Daily Los Angeles herald., 1879-04-03
New Constitution.
No. ".

The judicial system provided by
Article vi. is in many respects new,
and no definite opinion can be ad-
vanced Of its future operation. But
why change the present system
All lawyers will concur in the opin-
ion that 1t has hitherto proved eff
ficient, and that no State in the
Unien has had a judiciary of high
er character, and more thorough
administration of justice, than CAL
ifornia has had for the last fifteen
years under the existing Constitu-
ton. Why then, to avoid those
minor evils inherent in every sys.-
tenn, should we fly from one with
which the profession and people
are familiar, to one hitherto un-
tried? The only argument, of even
q plausible character, in favor of
change, is in the relative expense
to the people of the old system and
the new.
1t has been thought that the du-
plex system of District and County
Courts entailed on the people a
greater expense than was necessary,
which might be avoided by merg-
ing the functions of the two Courts
into one. This, so far as can un-
derstand, was the principal ebjec.
tion to the present system. But
what Is the result under the new
Constitution have not made
the calculation myself, but refer the
reader to a publication Of high Or
der and character for information
In the Pacific Coast Lda0 Journal,
of March 22d, the relative cost Of
the two systems is given. That of
the existing system is set down at
$2o5, 800, while that of the proposed
system is given at $276, 200, show.
ing an excess of cost over the pres
ent system Of $1,000. This, I ad-
init, is small sum for the great
State of California, but while the
Convention was concerned so much
In questions of economy; while it
was reducing the compensation of
Governors, State officials and Leg
islators, 1t would not have been
amiss to have had some regard to
the cost of the judicial system
which more directly and immedi-
ately affects the people than any
other.
The new system offers no guar
anty that better and higher GLASS
of professional men will be chosen
to fill our judicial offices than now
fill them. And, indeed, 1t would
be difficult to suppose that, under
any system, We could secure the
services of an abler and more con-
scientiaus Judge than he who now
presides over the Seventeenth Ju-
dicial District Court, or of a more
learned and scrupulous gentleman
than he who gives the rule in our
County Court.
The twenty-fourth section OF this
article is, in some respects, the
most injudicious of many unwise
and injudiclous provisions. 1t pro-
vides that no Judge of the Superior
or Supreme Courts shall receive his
monthly salary unless he shall
take an oath that no cause In his
Court remains undecided, which
has been submitted for decision,
"for the period of ninety days.n
1t makes no exception in favor of |
Courts overrun with business, of |
Courts before which shall come
questions of the most involved and
difficult character. 1t lays down a
cast-iron rule, to which all Courts
must submit, and, for the sake of
expedition, sacrifices correctness
OF decision, which can only be at
tanned by long, mature and thor
ough consideration.
Lawyers, probably, will alone
understand the full import of this
provision; but that its effect will |
be disastrous, that it will substi. |
tute haste of decision for correctness |
of decision, is obvious to every one
of ordinary comprehension.
In my own personal experience,
have known cases so difficult and
intricate that 1t required the utmost
exertions of the Court for fifty or
sixty days to read and digest the
record, the arguments of counsel
and the opinions of the learned in
the profession, bearing upon the
points involved. Atmany terms of
the Court, q naeahar of suoh cases
may, and often do, arise; ..s. -
der the stern and infiexible rule
prescribed by the New Gonstitu.
ton, they must be decided by the
! Court within the period limited.
Inas this necessarily implies hasty,
~ consiae-ed. erroneous and unjust
determination us the law, need
scarcely be stated. And thus, for
the sake Of more speed, all the ele-
ments which go to constitute the
righteous deter of justice,
due deliberation, sound reflection,
and accurate determination are to