White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1922-07-23
GRAND JURORS CANNOT
EMPLOY DETECTIVES

to employ private detectives to make
Investigations for that body, or for
members of the grand jury to pri-
vately finance criminal investigations,
is the unanimous decision of the su-
preme court of Nevada, rendered in
the case of the Burns International
Detective Agency against George
Doyle and others, reference to which
was made In last Sundays issue of
the White Pine News. The opinion
was written by Justice Coleman and
concurred in by Justices Sanders and
Ducker, with special concurring
opinion by Justice Sanders. The de-
cison thus sustains the position taken
by Treasurer Bath, former Sheriff
Mclean and the board of county COM
missioners in refusing to obey the or
der made by District Judge McFadden
requiring the payment of the Burns
agency bill of $2,3S3.90 out of the
county treasury. 1t holds that the
entire transaction was illegal and
void, and that no recovery can be had
on such a contract. The result IS
that the detective agency Is loser for
the entire amount. The following
extracts from the opinion of Justice
Coleman are Illuminating:
rs it possible for frail human ma
ture to lend its support to the ferret
ing out of crime without being in
fluenced in reaching conclusion as
to the guilt or innocence of the party?
We think not. Would anyone be SC
adacious as to say that a detective
who has been active in investigating
an alleged crime could be an impair
tial grand juror or petit juror? The
fnn11iru tho 6nn
who furnishes the money to induce
the activity of a detective in such an
inquiry IS but slightly, il any, less
liable to be prejudiced. In fact, the
detective is working for the reward,
and Is paid for his services, regard
less of results, whereas the one who
puts up the money to induce the
activity of the detective is in a posi-
tion to use his influence to get the
results he hopes Tor. His only re-
ward Is in finding a victim. Is he
likely to be impartial toward the one
who is the fruit of his own activity?
A knowledge of human nature an
swers. No; the experiences of the ages
answers, No. The words of st. Luke,
Where your treasure Is, there will
your heart be also.' state truism.
An agreement on the part of grand
jurors to finance an investigation OF
particular offense inexorably preju-
dices them as impartial and unbiased
members of the grand jury. Such a
contract not only tends to create
prejudice, but, unless the persons so
agreeing are superhuman, it Is safe
to say that it in fact has that effect"
Likewise Justice Sanders, in his
concurring opinion, says:
"The question Is new in this juris-
prudence, and, after most diligent re-
search, have been unable to find in
the decisions of other courts any
precedent for such a contract of en-
ployment by grand jury, for tho
reason, | assume, that the method of
procedure adopted by the grand jury.
in the exercise of its inquisitorial
powers. is most extraordinary and
'iIt is deemed proper to state that
an impression widely prevails that
grand jurors, in the exercise of their
powers, may assume the
role of prosecutors in their commend
able earnestness and zeal to bring to
light for examination, trial and pun
ishment violators of public authority,
our constitution and laws. But such
is not the law. Grand jurors are not
1T is true that in the discharge of
their oaths they are required to make
diligent inquiry into all offenses COM
mitted and triable within their juris-
diction, of which they have and can
obtain legal evidence. But I am of
the opinion that, in the exercise OF
their inquisitorial powers, they are
not required, neither are they en-
to employ third parties to
aid, assist and participate in the pros
of their trust, outside of those
public officers upon whom the law
imposes the duty. II Is true they
must inquire of all offenses, but not
by procuring by stealth and chican-
cry witnesses to become public in
formers but by sending for persons
in the manner provided by law, who
might, in the opinion of the grand
jury, be most likely to possess evil
dence relative to the matters under
Furthermore. to countenance
such a method as here employed Cc
presentments or indictments
would introduce flood OF evils, dis
astrous to the purity of the admins
tration of criminal justice and sub
verS1ve OF all pubic commence In
that body 1t would tend to destroy
the independence and impartiality of
the grand jury and increase the dan
ger 1t was intended to avert. l act
more in conformity with wise and
equal administration of the criminal
law by refusing TO tolerate any limo
vation or practice that would bring
the grand jury system into con-
1t is very probable that in the pres
ent instance the grand jury would
not have countenanced the employ
ment of detectives had they not been
advised that they could legally do SO:
II is not usual for such bodies to take
steps unless they have
made inquiry as 20 their
rights and duties from those whose
duty 1t is to advise them: the law
says that the grand jury may at all
reasonable times ask the advice OF
the court and OF the district attor-
ney. In view of the subsequent ap-
proval of the bill by the district
Judge, and of its rejection by the
haara ~ annnfu cNpn toct1uors