The morning call., 1891-12-18
"THE LAST RESORT OF RoGUEs.,

From the Woodland Democrat Dec 14th
1t would be mauilestly improper TO question
the sincerity and integrity Of the court, but there
IS no Improperly In expressing disappointment
that 1t could not see its way clear TO give the
people the benefit of any existing doubt. That
there Is doubt no one will question. Two
justices dissent, and even those who concur In
the majority opinion fail TO agree on one essen
tiaifeature under consideration, and that is the
right OF the Supreme Court to correct an error Of
the Superior Court by issuing writ of prohibi-
ton.
There Is another and stronger circumstance
That Is calculated to leave doubt Ia the minds
OF those who make no pretense OF being learned
In the law. Judges Wallace and Rhodes are OF
the opinion that the Grand Jury is legal. Judge
wallace has been Chief Justice Of the Supreme
Court OF California. His legal attachments are
or very high order-indeed lie has but few peers
In me State. No matter what may have been his
motives, IL Is not at all likely that lie would have
decided upon the method adopted by him in
selecting he Grand Jury without fully satisfying
bimsef that the proceedings are pc, fecty regu-
lar aud valid. Judge Rhodes, who supports
Judge Wallace In his views is also an ex-Justiee
OF the Supreme Court and Is regarded as one OF
the aoiest constitutional lawyers in The State.
lt Is no reflection upon the integrity of The
Court to repeat little history. Some of its
members served on the Superior Bench before
lney were promoted 10 their present exalted
stations. The records show that in appeals
taken from their courts their opinions and
Judgments were frequently reversed by the Su-
preme Court. 1t would be folly to assume that
their opinions are lnfallible now. When the
opinions OF such men are put in the balance
against the opinions OF luriSIs like Wallace and
Rhodes II Is not necessary for us to be yersed IN
The law before making up our minds as TO which
Is entitled TO the most weight.
The opinion Is now the law Of the land and as
such, all good citizens VIII obey and respect it,
but II does not necessarily follow that IL Will IN
crease their respect for the legal acumen OF the
men who are responsible FOR It. The people sub
init to II. but they are dissatisfied with 1t.
lechnicalttieS are the last resort of rogues
who fear the majesty OF the law, and the people
nave IA right to feel disappointed when technI-
CABLES are resorted to 10 defeat justice and
furnish Immunity from punishment to
Criminals who, II they had their DESERTS
would be breaking rock or working
quite understand why it IS perfectly proper
and entirely regular to pack juries by means OF
crumpled ballots or by the conDvance OF dis
honest oifciais charged with the duty of draw
leg Jury, Tor tie EXPRESS purpose OF preventing
lie Indictment OF bribers and periurers, but
Irregular. unlawful and Invalid 10 PACK jury In
the interests of decency, justice and good gov.
ernmeut
The refugees may now come home with the
assurance that they are safe from any punish
ment for their crimes Felons may again openly
DEFY the law. Bribers can again ply their trade
OF corrupllng courts and demOraliZiug Legls-
latures. Bosses and boodlers may resume bust
ness at the old stand. They have been guaran-
Iced immunity from punishment for past crimes
ana protection against The law for anything they
may 90 In tile future, for Grand Jury. drawn
In the usual way, especially in a great city like
san Francisco, Is the most harmless and inof-
tensive body In the world.
For all these things let give thanks to the
Supreme Court OF the Stale of California.