The record-union., 1891-08-21
Do YOUR DUTY.
JUDGE wALLACE'S CHARGE TO
THE GRAND JURY.
Without Fear or Favor They Must In
yestigate the Charges of Leg
islative Bribery.
Special to the RECoRD-UNIoN.

Special to the RECoRD-UNIoN.
SAN Francisco, Aug. 2O.-Judge Wal
lace to-day delivered his charge to the
Grand Jury, which was quite sensational
in character. After giving an interesting
history of how the Grand Juries came to
be first adopted, away back in English
history, he goes on to say:
Your special and peculiar mission is to
look after and inquire about that i'm
portant mass of affairs public affairs
which concern every ybody in general and
nobody in particular, and as to which it
is paradoxically and proverbially said
that being everybody's business it is
nobody's business.
These public affairs thus placed under
your scrutiny are not municipal merely;
you are not limited to even the very care
full examination of the books, records and
accounts of the more than forty officers
which are embraced in the government of
the City and County Of San Francisco and
10 which the law makes it my duty here
to call your especial attention. You are
therefore not to content yourselves with
looking to see whether in November and
December of the last year more coal was
purchased and purported to be consumed
by the public offices here than could
have been honestly expended in one half
year of time, nor whether it cost the city
$500 per annum for the keep of horse,
nor yet whether the price of setting up a
single hydrant in our streets is Sf5, with
$50 more to maintain it for a single year.
Such things as these must of course be
looked to, and carefully looked to, by
you; but as peculations they are but
minor in character. They but point the
way to other and larger and more serious
wrongs committed, or said to have been.
1t is asserted that at the late session of
the Legislature the County of Colusa was
territorially dismembered as result of
legislation procured by means of bribery:
that part of the bribe was q promissory
note for $40, 900, now or lately held on de-
posit in this city, its payment to await
the ultimate effectuation of the measure
1t is rumored-indeed, became notorious
that at the same session corrupt COM
bination-a trust-was formed by ma
iority of the members of the Senate of
the State to sell the legislation of that
body to purchasers for price, and that
like combination for like purpose was
organized in the Assembly. Indeed, a
suit 10 recover a sum of money, which is
said to have been part of the gains made
in that business, was lately brought and
actually tried here in this department of
the court.
/ advert to these matters merely by
way of an introduction to an illustration
of the instruction which / now give you,
facts. Not facts, OF course, upon which
to find an Indictment or indictments of
anybody-that can only be done after
legal evidence of the commission of the
offensc shall have first been obtained by
you--but these rumors are facts upon
which your inquisitorial Investigating
power Is put III motion. on must in
vestigate them; you must inquire con-
cerning them-not in a formal or per-
functory manner, not as those who, hay-
ing eyes, see not, or having ears hear not,
but, in the language of your oath. dill
gently, with aSsiduity and with the in
tent and purpose in good faith to find out
the truth, and if the commission of the
offenSe be proven to present an indict-
ment or indictments here against the
guilty parties, provided the ottense be
one which, to quote the statutory phrase,
is Liable in the city and county, and this
suggests the inquiry as to what is an
offense triable here.
instruct you that any offense COM.
mitted in this State is liable in the city
and county of San Francisco if committed
here either in whole or in part. If an
onense committed in the State be made
up of several distinct an essential acts,
such otfense may be tried here, and con-
sequently may be investigated by you if
any one of such acts be done here in the
city and county.
have thus touched upon nearly every
subject supposed TO be necessary now
| There is one matter, however, not yet
adverted to which is of importance, as
much, perhaps more, than the rest-Ihat
is, that you remember that you are not
organized to accuse any one, neither are
you organized to acquit any one. You
have sworn to have neither friends nor
| enemies in this business; that goodwill
and ill-will shall alike be put aside; that
neither enmity nor friendship shall weigh
I f1.nf,
missing all interest, passion and feeling,
Your only enduring theme shall be the
whole truth and nothing but the truth,
according TO the best of your skill and
understanding.
1t is honesty to be honestly engaged.
Gentlemen, you have spoken the word
l and will not falter.