Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-24
DANGER AHEAD.
AN INDEPENDENT JUDICIARY THE
PEOPLES SAFEGUARD.
Memorial of the San Francisco Bar
Against the Proposed Disrup-
ton of the Supreme Court.

The following is the memorial which was
on Thursday presented to the Bar Associa-
ton of San Francisco by John Currey. Ed
ward r. Taylor, Richard Y. Hayne and
Thomas P. Stoney, and unanimously
adopted:
10 The Senate aud assembly Of the State Of
California u, Extra Session Your memoir
alists, the Bar Association of San Francisco
and members of the Bar of the State of
California, respectfully beg leave to repre-
sent TO you that, in their view. so much of
the Governors proclamation as invites
your labors to the reorganization of the
Supreme Court of this State is not war
ranted by any sufficient public emergency,
and that should you undertake such labors
with the result desired by the Executive.
such result could not but be full of peril 10
the State.
1t is proposed, because of a certain deci-
| sion of the Court, assumed to be wrong. to
abolish the Court as at present constituted.
and upon It's ruins to erect another appel
late tribunal, whose members shall agree
with the views of those who now clamor
for the destruction. Because a coordinate
branch of the Government has met the
official displeasure of another coordinate
| branch, this latter has called upon the
third coordinate branch to take summary
measures for the purpose of rendering the
one subservient to the others. That this is
so palpable as TO be gross, is evident upon
the most cursory reading Of the Governor
proclamation. especially if it be read in the
light of the history OF lifetime,
The charge and the sole charge, is that
they (the justices have rendered decision
| inimical to certain interests, and must
hence beremoved, and that without DELAY,
in order that decisions may be rendered on
| the subject of water rights which are favor
able TO those interests. We venture to say
and we say it with deliberation, that there
is here presented the gravest question ever
presented to the people Of this State and
we further venture the assertion that what
is proposed TO be done viii, if carried tc
accomplishment stand single and alone in
anomalous deiornity.
We cannot, it is insisted, keep toe
| strongly intrenched within our hearts Q
| deep affection for our form of govern.
| ment-a government resting as it doc.
[ upon the three equal columns of an indie
| pendent and coordinate Executive, an in
dependent and coordinate legislative body
and an equally independent and co-ordi
nate Judiciary. An independent judiciary
| is absolutely essential to the welfare of the
people-without it the weak are but prey
TO the strong, and corruption and fraud car
| work as they will
1t is one of the chief objections to repub
lies that the rights of the minority are no
sufficiently protected; and it is evident tC
the most superficial observer that our sys
TEN of government was framed, as far a:
possible, to do away with this objection
The principal means to this end is the iu
dietary, which has been happily termed
the balance-wheel of the system. It is Of
the last importance that this delicate in.
suument should be shielded from The
shock OF conflicting interests and removed
from the effects Of popular excitement.