The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-04-23
MISUSE OF THE SHEETS CASE.

H' 0i'ianu OieBoHldH Oh q recent
date had an editorial article entitled
Bringing the Law into Contempt, -
AS an instance where judicial proce.
dure itself appeared TO be such pro-
nounccd perversion Of Justice as to
bring the law into contempt, it under
took to deal with the Sheets case in
this city, and it did SO in the follow.
ing manner;
In Salt Lake CITY some time ago two
Scotchmen We're fleeccd out OF $40 600 by
a gang OF bunko men who operated in
a lodging house where the strangers
We're staying. The men appealed TO the
police. and were advised to 'get out OF
town" This they did. but Immediately
changed their minds and returned. de-
the bunko men TO justice, Failing In ali
enorts. they proceeded against the police
department, charging the Chief OF Police.
the Chief OF Detectives, an attorney and
ounko games under police protection. The
men were bound over by the Justice
court. but, when the case came up for
hearing In the District court the Judge
held that "the information really charged
the Chief OF Police with a felony hut
that. as the lower court had bound the
defendant over merely for the conspiracy
"A misdemeanor-the information would
have 20 be dismissed" And. so far as
the dispatches inform us, the Judge did
not bow his head In shame, A magistrate
they had been indicted for another, and
were to be tried upon the latter but be-
cause they were not Indicted upon the
first charge they must go free. Here was
scandalous miscarriage OF justice. Men
In important positions OF public trust, en-
ployed by the people to protect the pco-
pie. were charged with conspirins with
criminals 10 plunder the people-a crime
icy-aDd yet, upon hair-splitting techni-
callty, they were turned loose without
any consideration whatever OF the merits
Of the case,
The Oregonian then proceeds to con-
sidcr the Ruef case In San francisco,
where Judge Dunno was overruled by
the Supreme Court when he undertook
to enforce order and dignity in his
court. And the Oregonian s conclusion
is that "for unqualified absurdity the
California decision even surpasscs that
handed down by the Salt Lake tri-
bunal.
Coming now to the consideration of
the Salt Lake case animadverted upon
so vigorously by our Portland contcm.
porary, we proceed TO point out some
OF the wrong premises from which the
Oregoninn argued. 1t assumes some
thing that has not been proven with
regard TO the robbery alleged in the
McWhirter case, although it does not
mention the name. IT says the men
appealed to the police and 'twere ad.
vised to get out of town" Precisely
the reverse is true. The police used
every effort possible to get those men
TO stay here and help the investigation
of their alleged robbery, but they de-
clined, stating that their ticket must
necessarily be used which took them to
Los Angeles. 1t was their own stub
born refusal To stay that blocked pro.
ccedings at the outset.
Coming now TO the point where "the
Judge did not bow his head in shame, -
we note that the Oregonian S energetic
treatment Of this matter is based on
a complete misapprehensiou of the law.
The case as presented in the court
simply was that the information against
Chief Sheets charged him with mis-
dcmcanor, and 1t was proposed TO pro.
ceed To try him, on that information,
for a felony. If that can be done UNI
der the laws of Oregon. Oregon is Ger.
tainly unique among the States in this
respect; for the practice in American
courts, as i'll English courts. has al.
ways been directly the reverse, that
a man cannot be charged with a lesser
oliense and tried for greater one.
That is to say, for example, YOU can
not charge a man with assault and bat
terry, arraign him in court for that Of
fense, and then proceed to try him for
murder. The elementary principle of
the law is that man must be charged
with the offense for which he is TO be
tried, this charge to be either in the
form of grand jury Indictment or
information drawn and presented in
! legal form. Ii judge who refuses to