The Tucson citizen., 1902-04-26

any money received by him under any
duty imposed by law. so as to pay over
the same: Is punishable by imprison-
ment in the territorial prison for not
less than one nor more than ten years,
and is disqualified from holding any
Office in this Territory.
Par. 401. any clerk, justice OF
the peace, sheriff or constable, VINO re-
ceives any fine or forfeiture, refuses or
neglects to pay over the same ac-
oording to law, within thirty days af-
ter the receipt thereof, he is guilty OF
misdemeanor.
| Deli We there is a poetical tradi-
ton to the effect that every man is
supposed to know the law. | never
heard of, saw, or read Title III of our
Revised Statutes. Neither the presiding
Judge nor the district attorney called
attention to 1t. No grand juror men
tioneu it In all the discussions. 1t Is
safe to assert lnat mere were fourteen
other grand jurors unfamiliar with
that statute. nevertheless the jury mar
rowly missed an exact and technical
compliance with this particular law.
pars. 676 and SIT were complied with
| literally. Par 678 was followed only
| "constructively. The grand Jury did
not actually furnish copy OF the ac-
cusation to the district attorney. The
accusation was furnished the court In
the presence of the district attorney.
and 1t was filed where the district at
torney could EARLY reach and read 1t.
The spirit of the law was complied
with but its exact terms were uncon
sciously not followed That looks like a
evidently had a close call Here Is
what the jury did In the case that
was publicly criticised by Judge Davis
from the bench in Tucson.
Testimony before this body In rela-
tion to the conduct of some of the pre-
cinct officers and their business at Bis
bee discloses deplorable state of af-
fairs. Charges and countercharges
came thick and fast and occupied much
valuable time. Many sucn complaints
were ignored,-not that they might
not be weil founded but because OF
the anxiety of parties on both sides TO
swear fatty contradictory facts, thus
involving the truth in doubt and OBJ
SSo' Aty' hC LotlONlIs ldSts IOWefGT,
must be submitted in the interest of
good government: The jury finds that
5. X. Williams. justice of the peace at
Bisbee, from his own testimony, as
well as that of sworn witnesses. has
been guilty of gamDnng at roulette
during his official term. Said Williams. |
furthermore. has failed to turn over
monthly to the county treasurer, fines |
collected by himself as justice of the |
peace, and has. from his own admis-
sion, appropriated all. or part of said |
fines to his own use"
The accusation (thaL failed to be an
accusation" Dy a scratch) was made
after having the accused" under oath,
and after calm. serious deliberation.
and was concurred in by fifteen jurors
the entire body. No discussion on a
formal indictment was had. 1t was not /
thought necessary. But punishment by
public exposure and con-
demnation was thought necessary and
and was done. The Jury be-
lievec it had performed. it's duty. For
two weeks that Jury had abandoned
private business and had devoted iself
to the interests of the public. What
N this particular case, was the result? /
The subsequent appointment of law
braker Williams to high, respon-
'ible. honorable position by Judge
Jayis. towit; United States court COM
missioner at Bisbee. Toward the latter
part OF January, | received clipping
rom tie Bisbee paper conveying in
OF this appointment. 1t was
,ouched in eulogistic terms of the ap-
)ointee and the appointer. Shortly af-
erward | received enquiries from sew
al of the grand jurors asking if it
as fact that the appointment had
cen made. | did not know. / passed 1t 1
p to Judge Davis wrote him calling /
sttention to the report Of the grand .
jury | stated additional matter which |
If true ought forever to debar said ap- l
pointee from any public Office That Il
letter was dated January q last 1t re-
mains unanswered Williams received 4
an honorable position. The grand jury 4
was publicly criticised.
| have been In Arizona over twenty Il
years and have had considerable ex- 1
)erience in figu-ng for good govern l
mcnt. My opinion may now be en-
Tiled to weight. 1t Is a losing game
But have alsu arrived at another con-
fusion. A men ihat respects himself Il
and his country must either fight Il
or join forces with the
To perch on the fence is
splcable and cowardly. Be some
hing-a man or a sCoundrel,
Lay men, tthe chief makers of sta
ute law' may ar from he wiredrawn
'icN rf legal technC atty" but on
he other hand judges may wofully
Mss the mark from lack of practical
experience in the daily grind of the
social world II Judge Davis is welded
o the strict formalties of the law he
night explain the meaning of Par.
15:-"No grand juror shall be ques-
Toned for ANYTHING he NAV aav Or