Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-06-09
CALLING A HALT.

NAAAAANo - 100000
There is going up in many quarters a
howl against the Supreme Court of the
State. We can denominate it no more re-
spectfuliy than that 1t is based upon
radical dissent from an Interpretation of the
law of water rights by the majority of the
Court We should be recreant to duty
and selt-respect if we did not enter pro-
test against the folly and madness of these
insane declarations and demands for the |
removal of the Judges. The Supreme
Court is not above criticism. 1t is amen
able To the closest scrutiny, and the doc
trines it advances may be combatted, and
all that but all discussion of a decision |
of Court of the land ought to pro-
coed upon the plane Of the subject itself |
If decisions, are narrow and lack breadth |
of view, it is the right thing to say so, and |
boldly. But this people cannot do them
selves greater injury than to encourage |
the idea that Courts are constituted to !
make specific decisions to decide matters
of law as the majority or the dominant |
party may direct Yet this is precisely
what many, in their hot haste, are doing.
They are demanding the clearance Of the
present bench because, to use the exact
language of many journalistic advocates
the Court as now constituted, is an OBJ
struetion to the progress of the State"
This verbiage we find in a number of
papers, and it has a strangely uniform
character, as if ii flowed from the same |
source in each case. Now, we submit to |
the thoughtful men of the day that such a
course IS the equivalent of Madness If !
we are to give out the impression that we
elect judges who decide to suit our pre-
conceived notions, we had better abandon |
the judiciary system altogether The Ian
guage quoted implies Just this: Judges |
must be chosen who are first pledged to
decide the irrigation issues in particular
way Of course no self-respecting citi- |
zen would trust a candidate for a Judge
ship out of sight with his ash bucket who
would so disgrace himself as to express in
advance what his decisions would be on
particular issues if elected. The rule of
the dynamite Anarchists would be safer.
better and altogether more desirable than
such Q state of society as would permit the
selection Of the judiciary according to
such code. We must demand that respect
he shown the Courts, for in so doing
We simply command respect for the
system Of government Under which we
live, end under which all our rights are
held sacred. However much we may dis
agree with the Courts, and hold their de-
cisiosls = be error, to fail in the essential
Of looking beyond the laws to the purpose
of the law, 1t is the duty Of good citizens
10 bow to their decisions We have the
aw-naking power in our hands, and can
adjust the law system to suit our needs,
and thUs avoid whatever effect may result
from the interpretatiJ IN Of the law as it is
by the judicial branch Of the Government
Indeed. in the late decision on water
rights, Tie Supreme Court gives it to be
understood that for whatever need there
IL the Legislature is the. proper body to
supply IT, Now IN saying all this, we
must be distinctly understood as in no wise
discussing the irrigation issue We are
considering now neither the rights nor the
wrongs OF appropriations or riparianists,
neither the narrowness nor the breadth of
the recent decision, nor are we
debating the important and all-engrossing
subject Of irrigation, and the needs of Cali
fornia in that respect nor the methods of
attaining the desired ends to promote the
highest state of soil cultivation. We
are considering simply and only the in
temperate denuneiations showered upon
the SNpreme Court. because il has con-
strued the law as it deems its duty to be-
We rereat, that it is bad thing to do,
most unwise policy to pursue 10 shout
down with the Judges we have made
the moment decision adverse to our views
is given. If the laws are inadequate to
the needs Of irrigation, let us amend them,
or provide lawful means of attaining the
ends we seek but in the name of the in
stitutions Of the republic, let this mon
s.rous idea that Judges are to be terror
lied, he abandoned and at once when
they are corrupt, they can be charged and
removed until then taeir rulings are those
OF the people themselves.