Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-03
HANDS OFF!
LEAVE THE SUPREME COURT
ALONE.
Now Not the Time TO Act-Protests
OF the Press-The New As
sIuIt-Etc.
HANDS OFF!
Dawes GRIEVANCE.

at State expense as well as the private dill I
ferences of Haggin IL Carr and Lux d
MiIler-all under the pretext OF settling |
question of whether we shall have the |
right to appropriate the living waters OF
the State or not-PeOpie's Cause.
WILL IT BE TOOL?
Justices Morrison and Sharpstein, in an
interview with San Francisco paper, say |
that Terrys dissatisfaction was caused by !
the decision in the Sharon case, which de- (
cision depriyes Sarah Althea's husband !
Terry, from receiving vast sum OF money
from the late Senator Sharon. In the face
of this, does the Legislature propose to be a
tool of Terry, whereby he can get revenge?
NecadG Transcript
FUNNY
1t would be the funniest thing in the
world. if serious matters are ever funny,
for the Legislature to throw overheard two
Justices of the Supreme Court, and thus
disorganiZe the Court, because of the ruling
of the Court in particular case. .
OF course Judge Terry's complaint and
action has its starting point in the cele-
brated divorce case of Sharon VS.. Sharon,
And there would be something astonishing
in a Republican Assembly passing two
thirds vote against two Justices of the
Court on the complaint of David S. Terry.
But strange things happen every day in
this world and politics is proverbial for
making strange bedfellows.-GrdsS Pdtley
Iidings
TERRYs JOKER.
David S. Terry having met with i'll sue
cess in the trial of cases in which he was
interested before the Supreme Court, pro-
poses to get satisfaction by an attempt to
Dust two of the Judges, Morrison and
Sharpstein, on the plea that they are
mentally and physically incapacitated for
service and has presented charges to the
Legislature to that effect in the hope of
effecting their removal. The Assembly,
through a committee is about to take
testimony as to the charges, while the Sen
ate Judiciary Committee is taking time for
consideration as to what is best to be done.
The objection is made that the Legislature
has been called for a specified purpose, and
cannot properly take cognizance of the
matter. and that it is something that can
only properly come up at the regular ses-
sion 1t is felt also that this is d personal
matter with Terry, and many members do
not feel disposed TO further his attack on
Judges Morrison and Sharpstein by any
action looking to their removal from the
bench-GraSs Valley Union.
THE GAME OF REORGANIZATION.
The game having been blocked in that
direction by The general wrath which the
scheme excited, something like a flank
movement was developed in the Legisla
ture Thursday. Complaint was lodged in
both Houses that Chief Justice Morrison
and Justice Sharpstein had become inca
pacitated from performing their duties, by
reason of their intirmities, and praying
their immediate removal from the bench !
Action on the part of the Legislature IN the
premises was demanded under Article W.
Section 10, which provides that Justices
of the supreme Court and Judges of the |
Superior Courts may be removed by con-
current resolution of both Houses of the |
Legislature, adopted by two-thirds vote
of both Houses The Section further pro-
ceeds But no removal shall be made by
virtue of this Section unless the cause
thereof be entered in the Journal, nor I'M
less the party complained Of has been
served with a copy of the complaint against
him, and shall have had an opportunity of
being heard in mis- defense" If this side
attack on the Court were in all respects
what it appears TO be on the face, it would,
perhaps, be sufficient to point out that the
removal of Justices of the Supreme Court,
even if incapacity should be prov ed, could
not be attempted under a call which con-
fines the Legislature. so far as the Su-
preme Court is concerned, to the formula
ton of amendments to the Judiciary Ar
tcle of the Constitution. Putting out
Justices by Summary process cannot be
ranged under the head Of constitutional
amendments. There is a loose notion that
removing Judges is an Executive act and
NAV be performed outside of the proclaim
alton but it does not yield much on analy-
sis. 1t is true that the Legislature is acting
on one subiect-.he Senatorship-whichI
was not specified in the call, but thatsis |
controlled by higher document than the |
Constitution of California-that is to say. |
the Constitution of the United States. 1t |
is said that this power to remove Judges |
by a tWo-thirds vote is an attribute of the |
Legislature of which it cannot be Invested |
when assembled in extra session. If this |
be so, all its other attributes adhere, not |
withstanding the limitations of the Gov |
ernors proclamation, and as consequence |
the limitation placed on extra sessions is no !
limitation at all. There is nothing here |
but the notification of one part of the Con- |
stitution by another. But notwithstanding |
all this the Assembly jumped at the propo- |
sition and has ordered the Judges to APP |
pear. The Senate, more cautious, has not, |
at the time of the present writing, decided |
what it will do. The Legislature now in |
session has no right to interfere with the |
Supreme Court il the way indicated. There
is nothing in the call of the Governor, as
already stated to justify such actions.
II R,JlctiD