Los Angeles daily herald., 1886-06-26
wANr oF coNFIpENcn.

In the Examiner" of the LIST inst,
appeared remarkable article, TO which
we give place elsewhere, calling attention
10 the entire want Of confidence Of the
people Of this State in our Supreme Court.
Although this fact has long been known,
although every man in the State has long
felt in his interior consciousness and
knew that the came feeling existed,
through some free masonry of thought, in
the minds of every other man, this is the
first public expression, by a leading jour
nal, that has ever been given to this uni
versally prevalent feeling. OF the three
hundred newspapers in the State not one
has confidence in this tribunal. While
this is not directly stated, it is manifested
in their indirect expressions. This is not
due entirely to their recent riparian de-
eision-applying the common law OF a
country saturated with rain TO the streams
OF an arid one-but to the average Of their
judicial work. The members of this tri-
bunal. the four especially who were con-
cerned in the recent riparian decision,
while they may come up possibly TO the
average OF the legal profession, practicing
in the lower courts, in ability and learn
ing, appear like very small figures in the
elevated position they hold, presiding, ns
il were, over the destinies OF great State
like California. That they are what they
are is no discredit to them; they are what
God made them. But we want upon our
Supreme Bench men who will look large,
who will appear to fill the position and
whom the people will respect. They
should, by nature, be able men, gifted
with intellectual and reasoning powers in
high degree, and learned not only in the
law, but in all other branches OF informa-
tion that are Indispensable to men the
world regards as wise, learned and cultl-
waited. Especially should they be well
informed as to the affairs OF their own
State. They should know its territorial
extent, topography, varieties OF climate,
soil, productions, and the wants, neces-
stiles, etc., Of the mining, manufactur-
ing and especially the agricultural inter-
ests. This looks like the simple, elemen-
tary knowledge of which no man OF
ordinary intelligence could be deficient,
and yet it is evident that If the four mem
bers OF our Supreme Court referred to,
had possessed 1t in even limited degree,
their late riparian decision would not
have been handed down. We must have
men, in all respects, of higher grade,
more learned in the law, OF wider range
of reading and observation, of broader
minds and higher intelligence than the
average OF those OF the legal profession
who practice in Justices, Police and
Superior courts, to sit on our Supreme
Bench. The salaries must be increased
so that the places will be aspired to by
the greatest lights of the profession. The
Judges must be men in whose learning,
81. f.ao fl
dence. We must have decisions, from
our highest tribunal, that are above the
criticism of every man who reads; that
do not, in important matters give rise to
universal dissatisfaction and distrust, that
are above the criticisms Of both laymen
and LAWYERS, and that are satisfying be-
cause indisputably wise and sound.
The State has long since outgrown our
Supreme Court. Ii it were ever equal to
its requirements, it is SO no longer. 1t
is unable to deal with the great ques-
tons that are now constantly arising
and will hereafter come up and, as at
present constituted, cannot longer work
in harmony with public requirements.
The EXAMINER conveys the hope, as
the judges must see that they have lost
the confidence of the people by whom
they were chosen and from whom they
derive their power, that they, following
the example of English cabinet Off
GERS, will resign. But notwithstanding
their fondness for English law and prece-
dents, we imagine that such hope is base
less. 1t is a strong point with them to
ignore popular expression. There is rea-
son to believe that they consider it point
of honor and duty to hold themselves
high above such influence, and that the
more decidedly they act in disregard of
popular manifestation the greater is their
assurance of right.
The terms OF McKinstrv and Thornton
do not expire until '91 and that of Sharp
until 95. Fortunately the term of
Mckee expires January of next year.
This fall his successor is to be chosen and
it will not be himself. This is one of the
certainties OF the future. Would that
there was as easy and prompt u method
of getting rid OF the three others. Must
these three men continue in office, two of
them for five and one for nine years to
come? The idea strikes with feeling Of
dread, depression and alarm. The places
of these men especially, it is felt, should
be made vacant as soon as possible, and
it were better to reconstruct the Supreme
Court Sin toto'' in accord with present
requirements. The salaries should be at
least doubled, or made large enough to be
objects Of ambition to the best ability,
legal and otherwise, in the State. But
the question is, how is this desirable re-
suit to be brought about? Such men as
compose our Supreme Court-and under
our republican form of government it is
nonsense to consider them except just as
they are-should not and will not be per-
mitted to bar the progress of the State.