Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-22
AssAILING THE JUDICIARY.

Before the idea of an extra session of
the Legislature was thought Of the
REcoRD-UNIoS expressed its adherence of
the assaults made upon the Supreme Court
and the challenge of its motives. We
said then that the demand for the resigna-
ton of the Justices was dangerous,
menace to free institutions and an assault
upon the threefold system of checks and
responsibilities upon which the substruct-
ure of the republic rests. Now that it is
proposed to so use the legislative arm of
the Government as TO Gust the Justices be-
cause of an Interpretation of the law held
to be adverse to certain great interests, we
repeat that the scheme is revolutionary
threat fraught with dangers that cannot
be calmly contemplated. The disguise is
assumed that the reorganization of the
Court is for the purpose of expediting the
business of Gtigants, increasing the jul
dicial salaries and enhancing the efficiency
of the system. Such reasons proposed at
almost any other time would have force,
but when projected upon the heels of the
recent riparian decision, and proposed to
he given vitality by an extraordinary ses-
sion Of the Legislature, called to promote
important industrial interests involved by
recent decision, it is folly to deny that
the real and underlying purpose is to Sc
e1rra a ho,7oh ,,laJr,aI 20 l.
ance with the views of the friends of
those interests, who are at the same time
the projectors of the measure. We are not
discussing the wisdom of the decision in
question, or the applicability of the rules
of law upon which it rests to the natural
conditions of the State; but we do say
that if the precedent is once established
that Court may be torn down and new
one builded upon its ruins because of its
Interpretation of law in contest between
litigants, there is practically an end TO
the independence of the bench and
consequent end to all judicial guards to
personal and property rights. The deter
mination of issues will be transferred to
the political forum of the Government, and
all that is worth having or enjoying in the
Republic may thus become dependent upon
the drift Of the political breeze or the con-
troll by any agency of the legislative arm.
In the words of the Bar Association of
San Francisco, ''the freedom and independ-
ence of the Judiciary are inestimable and
should be maintained, and the attempt to
expel the present members of the Supreme
Court through the guise of constitutional
amendment because of a decision rendered
by them, is fraught with danger to the in
dependence of the judiciary, stability and
perpetIity of our institutions, and is
directly subyersive of the express guaran-
tees contained in the Constitution designed
toprotect the independence of the judiciary
in the administration of justice" No State
of the American Union can afford to ven
ture upon such dangerous ground. Courts
may be recognized, and it is frequently
wise to readjust the Judicial system, but
these things never can be tolerated with a
view to obtaining given judgment from
the bench
1t is gratifying to learn, as We do since
the foregoing was written, from authentic
sources, that the friends of irrigation legis-
lation have abandoned all measures look
ing to present reorganization of the SUI
preme Court Let all others do likewise
who have the interests of free institutions
at heart. There is time in which it will
be proper enough to consider the reorgan-
iEation of the Court with view of render
ing it more efficient and of advancing Its
business more rapidly to ifRal judgments,
but of all Others in the cycles of the years
this is not that time.