Evening capital news. (Boise, Idaho) 1901-1927, 1912-10-24
GRAND JURY HAS
NO RECOURSE N
The SITUATION
Judge Davis Declares It
Cannot Compel County
Commissioners to Carry
Out Recommendations.

Without power or authority, provided
by a law that instructs 1t to do certain
things and then hens 1t in so that II
cannot do them. the grand jury of Ada
county is at loss to know what action
TO take about the poor farm. Yesterday
tho limit of its patience seems to have
been reached when It asked Judge
Davis for positive instructions as to
Its powers in forcing the county com
missioners to take some steps toward
following out the eight recommends
tions that we're made after a careful
visit to the county building.
In careful set Of instructions, the
court officially supported the story
printed in last Sundays Capital News
that the grand jury was powerless to
enforce its demands of the commits
sioners and that the best that 1t could
do would be to make recommendations
that would awake public sentiment
into demanding action from the county
board.
So many legal questions are raised
every time the grand jury takes a step
toward betterment Of conditions that
are said to exist at the poor farm that
the grand Jury >, in rather an unen-
iv1able position. 1t Is questionable
whether 1t cal indict the county COM
imissioners for the maintenance Of in
sanitary conditions as 1t did indict the
central Dressed Meat company on that
charge. 1t can indiot public officers il
there has been an actual violation Of
law but whether the health laws of the
state are broad enough to cover public
buildings that are said to be in the
condition that the grand jury charged
the poor farm was in, is a legal Ques-
ton.
Question Of Jury's Power.
II IL also a question as to whether
the grand jury could bring impeach-
ment proceedings against the board on
such grounds and whether the laws OF
the state are now broad enough to
make such proceedings hold in a sourt
OF law. Outside Of the legal question,
there Is a big problem as to whether
Impeachment proceedings on such
grounds would be made to stand the
test before a jury composed OF Ada
county men when the commissioners
were on trial before 1t, II they should
be.
Another question has arisen as to
whether the state sanitary inspector,
James II. Wallis, could close the poor
farm II the grand jury found itself
unable to cope with the situation.
The health laws give wide powers
TO the state inspector in the handling
of insanitary conditions in buildings
that are used for public purposes such
ms hotels. lodging and boarding houses.
slaughter houses, creameries and
diaries and other places of the same
nature. The question has arisen as to
whether the words publ, buildings"
can be broad enough to include jaA1s
the poor farm. court houses and other
institutions that ar, neither owned nor
controlled by private individuals but
which belong entirely to the people of
any given community for public pur-
poses.
The court holds In its Instructions
that the grand Jury cannot enforce its
recommendations but the Judge gives q
list of words and their definitions that
may be Of use to the Jury in case a |
violation Of any OF the state laws is
discovered during the course of its in
vestigation.
The instructions follow:
The Courts Instructions.
Gentlemen Of the Grand Jury: In
compliance with your request in writ
Ing for an instruction. as follows:
What power has the grand Jury
to enforce or have enforced its recon-
mendations made to the court in re-
gard to the management and control
OF the Ada county poor farm?'
You are advised that the laws Of
Idaho provide as follows:
AN accusation in writing against
any district, county. precinct or mu-
nicipal officer for wilful or corrupt I
in office, may be presented
by the grand jury Ct the county for or
In which the officer accused Is elected
or appointed.
Tho accusation must state the Of
Tense charged. in ordinary and concise
language. and without repetition.
The accusation must be delivered
by the foreman Of the grand Jury to the
prosecuting attorney of the county
Except when he is the officer accused).
who must cause copy thereof to be