The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-11-15
a COST.NUI G. ACT.

1t appears that the booders whom the
Grand Jury are after rest their hope of
escape upon two defenses First, they
maintain that the Supreme Court will
declare the present jury invalid. on the
ground that il was drawn by an elisor and
not by the Sheriff; and secondly, they hold
that the criminal acts with which they are
charged were committed, if committed at
all, outside of the city and county of san
Francisco, and cannot therefore be the sub
ject of prosecution in this county.
Ii is generally hoped-though there does
exist uneasiness in the public mind touch
ing the queStion-that the Supreme Court
viii next week set at rest the dispute over
the lawfulneSs of the Grand Jury The
public DO not exactly understand how
Bruner got his writ of prohibition after the
court had refused, apparently by a unani-
nous vote, to issue such a writ in the Chute
case. 1t Is difficult to see how the Supreme
Court can recede on this point from the
position which it took after an hours de-
liberation when Greed Raymond made his
application for q writ. Unless very re-
markable change has come over the mind OF
the court the writ must be refused now as
then.
But the other defense of the boodlers is
y
trial in one county for an offense committed
in another. If the legislative booders were
bTibed at Sacramento, took the money at
Sacramento and earned it at Sacramento by
their woes, they would under ordinary cir
cumstances be tried at Sacramento. 1t is
! the belief that they cannot be held to
answer in this county which encourages
Bruner to snap his fingers at the Grand
| Jury and emboldenS Mike de Young to
! laugh at Bledsoe's statement that no was
| offered a bride Of $1,000 to support De Young
| for Senator. On q superficial view these
| persons appear to have some grounds for
confidence.
And yet it is misplaced. crime does
not necessarily consist Of a single overt act.
1T may and often does embrace long series
of acts and plans. Each and all of these
are crimes of which the main crime is only
! the cOnsu mmation. The offense committed
may be a continuing act, beginning with
! the furma ton of a conspiracy and ending
with the accomplishment or the failure of
| lis object; and in this case il is criminal at
| every stage, and tae people are free to de-
! mand its punishment at every stage. In re-
| gard to legislative corruption the law de-
| clares the intention and attempt to corrupt
a member Of the Legislature, or the inten-
| ton and assent Of the legislator TO be
corrupted, as equally guilty with the posi-
tive act Of corruption. If member of the
| Legislature met boodler in this city and
agreed to sell him his vote, while the other
| agreed to buy it, the felony was complete,
| though the details of the bargain were not
| settled till the parties met again in Sacra-
mento and though the vote which was
| bought was cast at Sacramento. The
CALL does not believe that this contention
will be denied by members of the bar.
In many of the cases of legislative COM
pleXion which the Grand Jury is inveStigat-
ing, it may prove that the actual sale Of
votes took place at the capital. But in
| quite a number of cases inquiry ELECTS the
| fact that ths general terms of the bargain
were settled here. Members who were open
TO conviction met bOodlers in hotel Hobbies
| or business Offices and general under
standing was reached that if the proper
| amount of Doodle was forthcoming on one
side the votes would be forthcoming on the
other. That understanding fills the require
ments Of the law, and will warrant a con-
viction for felony.
The attitude of the persons who have been
indicted is calculated to impress the public
with conviction of their guilt. When an
honest man is accused of crime, he is eager
| for an opportunity to demonstrate his limo
cence. He usually scorns a resort to techni-
calites and resents suggestions Of delay
Any jury of honest men is good enough for
him, and the sooner it gets to work the bet
ter he will like it. 1t is the knave who sees
a prison door yawning 10 receive him who
rests his hope Of escape upon pettifogging
| chicanery.