El Paso herald. (El Paso, Tex.) 1901-1931, 1915-03-29

beyond considering the cases brought
before IL. unless called upon DE the
judge TO consider other matters and re-
port upon them II is the custom, how
ever. not only in Texas but throughout
the United states for juries TO make
reports II is entirely within the
province of the judge to refuse to &C
cept a report if he sees fit"
District Attorneys Opinion.
". W Bridgers, district attorney
Il am working with both judge and
grand jury and therefore feel a dellcacy
i'm expressing myself publicly on the
subject However. there is no question
that a judge has the right to eNpunge
anything that is scurr IlOus from a
grand jury report if a judge has the
right to eNpunge scurrilous statements
from a petition before the court It
seems 10 me he has the same right to
refuse to accept a grand jury report
containing matter Of the same nature
and thus prevent its becoming a public
record As to the right Of the grand
jury. I know OF no law that cOmpels it
either 10 make or not make a report
in my opinion il has a perfect right 10
make a report. Many grand juries make
reports. but others DO not. and il seems
20 me 10 be q matter that rests entirely
with the jury"
zach Lamar Cobb.-"Without looking
further into the law. 7 would be una bic
TO give an opinion IS 10 the right OF
grand juries TO make reports and the
right of a judge to refuse to accept
reports
Report Same as Verdict.
7. 7. Wee ks.-"The grand Jury is a
separate organization and. in my opin-
ion, its findings should certainly be ac-
cepted by a judge in exactly the same
way that a judge would accept a YER
dict from a jury. The Judge in n petit
jury case. for instance. may hold the
opposite opinion from the jury regard
ing the guilt Of q person but Il is his
duty to at least receive the verdict The
case OF the grand jury is the same"
W ". Turney.-"I have not seen the
grand jury report and do not Know
what is in it. have nothing to say
one way or the other"
Tom Lea. mayor elect-"Owing to the
recent course Of events my position is
such that 7 would prefer TO make no
comment OF any kind as to what action
was taken relative TO the grand jury
report"
C. L VoweI.-"I have never heard
before Of judge refusing to accept a
grand jury report. in my opinion il
is quite within the sphere Of a grand
jury TO Criticise public offices or off
GERS. Should a public official, say. be
ueglecting his duty, il would not be an
indictable offence but he should be
criticised for his neglect and this is
one OF the very reasons for grand
juries. and is strictly within the
province OF that body"
Joseph WOodsou.--I do not practice
criminal law and for that reason do
not care 10 express any opinion"
r F. Burges.-'I do not think a
grand jury has any right TO make a
report that is personal in its nature.
and certainly the court has right TO
refuse TO accept such a report"
Russell says Lack OF Courtesy.
s r Having been so busy
with other business did not have
chance TO read the account OF the grand
jury report 7 understood that the fudge
asked the grand jury 10 report on certain
matters and 7 do not think the grand
jury acted with courtesy toward the
judge If this was the case"
F. T. Hunter-"Judg Howe IS rela-
tive Of mine and / do not care 10 ex-
press any opinion"