The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-10-17
A FAIR FIELD FOR THE JURY.

An evening contemporary thus notices
the decision Of the Supreme Court per-
hitting the Grand Jury to go on with its
duties:
The Supreme Court has decided that witnesses,
when summoned by the Grand Jury, must appear
aud answer the questions propouuded to them,
or take the consequences. The size OF the con-
sequences so far has been fine OF $500 and FIVE
days in the County Jail. In rendering this de-
cIsion the court adhered strictly to the law laid
down in the case OF Cannon, who was sort Of
deputy boss In his time, like Chute, and refused
10 answer because the jury was not made up 10
his liking.
Chute VIII now have to pay the fine and suffer
the Imprisonment from which Judge Murphy
sought to relieve him unless he can purge MINI
self Of the contempt which he has committed.
Young Mr. Raymond, whose case was the one
directly decided, and who professed to have set
Judge Wallace ana the Grand Jury at defiance
in tie Interest of public justice, Will have TO
undergo the same punishment unless he can
satisfy the Presiding Judge Of the Superior Court
that his motives were sincere and involved no
disrespect 10 the law. The SupIem Justlciary
IN the person of Judge Murphy, who attempted
to disrupt the Superior Court and override the
court of last resort In the Interest OF Chute, lies
prone.
What may be called bOoders' law has gone by
the board. The Chronicle. might have been
eAptCLeu, APPEARS 10 Dc luCUbbUlduIc ofcI tuc
untOward event. There Is now no obstacle in
the way of the Grand Jury. Its summons and
Its authority must be respected. Ii has a tire
mendous work before 1t. II it does It's duty
fairly, fearlessly and honestly there is chance
for every member OF 1t to inscribe his name In
the history OF the State and city. We have
rived al that point where there must be change
for the better or revolution. The people can
not endure any longer to be stripped OF most OF
the attributes Of their sovereignty They have
not only been largely robbed Of the privilege Of
self-gOvernment but they have been iostled out
OF their own Legislatures, courts and commits
sions.
There will be an opportunity for sharp con-
trasts as the Grand Jury progresses in its work.
Another Grad Jury has been organized 10 Sac
Tamenio. 1t was materialiZed under those time
honOTed practices with which we are getting to
be familiar The Chairman is one of the politi-
cal bosses OF the State capital. II is much the
same as II Mr.. Crlmmins occupied the position
held by Barclay Henly. 1t is supposed to be
equipped with whitewash brushes of the latest
pattern. Bat II vii! take much more than ordl-
nary ability and ingenuity to confuse the Issues
that are now before the public.
The Supreme Court did NOT decide the ques-
tion OF the validity OF the Grand Jury, because
It was not properly before 1t. Anything that IL
might have said on The subject would have been
mere dictum. That question can only be
raised by person accused of public otfeDse, or
who has been indicted. But it is question for
all that OF very narrow compass II the former
decisions OF the Supreme Court are to stand.
There Is a decision to the effect that it is within
the discretion Of the Judge whether he shall
take all the jurors out OF the box. or order the
panel TO be completed by the Sheriff. The only
real issue is whether il Is Within bis discretion
also TO substitute an elisOr for the Sheriff. But
there is not much room for doubt on that point,
either. Certainly The language Of the statute
does not admit Of much dsDutaton under that
head.
As general consequence, therefore, the in
quiry upon which the Grand jury is bent has TO
90 on. Every step In the proceeding will be
watched with feverIsh anxiety by the people.
We have arrived at a great crisis in our history
The future will largely depend upon the manner
IN which 1t is met. We recall many exciting If
not heroic passages In our past career, and hope
for the BEST