The San Francisco call., 1899-09-02
THE GRAND JURY AND ITS WORK

IRON the final report submitted by the Grand
Jury the public obtains hardly more than d
commentary upon facts with which it was al
ready fairly familiar. With OF the comment
there will Of course be disagreement, but the dis
agreement will be waived as a matter OF little con-
sequence. because the Grand Jury has taken no &C
ton to enforce its views.
Naturally enough the report begins with prelude
in the way of explanation and excuse Reasons are
given why the public should not expect too much,
and the reasons are valid, for, the report says,
while extraordinary powers are conferred upon a
Grand Jury it is hampered by considerations often
overlooked "A Grand Jury must proceed in accord
ance with law It may not indict on general prin-
ciples but is sworn udicially weigh the evidence
offered or obainable in any given case and find an
Indictment only when in its judgment the testimony
is likely to result in conviction 1t may feel fully as
sured that ofenses have been committed but if it
cannot obtain proof that would stand the test OF 4
court OF law has right to indict however great
may be the popular clamor An instance OF this is
found in the undoubted cupabty of some OF the
members OF the last Board OF Education. The jury
convinced positions were sold and that the city
was defrauded in many ways, but its best efforts
failed adduce any evidence whatever and it could
consequently find no indictment. There is little
doubt that OF the present Board OF Supervisors
have been improperly influenced in the discharge Of
their official duty, but here, too proof could be
obtained In most instances OF bribery and corrup-
ton there are no witnesses save the giver and the
taker both OF whom would deny the transaction To
send for books hoping to gain proof is wholly use
less such expenditures If recorded at all are care
fully covered
While that statement will be accepted as an exon
Grafton OF the Grand jury will have the effect Of
raising anew the discussion concerning the efficacy OF
grand luries and the general administration of law
IN the municipality. When the actions OF the late
Board OF Education were under consideration there
were brought to light and published in The Call facts
which so clearly revealed fraud in lumber and other
contracts that to the lay mind appeared the easiest
thing in the world to obtain evidence sufficient to
justify the indictment and the prosecution OF the ac
cused parties. it seems, however the law officers Of
the city and county thought otherwise and the Grand
jury was unable to accomplish anything in that di-
rechon About the only benefit resulting from the
investigation was the awakening OF popular ndigna-
ton which at the following election brought about
the defeat OF the old gang on the Board OF Educa
ton and the choice OF better set OF men for that
Office
As a whole the report OF the Grand jury NAV be
summed up as a random criticism upon county AZ
fairs without particular relevancy to any issue Of the
time We are told the Grand Jury thinks some Of the
members OF the former Board of Education were
culpable, that some OF the present Board OF Super
vlsors have been improperly influenced in the dis
charge of their duties that prze-fghts are debasinp
exhibitions ard should not be permitted that there
IS something very peculiar about the law which rem
ders exempt from indictment for felony school Of
fetal who accepts bribe for granting positions in
the schools, and finally informed: The mem,
bers OF the present jury have shown readiness to
indct any who found to be indictable Their
action has almost without exception been unanimous
They have been more than wling-they have been
anXious-to bring to the bar any offender Too
much is expected Of Grand Jury; too little conf
dence is placed in it. II properly aided it can do
much; if lett to do all it do little"
The only conclusion to be drawn from it all is that
there is something radically wrong with laws for
the prosecution and punishment OF corrupt officials
As the matter stands the most energetic Grand Jury
that can be drawn could accomplish little nothing
Thus attention has been directed to a great
evil and for that, at any rate, the Grand Jury de-
serves thanks.