The morning call., 1892-05-08

SiZtG8l-P2g9 Edition.
THE NEW GRAND JURY.


Presiding Judge Trout has impaneled
a new Grand Jury, with Gustavus l.. Spear,
the auetioneer, as foreman, and such we'll
known citizens as William Macondray,
David FarQuharsOn, c. A. Murdoch, John
R0senfeld, William BrOderick and Charles
N. Plum among its members. In charging
them Judge Trout said:
From your deeds let California as well as san
Francisco learn of Your common and determined
purpose to resist all temptations whether arising
from political or social afiliation or business
relations, aud TO overcome all obstacles to your
official progress, and finally TO complete your
labOrS IN a manner that viii ptTify the moral
atmosphere and promote the general welfare.
Then viii the world know that our grand-jury
system IS not failure, and that this great aud
beautiful city OF ours not only believes in the
exposure and punishment Of all offenders against
our penal laws however prominent and inhueu-
tial they may have been, but has citizens who
have enough energy and courage aud ability and
public spirit 10 force such offenders 10 answer at
the bar OF public justice for their crimes. Ac-
. lions speak louder than words Let your judg.
ment aud your conscience approve your acts
Fear not and you Will faithfully discharge your
duty.
Nothing could be in better spirit than this.
The last Grand Jury failed to do its duty
because it allowed fear, favor and affection
to control its actions, so that it did not elicit
evidence which was attainable. ana did not
find Indictments which should have been
found. One member was under obligations
to the railroad; another had friends who
would have been hurt by indictments;
another had effi iatons with the booders :;
another had hopes Of future gains from
those who stood in peril; Others were afraid
that their business would suffer if they an
tagonlzed the great monopoly. As one Of
them remarked with refreshing candOr:
It's all very we'll serving the public, but
we couldn't afford to make enemies of all
these men of wealth and influence"
The question whether the grand-iury
system is or is not failure, which Judge
Trout expects the new jury to determine
depends on whether the juryman who thus
spoke is a type Of his class. If the bulk Of
the citizens who are chosen as grand jurors
cannot afford to serve the public at the
risk of making enemies Of the users of
criminals" then the system is most assur-
eddy a failure so far as we are concerned,
and it is patent to the most ordinary intelli-
gence why Judge Wallace felt that the
only chance Of carrying out the law was by
Tesorting to the unusual device of an elisor
If, on the contrary, the bulk of the class
from which grand jurors are chosen cherish
so high a sense Of duty that they know
neither friend nor foe in the discharge Of
the functions with which they have been
entrusted, then the system may continue to
work.
The new grand jurors must of course
realize that the public Will watch their per-
Torrance with closeDess not unmiDgled
with suspicion. So many otherwise ap-
parently excellent people in this community
are weak in the backbone when certain
Interests are touched that the public are not
sanguinely hopeful OF good work from an
investigation which must strike fraud at
every turn. Whether the olfense charged
is corruption at elections. or corruption at
Sacramento, or malversation in office, a
certain interest always seems to be back of
the offender, and the conviction Of the lat
ter cannot be secured without involving
the former. To stir the caldron of corrupt
politics is to strike at an Institution which
furnishes the sinews of corruption, and
therefore few men are opposed to its be-
ing stirred by any hand and in any inquiry
They are like Sir Robert WalDole, who
cried: Don't talk to me of investigations.
Do you want TO pull down the whole editiee
OF Parliamentary government on your
heads?"
But it would be unfair to PREJUDICE the new
jury. They are entitled to a fair trial.
They will remember, however, that the
public are not ignorant of the proceedings
OF the Grand jury which was summoned by
Elisor Scott As the court Of highest resort
has decided that this was not Grand Jury.
the members are not bound by any oath of
secrecy. They are free to disclose the evil
denee which was taken before them, and to
give the names aud addresses of the wit
nesses who testified. They would doubtless
be glad, in the interest Of honesty, to i'm
part their information to their successors,
The latter cannot therefore, excuse fnaction
op the pretext that they were unable TO
procure testimony. as the Sacramento Grand
Jury did. If, with the light which they can