The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-10-18
AFTER TWO wEEKs-wHAT

Two weeks ago last Friday Judge Wallace
permitted stephen Gage to refuse to appear
before the Grand Jury on the ground that
Cages legal adviser chose to believe that
the Grand Jury was not a legal body.
There was on record then a decision Of the
Supreme Court in similar case, in which
tie right Of a witness 10 test the legality OF
a Grand Jury was denied. Judge Wallace
might easily have referred Mr.. Cages
counsel to the decision in the Cannon case
as tho law in such cases until it was re-
versed. But he preferred to allow test
case to be made 70 obtain another decision
from the Supreme Court on the same law
point. The CALL is willing TO admit that
Judge Wallace in postpOning the Gage case
artel from a sense Of duty. The action,
however, has delayed the Grand Jury two
weeks 1t has also created an apprehension
that there is not as much purpose behind
TIE movement against boudlers as is neces-
sary to produce satisfactory results. AT
this time, after this long delay, the chief
attorney Of the Southern Pacific Railroad
Company announces his purpose to pre-
ARE a test case to determine the legality Of
the Grand Jury. 1t remains with Judge
Wallace to determine what course to pursue
while Colonel Raymond is getting his case
before the Supreme Court and while that
court holds il under consideration. He
may either continue the work Of the Grand
Jury as if there were no question Of its
legality. or he may hold it in inaction
while the test case is pending. The people
expect Judge Wallace to pursue the
former course. He carefully considered
tie legality Of the method of ap-
pointing d Grand Jury and is presum-
ably confident that the method he
ad lpted has the sanction of law. The
Jury so appointed or selected is therefore
legal until the Supreme Court declares it to
be Illegal A Judge should not diseredit
his own work. Any doubts he may have
entertained as to tn legality of the methods
by which he secured an effective Grand
Jury should have had full weight with him
before he commenced judicial proceedings.
Ii cannot be sad that the method he
adopted has not been Endorsed by the pub
lie. The general opinion is that the extra
ordinary condition Of things warranted ex-
traOrdinary measures. There was much
reason to believe that Grand Jury selected
in the ordinary way would go through the
ordinary process of indicting persons
charged with common offenses and letting
bOOdlers escape. For some reason or other
the class of offenses that have been desig-
mated under the general term of doodle
ism" has not taken its proper rank in the
criminal grades. The sale of trusts, the use
of money to secure legislation. the purchase
of Offices Of honor and profit. the packing OF
juries and the bIibing of Judges, are crimes
compared to which the common criminal
offenses are mere misdemeanors. Grand
JuTies 10 the past have not taken cOgnizanee
of the class Of crimes We have enumerated.
1t is to reach the boodlers that the elisor
method of selecting q Grand Jury was re-
sorted 10. A few days Will determine in the
public judgment whether the Grand Jury
50 selected will accomplish the result ex-
rnncfad Of IL