Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-07
THE TRIAL OF THE JUDGES.

manently incompetent, Dy reason Ol Uotil pLysl-
cal and mental infirmity, to discharge the du-
| ties of their office. committee OF seven were
| appointed to investigate the charges and the
| Judges were subpenaed TO appear before them
| Yesterday afternoon.
The committee consists of Morris, Chairman .
! MeJunkin, Gregory Ashe McGlashan, Henry
| and Davis.
AtlP. N. an executive session was held in the
| parlor of the Golden Eagle Hotel in order to
] agree upon d plan of procedure They agreed
| to adjourn to the supreme Courtroom, and con-
! duct the examination with open doors
! The meeting at the Capitol was called to order
| at 8 ?. NJ by the Chairman, Morris, all other
members being present except McJunkin.
The charges made by Judge Terry ana the
resolutions passed by the House were read:
THE JUDGES REPLY.
The following letter was read by the Secre-
SAN FRANCISCO, August 5, 1886
To the Hon. Vim. II. Parks. Speaker Of the Assem-
| big Of the state Of CdlQoTnid-SIR: We are in re-
| ceipt of notice dated July 50th 1856, request
! ing our attendance before a committee OF the
Assembly with view TO an investigation
| touching our capacity to discharge the duties
| devolved upon us as members of the Supreme
| Court. We are also in receipt of c-pies OF GER
| tain charges made against us, and also of the
resolutions of the Assembly appointing the
committee and empowering it to send for per-
| sons and papers.
| While entertaining the highest respect for the
| Assembly of the state, we feel we would be
wanting in the proper discharge of the high
|
| bers of the Judicial Department of the State
| should we fail carefully to guard the indepen-
| denee of the coordinate branch OF the govern
| ment committed In part TO our charge.
| The harmonious and efficient operation Of our
| political system depends upon its checks and
| balances and it must be admitted that the in
| dependence of each of the three great depart
| ments of Government is essential to the per-
manency of our free institutions
| Recognizing fully the poWerof the two houses
of the Legislature TO remove Judges of the su-
preme Court by concurrent resolution, as pro-
vided in Article VI, Section 10 of the Constitu-
tion of the State, such action can only be taken
| for an adequate cause and after an opportunity
| afforded such Judges OF being heard in their
| defense before the two houses in whom this
| great power is vested.
Members of the Judiciary Department of the
| Government cannot, under the Constitution, be
| tried By body of lesser dignity in the Govern
ment than the houses of the Legislature, nor
can such power be delegated to a committee or
| less number than an organized house.
We cannot, therefore, construe the resolution
| OF the Assembly referred to as other than one
| for the purpose of ascertaining by preliminary
| investigation whether the Judges against whom
such charges have been made shall be put upon
| their trial.
Should we be cited by the honorable Assembly
| to answer any charges arising under the Consti-
| tuition and laws, we will promptly appear and
make our defense; but must, for the reasons
stated, respectfully decline to recognize any
committee vested with jurisdiction to hear
and determine any accusation against us.
With full confidence that you anG the honor
\ able body over which you preside viii read in
| this communication, not an attempt to obstruct
| the legitimate exercise of the power of the
Legislature but rather desire to protect the in
dependence of the judiciary and with the con-
viction that as the Courts have never failed to
maintain Legislators in the full and untTam-
meled discharge of their legitimate functions,
so you and they viii not upon reflection fail 10
approve i'll us a determination to maintain the
rights and immunities of that branch of the
government OF which we are a part, and upon
whose absolute freedom of action every citizen
OF the State, from the highest to the humblest.
has deep and abiding interest
We have the honor to remain, yours respect
fully, ROB ri f MORRISON,
Chief Justice of the Supreme Court.
J. K, SHARPsTEIN,
Associate Justice.
McGlashan moved that the communication be
Incorporated in the minutes, and that the com
mittee proceed with the investigation. So or
dered.
EXAMINATION OF WITNESSES.
David 5 Terry was then asked to introduce
his witnesses, This he did and conducted the
examination.
j. j. Paulseu, Deputy Clerk of the Supreme
Court, was the first witness called, and was
asked by Judge Terry to produce the proceed
| ings in bank of the supreme Court from the 10th
day of July, lSS5 to the 1st of August, 1886 and
| to state how many opinions had been filed in
| that time. Also the number that had been
| written by Just ces Morrison and Sharpstein In
| that time. The Clerk stated that he would have
| to examine some 200 pages of records. and it
would take him some little time to do so.
