The morning call., 1891-12-24

adore OF THE COURT.
Judge WaIIace's Pointed Criticism of TIL,
Supreme Court.

Judge Wal1ace's Pointed Criticism of til Q
Supreme Court.
When the report had been filed and distTibu.
ted among representatives of the press the spec
tatoTs turned their attention TO the bench
Every on" expected that Judge Wallace was 10
make pointed address IN dischargiug the jury,
and they were not disappointed. After carefully
arranging his MANUSCRIPT, Judge Wallace took a
sip of lce-water aud began by alluding TO the
fact Thai IN jury was called into beng at time
when the open aud shameless disregard Of law
was apparent.
Laymen Joined lawyers in knowing winks and
smiles as Judge Wallace proceeded TO justify his
action III appointing an elisOr TO summons the
jury and To literally tear 10 pieces" the argu-
meut OF Justice Mcfarland, WHO wrote the main
decision declaring lhe invalldity OF the jury.
Some OF the Jurors fingered after being dis
Charged ana Foreman Henley suggested that they
desired certificates OF service. They were re-
feTred 10 the clerk.
Call The case OF Williams against Williams"
ordered Judge Wallace, and the final proceed
iDgs III the discharge Of lie jury were at end.
Appended ale the remarks made by Judge
Wallace, in fun
You came here as Grand Jury representing
the people and 10 respond 10 their claim hat
the most open and shameless legislative crimes
that ever disgrac-d the civilization of an Ameri-
can Stale should be iuyesiig lied; That the ruth
or falsiIy OF charges which have, at home aud
abroad, covered California with obioQuy should
be demonstrated; 10 inquire how II Is brought
about that IN The appointment and distribution
OF lie necessary burdens of COVE, nment-the
imposition OF taxatlOn-thoSe burdens and that
taxation are imposed upon the comparatively
poor man, who, out of his poverty, must pay,
while the ilch and their abundance are PRACTICAL
ly exempted from their Just share.
The hopes OF the people that you would prove
equal 10 Ibis important duty were high and APP
parently we'll founded, nor have those hopes SO
far a. you are concerned proven illusoTy; but in
the midst OF your labors judgment of the Su-
preme Court OF Ihe State has been pronounced,
ihe necessary effect OF which Is that your inv
legations must cease-musl be discOutiuued-tlat
you are not Grand jury and must retire. 1t is
under these circumstances that we meet to-day,
and for Tie II time. Ii Is duty TO say some
thing TO you before you go.
THE CASE STATED.
In impaneling The Grand Jury the Court here
M de an order that Henry ii. Scott Esq. be-ap-
pointed As an "eIisor'' To summon nine good aud
lswful men 10 complete the panel.
In the case OF Ewood BruneT, lately before the
Supreme Court upon his application for a writ Of
prohibition. that court held the appointment of
Scot invalid. Say HE court: Our conclusion
point said scott to select grand jurors, because
there was no case TO which the power of appoint
Ing all elis0r applied"
Tie statute Code of Civil Procedure Section
PAP provides that II. OF the persons drawn and
summoned to act as grand Jurors, number
less than nineteen are present, the panel may
be filled as provided 10 Section 226 OF thls
| code"
Tuning now to said Section 226, it is there
provided hat IN order TO fill an incomplete pane
The court may draw the required names out oil
the box, or direct The Sheriff an eIisOr forth
with 10 summon them.
Now, on Monday, the 18th day Of last August
the contingency thus provided for by this statute
| did unquestionably occur here. OF the persons
heretofore drawn and summoned TO act as grand
| jurors only eighteen-less than nineteen-did ap
pear here. and of the eighteen so appearing
| eight having been excused for cause. II became
| necessary To summon nine other good aud Lawful
men 10 complete The panel OF nineteen required
| for Grand Jury. MIR. Scott was appointed al
ellSor iof that purpose and, having been frs
| duly sworn, did subsequently make return here
| Of tile names OF nine good and lawful men sum
| moned by him to serve as grand jurors, and who
| peing personally present were Immediately
| thereafter sworn of the Grand Jury in tile pres
| eBce of tie Court here, aud foreman Ilayipl
b. en- appointed the charge of the Court was de
| llVefed and then The Grand jury retired TO con
| slider OF The business to come before 1t.
IL Is thus made plain 10 even The dullest com.
| which the statute had provided that an elisol
| might be dppointed bad arisen and. further, thai
| IN making The appon ment as well as In eacl
one OF The other several steps taken In com
| pletiGg the panel, the provisions OF The statute
| were carefully considered here and followed
with the most undertaking exaciitude: yet III,
| supreme Court say There was no case TO which
| the power OF appointing an esof applied"
Slated In general terms lhe principal reason
cIuson Is that no affidavit had been presented
here 10 the effect that The Sheriff was disqualified
| 10 summon the grand jurors.
| The obvious answer to this is that no sucl
| affidavit Is requted by The Code of Civil FRO
| ceduie. which has just been cited; and because
II IS no, required by that code, such affidavit Il
| Code oi Civil Procedure (Secilon A. expressl,
provides that il, the Code of Ciyil Procedure
| Tue law VI tulS Oldte respecting
| the subjects 10 which IL REFERS" and that tht
impaneiing of grand iuues is one of those
subjects Is not disputed III any quarter; in fact
the entire ninth article of lie Code OF Civ
| Procedure (Sections PAL, 242 and 243) Is exclu
| siyely devoted 10 that subject that article 1.
snpefscrlbed, distinctly marked. conspicuously
labeled "Of lmpaneling Grand Juries." This,
considered by the light OF the foul til section oil
| the same code just cited, proves, If language
can prove anything that 1t Is that CODE and that
code alone. which Is 10 be taken esta isbi ms
the law OF lmpaneling Grand Juries. The Civil
| CODE admittedly contains no reference to thai
| subJect-neitber does the Political Code, as will
| be presently shown; but In order to formulate
| plan OF impaneng Grand Juries which should
| be complete In Itself, In addition to the provi
| slons prescribed by itself In its ninth chapter
| the Code Of Civil Procedure expressly iucorpo
rates and adopts. ana for this purpose r. enacts
| The provisions found IN the Penal Code on tht
saline subject-tbus: Thereafter such proceed
lngs shall be had In impaneling Grand Jury a.
are prescribed In part Of the Penal Code
Code OF civil Procedure, section 243, supral
PATENT REASON.
But neither the Political Code nor any OF II.