Los Angeles herald., 1892-08-30
now NOT TO DO 1T.

The HERALD was quite outspoken in
its utterances, on Friday last. to the
effect that Judge Smith had been very
backward about coming forward" and
convening a grand jury. Whether the
learned ljurisconsult feared that his
Office would be abolished and the city
reduced to the condition of village "a
la Titipu, in the opera of the Mikado),
we are not prepared to assert. We do
know, however, that on the day follow
ing the appearance Of the article de-
manding the citation of a grand jury as
simple matter of routine, in obedience
to ''the statute in such cases made and
provided" Judge Smith lost no time in
issuing venire for such jury.
Now, then, comes "the melancholy
part OF it all, +" as Mr.. Toodles remarked
when informed that the elder Acorn
had turned his brother out of the 'ouse
and heaten up 'is wittles after
wards.7' The melancholy point of
it is, that the grand jury is an Illegal
body, and no indictments found by it
are worth the paper on which they are
written. The reason of this lies in the
fact that, instead of venire of thirty
persons being issued, as the law clearly
states to any person who can read. the
court actually summoned thirty-fvel 1t
will not do to plead ignorance, nor what
Doeeticks used to call "absence of pres
ence of mind" in matter like this.
The law reads very plainly, and is not to
be misinterpreted; and while such
blunder (to call it by the mildest term)
might be condoned in country justice
OF the peace, it will not be pardoned in
Judge of the superior court, whose sal
ary is 5000 per annum.
We wrote, the other day, that there
was great redundancy Of judges in this
district; and that, judging by the fact
that there were never more than two
departments of the superior court in ses-
sion at once, three judges might do all
the work now achieved by five. We
might have added that there would then
be some incentive to industry which
does not now exist; and that the work
of the courts would be better done, for
it is hardly possibla for it to be done
worse.
Three ex-iudges, all now residents
Of this city-Messrs, Cheney, Silent
and Hutton-were interviewed on
this question, and have jointly
and seyeraly expressed their be-
lief that Judge Smiths grand jury
of tbirty.fve members is wholly
illegal body, and that no Indictment
found by that body would have any va
lidity whatever. Two ofthese gentlemen
are Republicans, and would, in all prob
ability, screen Judge Smith from public
censure if there were any show to do it.
But the case is too plain against him to
admit OF an apology. He knew that a
venire of five men in excess of the num-
Der prescribed by law had 70 force
whatever; and, If he did not know it,
he is certainly unfit for the seat on the
bench which he occupies.
II is not pleasant to write in this way
about public officer who has lived
in this community for several years,
and who has risen from obscurity
to an exalted position. But while
regretting the publication of such
an article, we must likewise regret the
circumstances which have made it nee
essary. We do not shirk liability to the
people in calling attention to official
laxities of this sort; nor do we seek to
shirk responsibility TO the friends of the
Judge for any utterance of the HERALD
on this or any other public question, in
which we can assure our readers there
is not the slightest approach to malice.
When men accept public trusts, they
cannot defy impartial criticism.