El Paso herald. (El Paso, Tex.) 1901-1931, 1915-03-30
DUTY A.JUDGE
TOAGRAND JURY
w. H. Fryer Says He Should
Have Told Grand Jury Sort
Of Report to Make.

1t struck me as rather strange that
all Of the lawyers who were inter
viewed on special judge Howe's action
regarding the grand jury report con-
fined themselves merely TO the CUES
tion Of whether the Tat turn uown Of
the report was right or wrong with
out discussing whether any other
action by the judge should have peeu
taken, said W H. Fryer, court
stenOgrapher in the saith district court
and himself an attorney discussing
the action Of special district judge w
J. Howe relative 10 the grand jury
report Of last saturday. Continuing,
he said:
1T seems to me a very simple prop
osition as to what a district judges
duty is under such circumstances as
TO the scope Of its activities and law
fulness or unlaWfulncss Of its acts,
the grand jury looks entirely to the
court for its instructions, and TO the
district attorney for its advice
Need Instructions of Judge
The grand jury is made up Of lay
men who are not versed in the law,
and, with their minds alive with an
exposition Of vicious practices and in
tOlerable conditions prevailing, il is
not TO be wondered at that in their
zeal and with a desire not TO lay down
their task without endeavOring to in
form the court as TO the general re-
suits Of their Investigations, but TO
make recommendation looking 10
eTadicative or corrective steps, they
and, IN such cases. II would seem
entirely within the province Of the
court to advise the grand jury just
wherein its members have erred.
Court Should Have COunseIed.
Should a grand jury tender a re
port which, in its nature, was viola
tive Of the letter or spirit of the law
IN any particular, me report, in its
entirety, should be read by the court,
and. in detail, the portions OF the re-
port which are Objectionable should
be pointed out to the grand jury and
this all privately instead of in open
court. and the grand jury should be
advised fully and frankly just how
far its report should 80. Grand juries
are composed Of rea souable men, who
would, as they have done In the past.
accept the suggestions of the court,
and act thereon
The Result.
Just what is the result of the pres
ent tempest2 The public, directly and
by lnuendO, is informed that j. men
rendered into open court, for publica-
tlOn, 'scurrilOus' Mbelous,f vicious
accusations against public officials,
and that the acting district judge.
after reading a page Of il. said take
II away Are the feeI=ags Of these
J. men thus accused less tender than
the dear officials who are supposed
70 have been so ruthlessly attacked in
the report?
On Whom Is the Onus.
IS II any worse Tor the grand jury
10 say that an officer is derelict i'm
his duty. than il is Tor someone else
10 decree that grand jurors are pro-
curers Of libelous publications.
As the matter stands. because the
report was partially examined In open
court and turned down flat. the grand
jury Is made to bear in silence the
Drunt of what va unquestiOnabiv a
mistake upon its par1, made in GOOD
faith, and which could easily have
been corrected, with the public. none,
the wiser Now the public is left TO
think what il pleases as to the con-
tents OF the report, and. incidentally.
me members OF the grand jury are i'm
the same position as the dear orr
Gals VINO, II is said, were attacked or
would have been-they have no oppor-
tunity to explain