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

first time that I have heard Of such
thing but 1 think the judge has some
discretion and as / have not. seen the
report / could not say whether Of not
he acted within his rights"
NJ ". Stanton-'It has been the
custom. from time immemorial for
grand juries TO make reports tt was so
under the common law Of England and
OF this country and state The Ques-
tlOn OF the subject matter is another
thing, and as / have not seen the re-
port I am not prepared TO say whether
or not the judge should have accepted
IT, II there was anything within the
scope Of their investigation il was the
duty Of the grand jury to make
report Assuming that the report was
proper. the judge. I believe, had no
discretion but to accept IT the same as
an Indictment returned by the grand
jury"
should Indiet, Not Report.
W A Hawkins-~If the grand jury
found conditions as bad as the report
is said TO allege they are. they should
have returned indictments instead Of
scolding- For this reason I think Il
was entirely in the province Of acting
judge Howe to refer the report back 10
the grand jury for further cOnsidera-
ton"
John Franklin-sT do not care to
make any comment on the matter"
Frederick c. Enollenberg-'-Th ac-
tion OF acting judge Howe in not ac-
cepting the grand jury report is I'M
usual Reports are usually accepted
and, personally, I have never heard Of
a judge refusing to do so. The judge
may not agree with the report. but il is
certainly the custom TO accept them
Never Refused n Report.
Judge A. NV althail--I never re-
fused to accept a grand jury report
and il has always been my practice to
allow the grand jury 10 be its own
judge in regard 70 the kind Of report
1t should make Whether the action of
acting judge Howe was for the best. 7
would not care 10 say. Personally
have always received reports and con-
slider that the public is really the final
judge as to the charges made in re-
ports"
r. f. Thomason-"T do not know
what was contained in the report but
II il simply criticised certain officers
or offices. I think il would have been !
entirely proper 10 accept il. II. how
ever: II was Of personal nature and, /
II the grand jury had the facts,
think IL was the part OF that body to {
return indictments 7 wish 10 make I
II clear, however, that 7 think that III
is entirely within the province Of a 1
grand jury to criticise"
Burgess Saws Howe Was Right.
W H. Burgess - Acting judge
Howe was entirely right I'm his
action do not know Of a
precedent for his action. but 7 do 7
p
jury are simple and explicit; TO in 4
vestigate crime and indict where there .
is proper evidence II the grand jury I
had evidence Of crime il should in /
dict If II did not have the proper 1
evidence It is not the province Of the 1
grand jury 20 make charges. For {
this reason acting judge Howe was /
clearly justified in refusing to accept /
the report"
L. s Goen-''The action of refusing
the grand jury report is most unusual I
As far as I have observed reports OF 4
this kind have always been accepted, 1
not only in FL Paso but all overi the
state Of Texas ] never heard in my
life Of district judge refusing TO ac-
cept such a report ] have not looked
up the statute but I am inclined 20
believe that there is no provision for
refusingeto accept the report"
Business Il to Indict.
T. A. Falvey--The business Of a I
grand jury is TO indict. L don't think I
il j. within the province OF the jury .
TO deal with matters Of a slanderOus Z
nature. and II certainly Is within the Z
province Of judge TO refuse TO accept
a report that contains slanderous state
ments- The grand jury, in my opinion, I
should confine itself largely to the mat ]
ter OF considering the cases brought |
before il, although grand juries fire.
IF but one instance in Texas where q /
Judge has refused to accept a report"
]. A BuCkler.-''The making OF re- Z
ports by grand juries is extra judicial.
There is no law that I know Of that au-
nOrIZeS the grand furw To do auz-r hing 2