Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-10-08


dlscontent Fall housekeeping has set in
a town over in Nevada has a mixture q
troubles One end of the village has /
visitation OF chicken-pox, and the other o.
chicken thieves.
a Western news item saws ..Farr,a q,
Pershlng, of Fayette county, Pennsylvania
has about 1000 bushels of apples in his
orchard, which he recently offered for $40
10 any one who would take them away
The crop IN western Pennsylvania is the
largest IN many years. That sounds very
much like the improbable stories told
about California, and of course there is
just about the same amount of truth in it.
The reelection of Warden AfcCoTp5 for
another term as custodian of TIE Folsom
state Prison was in the direction of civil
service reform. A majority Of the Board
OF Directors is oppose. to hin. politically,
but, recognizing II efficiency Of his man.
agement IN the 1T, they considered that
the economic ~ rests of the State would
be conserved ! retaining in Office man
who had served veil and faithfully. In
other words, the state, and not party, was
served by his retention in the place.
The people of Iowa, where the advanced
state of civilization has enabled them to
adopt prohibitory liquor law, are now in
trouble as to its enforcement, by reason of
an appeal taken by the saloon men to the
united States Courts. This is done upon
the ground set forth, that the Fourteenth
Amendment to the Constitution of the
United States, which provides that no
person shall be deprived of life, liberty or
property without due process Of lar, is
violated by statute passed in Iowa for
enforcement of the prOhibitory law,
winch permits liquor cases to be tried be-
lore a Judge and without jury. The
temperance people OF the State saw that
unless such law as this was passed, there
could always be found some upon every
jury who, from natural thirsty condition
or from direct purchase could be procured
by the saloon men and thus affect a Gisa-
greement of jury and the defeat of every
case brought up for violation of the law
1t is now maintained hy those in theliquor
interest that due process of law includes
trlal oy jury IN these cases, and hence that
the State statute which permits them to be
uleq before Judge Is in conflict with
The ourteenth Amendment. In accord
ance with this theory, cases which were
pending III the State Court at Dubunue
have been transferred TO the United States
Court, and the question will there be passed
upon. The effect of the Fourteenth
Amendment upon the power of the States
to change the method of trial was most ex-
haustively considered by the Supreme
Court OF the United States in the case of
appeal made BY Joseph Hurtado. of Sacra-
mento, and in deciding which the Cont
quoted its previous decision upon the sub
lect, rendered in the case Of Walker VS..
Savionet, 80 L. s., 80, when it said q" A
trial by jury in suits at common law pend
ing IN State Courts is not, therefore, priv
llege or immunity of national citizenship.
which the States are forbidden by the Four
tenth Amendment to abridge. Due pro-
cess Of law is process according to the law
of the land This process in the States is
regulated by the law of the State" 1t is
therefore perfectly clear what the decision
of the Supreme Court will be when it is
rendered, but the liquor dealers will gain
time by their appeal, and this is probably
all they expect.