Los Angeles herald., 1892-08-30
JUDGE SMITHS FAULTY ORDER,
The Present Grand Jury Is an
Illegal Body.
A Direct Disregard of the Statute in
the Case is Shown.
Opinions OF Eminent Lawyers to That
Efect-The Order Should Be Va
Gated and New Set of
Names Drawn.

At 10 O'Clock yesterday morning a
grand jury was drawn in department
one of the superior court. Pursuant to
the order of Judge Smith thirty-fve
names were drawn out of the grand jury
box by the county clerk himself-Trow.
bridge H. Ward. The names of the
thirty-fve persons are as follows:
THE THIRTY-FIvE NAMES.
G. B. Adams, W. S. Arnold, Geo. L.
Arnold, Geo. H. Bixby, Hancock Ban.
ming, Andrew w. Barrett, Seward Cole,
John Chancellor, Sam B. Caswell, j. R.
Dobbins, Geo. N. Dewey, Henry De-
Garmo, Oscar Freeman, VIM. II. Forker,
Henry Giese, Horace Hitler, Samuel W.
Luitweiler, S. A. Kingery, Stephen Il.
Mott, H. w. Magee, Thomas Meredith,
W. F. Martin, w. U. Masters, d. O.
Miltimore, Edwin Munsey, John E.
Platter, William HI. Russell, Thomas E..
Rowan, w. R. Rowland, Everett v.
Smith, 7. ]. Stuart, Fred J. Teal, sr.,
Edwin J. Vawter, w. H. Webber, W. E.
Wilson.
A venire for these thirty five persons
was issued returnable September 18th.
AN ILLEGAL BODY.
| But the chances are that the said
venire will never be returned. The
reason for it is very plain. All proceed
ings that have been taken under the
order of Judge Smith for a grand jury
are null and void.
After the general public demand that
has gone up, that every step taken in
connection with the impaneling of the
grand jury be carefully and legally
taken at the very outset the law is
overlooked by the very officer who
should above all others follow it. He
failed to observe the statutes of the
state and draws a grand jury in viola
ton of section 241 of the code of civil
procedure.
Every step that the grand jury
drawn yesterday might have taken
would have been nullifed. Every in
dictment that it might have returned
would have been quashed. The tax
payers would have been forced to bear
all of the expense of the grand jury and
the results would have been worthless.
,
According TO section 24l Of the code of
civil procedure, "every superior court,
whenever in the opinion of the court the
public interest must require it, may
make and file with the county clerk an
order directing jury to be drawn, and
designating the number. WHICH, IN CASE
OF A GRAND JURY, SHALL NOT BE LESS
THAN TWENTY-FIVE, NOR MORE THAN
THIRTY"
The exact language of Judge Smiths
order for grand jury is as follows: "It
is hereby ordered that the names of
thirty-fve persons be drawn from the
grand jury box, to serve as grand jur-
ors."
WHAT THE LAWYERS SAY.
Judge A. w. Hutton, than whom
there is no abler lawyer in this part of
the state, Gays that every step this grand
jury takes under the action of Judge
Smith, is null and void. The Judge
quotes the American and English Ency-
clopedia of Law, volume 8, page 2S7,
upon the subject of grand juries, and
how impaneled. "The provisions of the
statutes must be substantially OBJ
served" When thirty-fve names are
drawn out of the box, and the law says
that mot more than thirty shall be
drawn" is this substantial compliance
with the statutes? Certainly not.
Judge Silent states that the grand
Jury drawn under the order of Judge
Smith is nullity, and has no legal ex-
istence. In his opinion an indictment
brought by it would be quashed.
Judge Cheney states that the grand
jury is illegal under the order of Judge
Smith. 1t might as we'll be vacated
now. and the county saved expense.
T. B. Brown says that the grand jury
has not been legally drawn, and that no
indictment it may bring or investiga-
ton it may make, is legal.
Jesse Hardesty claims that the grand
jury is an illegal body, as drawn under
Judge Smiths order, because the statute
has not been complied with.
Mayor Hazard says that the grand
jury, as drawn by Judge Smiths order,
has no legal existence.
George ]. Denis states that no grand
jury drawn under an oYder like that is-