The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-12-19
POLITICAL scouNDKELsr TO GO FREE

lFROM THE SHASTA COUNTY DEMOCRAT.1
The Supreme Court has handed down Its de-
cision in the celebrated San Francisco Grand
Jury indictments against Elwood Bruuer. The
main decision declares the Grand Jury an Ill egal
body, and all its acts null and void. 1t is pity
the court scattered SO widely. Justice McFar-
land wrote the majority opinion, and Justices
Harrison, Paterson and Garoutte concur in all
the principal points, while Chief Justice Beatty
thinks the jury was irregularly drawn, but that
IL Is legal and constitutional jury, and that pro-
hibitton was not the proper remedy for Bruner
TO take In getting bis case before the Supreme
Court. The Chief Justice is also of the opinion
that Judge Wallace did not have jurisdiction TO
Try the Indictment charge against Bruner,
as the criminal act committed by Bruner was
done outside the county OF Sau Francisco. We
also understand The Chief Justice To hold that
The proper thing for Bruner TO have done was to
nav stood trial and then appealed TO The Su-
premeCouft; that writ OF prohibition was not The
petitioner Burners proper remedy. Justice Sharp
stein HoldS that the drawing OF the Grand Jury
was regular, aud cites the decision of the SUI
preinr Court OF this state in the case OF the Peo-
pie against Soulhwell to substantiate his view OF
TINS ease. Justice DeHaven Is OF the opinion
that Judge Wallace "erred in making the order
which directed the summOning of some of the
members by an elisor, III the absence OF a show
ing That the Sheriff was disqualified TO perform
that duty. But this error OF the court
did hot convert the body impaueled by 1t as
Grand jury into a body of usurpers.
The court has undoubted authority 10 impanel
Grand Jury. And how this should be
done was a matter for the court to determine by
Its order. and Involved the exercise OF discretion
as 10 whether they should be drawn o. sum
moned, and in The event the latter mode was
adoDled rtquirea the exercise of judgment, a
decision whether under The law tie execution of
It's order should be directed 10 the Sheriff or
some other person" Justice DeHaven quotes
at Iengih M Souttwell case aud The case OF eX
rarte Raymond OF Pacific Reporter S59l to
subs antiate his position. In the ex parIe Hay
m0Gd case Justice DeHayen saws: I'VE held
upOu the Stale OF facts disclosed this
record that The same Grand Jury dcfacto
Grand Jury. This being 80, in my Opinion the
Superior Cnur has jurisdiction TO proceed upon
The indictments, and any Judgment IL might
make would not be void"
So it appears from the main and dissenting
opinions thai The court OF highest resort in the
Slate has reversed ITSELF or rather bare
majority OF 1t has, and allowed The notorious
boodlers and political scoundrels 10 go free.
The several ouEions, however disclose the fact
that Judge Wallace proceeded in line and in
harmony with former decisions OF the California
Supi cine Court on the very points c0ntended
against by The pc tiioner Bruner. The law and
the precedent followed by Judge Wallace WIS
good TIL Bruner, Buckley and other bu odlers
aud PETS of Stanford and Fourth and Town send
streets were about 10 be brought before
tue bar OF justice by an qnpurchasabie
10 every intelligent man who has kept
track OF current events connected with the
reform move against the Doodle element.
the penpie OF the State. The people are disap-
pointed and Inundated, and in no other civil
tZtu cOuulIy-allef DelnS pIuu0ered ana out
ragged rs The people OF this great Slate have
been-would the decision be peacefully SUBJ
mIiIed 10. After Creed Raymond made his plea
before the Supreme Court IN San Francisco in
behalf OF Dick Chute Rnd Steve Gage we wrote
The names OF the Justices of the Supreme Court
on a iiece OF paper for future reference. Our
prediction came true. The three Justices
against whose name we placed cross decided
that the best Grand Jury ever impaneled in San
Francisco was Illegal, and tins, too. on purely
technical grounds. his true incident may seem
queer TO some, but 10 US the opinion banded
Gown by i majority of the court is natural
sequent
Grea is the power OF Stanford and Fourth and
Townsend streets!
Now Is The time for public Indignation to man
Hest Itself In no uncertain sound through the
voice OF the people Judge Wallace's term as
Presiding Judge Of the several Snip eiior Court
departments OF San Francisco Will expire at
The close OF The year 1891. Let the people of
San francisco meet III mass-meetiDg and de-
mand that Judge Wallace be chosen Presiding
Judge for ano her term. Then he can order an
other Grand Jury drawO, who can take up and
DO over again he work that has already been
done by the alleged Illegal Grand Jury, and pIo-
coed 10 indict the boodlers and political GRIM
inals