The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-10-06
THE COURT OF LAST RESORT.

To-day a very important matter will be
laid before the California Supreme Court
To this court will be submitted the question
of the legality of the Grand Jury and, incl
dentally, the question Of the right Of one de-
partnent of the Superior Court to review
the decisions of another department. Con-
caruiug the first question there is good
deal Of difference of opinion as to the courts
probable decision. Law is such an ineXsct
science that a court may decide a given case
eith-r way and give plausible arguments IN
support of its decision. 1t will. We think,
be generally admitted that if the uncertain
ties of law are such that court may decide
a case either way the court should be gov
ened in its conclusions by consideration OF
public good. If our court allows reasons OF
this character 10 determine its decision in
the case about to be submitted the legality
Of the Grand Jury will be affirmed. If the
Grand Jury is given the power to compel
witnesses to testify it will in time clear the
political atmosphere. The combination OF
political bosses, by which the conventions OF
both parties have been packed with service
able tools, will be broken up. Parties who
have been in the habit of furnishing "sack"
to nrOcure the enactment of laws designed to
serve private interests at the expense of the
public Will be exposed. The gO-betweens,
legislative brokers and others who are in
politics for what there is in politics for them
will be made to realize that the public have
rights no combination of political tricksters
can sell with impunity; and what is per-
haps Of equal Importance, men aspiring to
high Office will be notified that the days
when offices could be bought are past
That evils such as we have outlined are
common will be admitted. The question is
as to the remedy. 1t has seemed i'm
possible to reach men every one knew
to be guilty. No serious attempt has
been made for years to prove their
crimes against them. The influence
WHICH is seeking to discredlt the present
Grand Jury has prevented other recent
Grand Juries from entering into this prolific
field of investigation. We have now a
Grand Jury which promises TO do thorough
work if the courts support it. But Grand
Juries do not try parties. They simply
present certain parties for trial. If the trial
courts do not do their duty an indictment
comes to nothing.
If the Supreme Court decides that the
present Grand Jury is an illegal body, for
the reason that a portion of its members
were named by an elisor appointed by the
against Doodle may be said to have run its
course 10 this instance. 1t will have ended
where a good many friends of it have pre-
dicted that it would end. A movement to
check and punish crime will have been
checked by courts constituted to do pre-
cisely what the present movement was de-
signed to do. The effect of such action on
the public mind can only be surmised. The
remark has often been made by strangers
visiting this State that we stand robbery
more patiently than any other people under
the sun. We have so much that we can
spare considerable aud still prosper. But
the money stolen from US is the least of the
consequences of political jobbery. II is a
terrible thing to know that laws are enacted
by the corrupt use Of money, that the high
est offices within the gift of the people are
sold at each recurring election to the high
est bidders, that the men who sit in conyen-
lions to nominate public officials are the
hireling of a boss-tO know that these and
other crimes are daily committed and that
there is no way to punish them. When this
conviction becomes general, he is rash
man who assumes to predict the cOnse-
quences ultimately.