
Mr.. Raymond is nephew Of Greed Hay
| mond, but does not stand on the latter's side
Of the controversy.
When the Grand Jury saw that the ques-
ton of its legality had been raised and that
Judge Murphy had thrown obstacles IN the
way of that body performing its duty, the
leading members of tile jury looked about
for some course by which the case could be
brought before the Supreme Court
PLANS PROPOSED.
One of the plans was to summon Judge
Murphy before the jury and nave him cited
for contempt in case he refused to obey the
subpoena. Not being able TO sit on his own
case. it was calculated that ne would apply
TO the Supreme Court Tor writ Of habeas
corpus.
Another plan was to get some person
pear ana then bring the contempt case be-
fore the Supreme Court in order that the
matter might be definitely determined.
This latter plan appeared the better OF the
Two and two names were suggested as per-
sous to summon as friends OF the jury.
These were Edgar b. Raymond and Critten-
den Thornton.
AGREED TO A TEST.
At first Mr.. Raymond was disinclined to
agree to the arrangements, but finally con-
sented to refuse to appear on bona-1de
criminal case. Crittenden Thornton'S name
was then withdrawn, and 1t was announced
that he had been subpenaed by mistake
when Mr.. Raymond agreed to take his case
to the Supreme Court instead OF before
Judge Murphy.
This is the case which will be heard this
afternoon, and when it comes up the people
will be represented by able lawyers.
The first point that will be presented to
the Supreme Court to-day will be: Can
witness by collateral proceeding on habeas
corpus attack the legality of the Grand
Jury| This point Is the one on which the
whole controversy turns.
SIMPLY DISMISSED THE WRIT.
The Supreme Court in Diminishing Attor-
ney-General Harris petition for writ of
review of Judge Murphy's decision did not
pass upon this point, but simply refused to
hear thesmotion on an agreed statement OF
facts for the reason there was no case before
the court, and that its members were not
there to answer idle and curious questions
which might be prop0unded by persons in
terested in having an Imaginary controversy
determined.
From the remarks which were dropped
by the Chief Justice, which were that the
only person who has a legal right to ques-
tion the validity of the Grand Jury is the
one who has been indicted by ii, it would
appear that an intimation was given OF the
tendency of thought on this point by the
Supreme Court.
IF THEY SUSTAIN THEMSELVES.
If the Supreme Court follows out this line
of thought, based upon previous decisions
nf the m hnHV nartlpnlarlV in tina
of Cannon. Levy and Sierne, mentioned In
the California Reports, then the Doodlers
who object to appear and testify before the
Grand Jury, and who defy the rights OF the
people, Will not have a peg to hang their
hats on and must obey Grand jury
suopenas or go TO jail.
Should the Supreme Court decide that
any witness has the right to defy the
subpoena of the Grand Jury which has been
impaneled by the presiding Judge Of court
OF competent jurisdiction, of which it forms
a judicial part, and that such witness may
invoke the assistance Of the highest TIL
bunai in the State to sustain him IN his dis
obedience to the summons of solemn in
quiSitorial body acting under color OF law,
then the question of the Legality OF the
Grand Jury and the right of Judge Wal
lace to select an elsor will be taken up and
passed upon by the court.
THE SACRAMENTO CASES.
Attorney General Hart stated yesterday
that he had the case of the waste paper
basket scandal at Sacramento almost pre-
pared for presentation 10 the Grand Jury Of
that county, when it meets on October 18th.
After the decision of the Supreme Court
tomorrow, which is expected to be one
which will virtually override Judge Muir
ply. the Grand Jury will continue in its
vigorous work and at once take up the va
rious scandals at the last session of the
Legislature, which brought SO much dis
grace upon its members.
The boodiers and their attorneys are said
to be very much disheartened at the attitude