Daily Los Angeles herald., 1879-01-11
The Supreme Court.

Ah7eohb tho oNDJS'hSN ASRois - S'~
debate on section two of the report
Of the Judiciary Committee Of the
Constitutional Convention, fixing
the sessions of the Supreme Court
permanently ut Sacramento,
which was defeated through the
exertions Of Messrs. Howard and
Ayers, of Los Angeles, and Waters,
Of San Bernardino, assisted by fair
minded members from other Sec
tions of the State:
JUDICIARY MATTERS.
On re.assembling, on motion of
Wilson, of San Francisco, the
Convention went into Committee
Of the Whole on the Judiciary Ar
ticle.
Section l was read and no amend
ment offered.
Section 2 was then read.
Howard, of Los Angeles, then
moved to amend by adding after
the word Estate, "And at Los An
geles and such other places as the
Legislature may provided
Crouch offered the following sub.
stitute:
The Supreme Court shall consist
of a Chief Justice and two Associ-
ate Justices. The presence of two
Justices shall be necessary for the
transaction of business, excepting
such business as may be done at
Chambers, and the concurrence of
two Justices shall be necessary to
pronounce Judgment.
Wilson combatted both the
amendment and the substitute, and
recOunted the immense number Ut
cases requiring decisions from the
Court-inore than those Of the Su-
preme Court OF the United States
and the great labor Incident to
them. He said the workings of
the Court, as increased by the rec
smmendation of the mittee.
would almost be doubled, whereas
to diminish it would work very
great delay and consequent injus-
tice to litigants. Some Of the most
important cases that have ever
been litigated In the United States
have arisen in this State. He
thought 1t was better for the Court
to sit In one place than to be itin.
Grant, and that place was the State
Capitol.
Ayers hoped that this committee
would favorably entertain the
amendment of Howard. It would
be an act of injustice to the citizens
of Los Angeles, now that they
have gene to the expense Of fitting
up a fine courtroom, to take it
away. Unless their purses are
large enough, litigants must sub
init to the decisions of the lower
Courts and have no benefits from
the Supreme Court, because Of the
great distance to travel and the
very great expense incident to ap-
peals. He said there were seventy
two new cases from the southern
counties at the last session Of the
Court at Los Angeles, whilst there
were but forty-three in Sacramen-
to.
SHOULD ALL SIT IN ONE PLACE.
Beerstecher stated that the
amendment in no vice affects the
report Of the Committee, which
adds two Judges to the present
number. There is no use of having
one section of the Court sitting In
one place and one In another. Let
the whole Court go together and
sit together. He believed the
death rate in Sacramento would
finally abolish this place of meet.
ing. He stated that he was at lib.
erty to say that Chief Justice
Wallace favored the sitting of the
Court at Los Angeles.
Smith, of Kern, could see no rea-
son why the Legislature should not
have the power to try the experi-
ment Of permitting the Court to sit
at Other places than the State Cap
ital. AS it is, litigation almost
amounts to denial of justice.
Edgerton thought 1t was unfair
in Beerstecher to refer to the prefer
snces of any member of the Su-
pfeme Court. The wine of the city
OF Los Angeles Is very tempting,
and so are it's oranges, and If he
were to taste them probably he
would like to be little angel, too.
The Court at San Francisco has
cost the State $4,000 extra. Los
Angeles is too seductive q place. If
he should 60 there he would ex-
pect to find the Chief Justice and
General Howard in broad SOM
brer0s, with rooster under each
arm, on the way to bull fight or q
cock main.
Howard replied that there was
no danger Of the Court being
drowned out OF the courtroom,
like rats, In Los Angeles. In Sac
ramento they levy tribute on
everything in sight; they even try
to tax the flocks of wild geese fly.
ing over the Capitol. daughter. ]
West hoped the Committee
would not commit the impolitic
act of adopting the infexible rule
of prohibiting the Legislature from
providing for the holding Of ses-
sions at such places as time and
circumstances may make nee
essary.
THE EXPENSE TO LITIGANTS.
Harrington thought the expense
to litigants should be considered,
even If it did cost the State q little
more.
Beerstecher moved to amend the
amendment by adding San Frau.
| cisco, which Howard accepted.
Hale opposed the amendments.
The State Capital is the proper
place for holding SESSIONS of the
supreme Court.
Scheli moved to amend by pro
viding that the Legislature may
provide for sessions of the Court al
San Francisco and Los Angeles al
such times as may be necessary.
McCaIlum thought the best way