Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-08
rnAr coNIIMpr MA1TEn.

The statement that the office
charged with the duty Of pro5ecutini
In the courts all persons guilty Of crim'
had, 10 the discharge Of that duty
caused to be summoned before the
grand jury the shiei OF police Of THU
city and two Of his subordin stOs, and
that these sworn conservaIors Of The
peace had refused 10 diyulge iniorma'
ton In their possession which u was
necessary the grand Jury should have
in order TO indlct certain persons ao
cused Of crime, caused the sympathy Of
the law abiding citizen TO 90 out to the
prosecuting officer and the grand jury,
anu his consufe to be visited upon the
oonlumRclous officers. But when the
disclosure is made that tho evidence, u
fully divuigod, would be Insufficient to
convict, and that the investigation has
not leon instituted primarily to punish
the guilty, but rather to remove sus-
pieion from n number OF persona re-
garJed a. being possibly capable Of the
criminal conduct which IL alleged
to have occurred, the sympathy and
censure osclllate, aud In the minds Of
a great many worthy and Intelligent
people, finally change places, tho
former resting with tho officers who arc
in prison for contempt, aud the latter
on the head Of the prosecuting oiiicer
who, In open court, announces such
motives as the Ao,uating ones In his
course.
A series Of blundors has created the
existing dilemma. The chief Of police
gave bis WORD oil honor that no would
not diyulge the name Of person who
was In hls custody charged with a grave
crime, which was blunder. Owing TO
the circumstances connected with toe
cast, however,it may DO classud, perhaps
Justly, as an error Of the head rather
than OF tho heart. But the giving OF
any Of the facts TO the press was
another blundef, for which no mltiga-
tion appears. The parties who went to
the prosecuting attorney and urged
him to institute an Investigation In
order that hoir friends or relatives
might no longer DO suspected, COM
mitted an egreglous blundor; and
when the district attorney went Into
cortland announced that he had taken
up the matter at their instance, he
capped the climax OF the ridiculous
series.
The situation a. II now stands en-.
bracos n number Of conflicting ele-
Inents, both Of law and ethicu, and oil
these elements should be duly consid.
cred and an outcome brought about
which shall be on the side on which
law aud Justice are found To predomin.
ate. This paper can mover defend the
pfActioe OF shielding criminals from
Justice, especially by officers Of the
law. But prosecuting officers aud
grand lurlos must restrict themselves
to legitimate motives and methods In
the puniIhmsnt Of crime. II IL better
that any number Of criminals should
20 unwhipped Of Justice, than that the
machinery OF tho law should be prosli-
tuted TO private, personal or unworth y
motives.
II a crime has been committed, and
II evidence sufficient to convict IL
Within reach and can bu obtained by
IegitimAto means, then lot tho law
take la course. But n an attempt has
Neen made to use the machinery OF the
AW for the relief OF some mau who
has wife or female relative not up TO
he standard established by Omar,
ihen lot such an effort DO promptly
'oroslalloi and eleotuany rebukod.
The Judge, on his own motion, would
bo justified Ia doing this as soon ~ the
facts should be brought to his notice.
The solution OF ths dilemma re,ts
with the Judge presiding ~ these pro-
ceedings. II IL part OF his duty 10 take
cognizanoo OF what IL or Is not sound
public policy. He may and should
cause an Investigation 10 DO made, on
his own motion II need be. II tho 70.
suit shows that an attempt has bosn
made to use the grsndjlry a. cAps
paw to snatch somebody's reputation
from the coala Of suspicion by sending
that body on fishing expedition Tor
evidence, no should iasssntly qua,h
the whole preceding, even though
such an order should release tho
prisoners now In custody for contempt
Without their being purgcd. But lt the
court shall hnd that tho prosecuting
ttorney and grand jury are pursuing
legitimate course ir0m legitimate
motives, then the law should be- on.
'oroed no matter who may fall uudor
"a displeasuTe.