In order TO facilitate the examination, the
questions of Judge Terry were reduced to
| writing and handed to the clerk, who was re-
| quested to retire and formulate an answer as
| soon as possible.
Judge ". W. Cope was the next witness. He
had known Judge Morrison I0r fourteen or
| fifteen years; was quite well acquainted with
him; he was attacked with serious ailment
| some time after his election-a stroke of paral-
| ysis that rendered him unable to do much phys
zeal labor he did not think the paralytic stroke
| interiered with his mental faculties; he knew
of some noted eases of paralysis which did not
| in the least interfere with the parties mental
faculties. Samuel j. Tilden suffered from a
paraly tic stroke of twenty years standing, yet
there was not Democrat living " no would
say that his mental faculties were in the least
impaired. He did not know how many opinions
Chief Justice Morrison had written. AS Chief
Justice, it was not expected he should write
many opinions but more to act as a revising
Judge OF the different departments. So far as
Judge Morrison mind is concerned, it is now
and has been for some time back as clear as it
ever was. His right arm was not Affected and
ne walks from his residence TO the chambers
every day.
In answer to questions by the committee,
Judge Cope said he thought that Morriso-'
mind was perfectly clear now. Sharpstein was
attacked, some time since, with eryslpeas and
neuralgia, but he seems TO be rapidly regaining
his health. For time think his mental and
physical capacity was somewhat impaired.
Meet him at lunch almost every day, and think
d. 5. Terry said that was all the witnesses he
wished to examine until the Deputy Supreme
Court Clerk answered the questions propounded
to him.
McGlashan said there were several present
representing the other side, and suggested that
the time be filled in by asking them to testify
and requested Judge Terry to PROFOUND the
questions.
Judge Terry handed the witness volume of
the West Coast Reporter open at page 156, the
case Of People vs. sullivan, an opinion written
Nv Il ATfNrr V..f.a
Read that, and see if you think hisintellect was
as good when he wrote that as it was before he
was paralyzedY
Judge Cope read the decision aloud. and ad-
ded at the close, F" see the decision was con-
C -rred in by Myrick and Thornton. In what
respect do you criticiSe ii Y'
Judge Terry-He Incorporates questions and
answers objections, the arguments of counsel,
etc. Did you ever see that in any other opinion?
Judge Cope said he had in a certain noted
Michigan VIII case, and found such memoran-
dun to be most valuable. He did not remember
ever seeing one just like the one under con-
slderation but had seen some similar.
Judge Terry-DOn't you know that for twelve
months past he has not performed the Office of
Chief Justice?
Judge Cope-I know that Mckee has presided
IN his absence. The Court has recently been
divided up, part in San Francisco, part in Los
Angeles: Judge Morrison going to Los Angeles
ana Judge Mckee remaining in san Francisco.
Judge 5. NJ. Wilson said he had known Morri-
son Tor upwards of twenty-five yesTs Some
time a1ter ms election he was attacked with Sc
rious illness. which had not left him entirely,
he still being physically weak. He was unable,
however. 70 detect any difference in the Chief
Justice mentally think his mental faculties
are unimpaired. He perhaps cannot work as
many hours day as formerly, but still don't
think his physical infirmities interfere in the
performance of his mental labors. He had seen
some OF the brightest minds in feeble shell.
and noticed instances Chief Justice Taley
ana the late Samuel J. Tilden- Mr. FELTON, was
similarly effected. Judge Dwinelle had sim
laI stroke, but each continued their business
without apparent Interruption He had de-
teeted no difference in Judge Morris0n's de-
elslons since the paraiytic stroke. Don't know
as Morrison had written opinions in any i'm
portant case in the past TWO years but he has
participated in the trials. Did not think it was
so strange thing for a Judge to quote in his
decision evidence that was objected to in the
Court below.
Judge Terry-Can you.refer to any similar de-
cision to that of the People vs. Sullivan?
Judge Wilson, don't know as ] can but
presume could find hundreds of them.
Judge Terry-Well, you wouldn't write one
like ii?
Judge Wilson--I don't know why should not |
Two Judges concurret in that decision and Il sus-
tanned the Court below. certainly don't think /
all four of these Judges were mentally incapac- !
itated. livery often read decisions of the higher !
Court which don't consider good law, but it is |
invariably when / am counsel on the losing
side. That decision you refer to would not |
strike me as having been written by man :
mentally ineapacitated. 1t vas only a COM
aon case. Think each of the Judges are just
IS competent mentally as they were when