Los Angeles daily herald., 1886-06-26
WHAT SHALL WE DOT


IL appears, from articles we republish
In this issue, that three Of our leading
journals. besides those of Lesser note, are
considering the question Of getting rid OF
our present Supreme Court which is no
toriously unsatisfactory to both bar and
people The legal profession, however,
press themselves do so In terms OF the
highest respect for the Court, and urge
that IL is tribunal SO respectable, digni-
fed and even sacred that all should fol-
low their example. But this, with them
is mere matter of policy. They were
never half "a insinoere in the position OF
hired advocates on the wrong side of y
legal question. II Ia with them, as the
saving Is, a matter Of business; !" but il
il not 30 with the people. Their busi-
meas and interests are the other wav, and
il Ia gratifying to sec tho press leading of
az It Ia. Under our form Of government
there is no position that renders man
wise, worthy OF respect, dignifed and
sacred. A proper and competent incum-
bent may impart respectability to sn
Office, but the Office can never make him
different from what he is. We have no
office go high as TO impress the average
~
OF, or cares little or nothing for the at
tributes Of office; but directs to the in
cumbent close and critical examination.
II he finds him unfit, he feels, or permits
no glamour of the position to suppress
his manifestations OF dissatisfaction II
tho majority OF our Supreme Judges were
wise, broad-minded men and able law
vers; II they handed down decisions that
.....n .,a,npallx, xrnl paaonpnl anI ;rra-
futablc in their logic and law and con-
sistent one with another, they would then
correspond with the office they filled !;
the office and the men would grow into
the minds OF the people as one and the
same. There would bo no disposition to
aenarate the two. The amazing incon-
gruity between the incumbency and the
office would not be apparent. Such men
as Marshall, Storey, Thurman, Davis and
others impaired respect and dignity 10
the judicial positions they held instead
of deriving all of that surrounding they
had, or those attributes from them. They
did SO because they were wise, broad
minded and learned not only in law, but
in the history, the resources and bust.
ness interests of the country, and they
knew the wants, needs and requirements
them and so applied the law They handed
down no decisions the merest tyro in the
law could demonstrate to be without
basis of either reason or law. Their de-
termination of the questions that came
before them satisfied and convinced not
only the legal profession, but the reason,
intelligence and common sense of lay
men.
We do not believe, however, that the
Judges who are holding the brake against
the wheels Of progress will get out of the
way by any voluntary act OF their own.
Such men are not suspeetible to the in
fiuences that move those east in larger
mental and moral mold. Like q night
mare pressing on the energies of giant
they will hang ON until removed by some
influence not originating with themselves.
And least of all can it be expected that
the entire bench will show an example Of
abnegation, as the "Alta" suggests, for
tho purpose OF giving the people an OPP
portunity to choose entirely anew. But
someway must be found to accomplish
the rehabilitation of our Court OF last re-
sort. California, hampered as she is, is
yet great State even in her present un-
developed, embrystic condition. Her
private and public questions requiring
adjudication are generally too grave,
weighty and comprehensive for the men
constituting the present Court. Some
thing must he done and the question of
what ii shall be is subject for grave con-
sideration by every thinking, Intelligent
citizen OF the State Kern County Cal
ifornian, June 8.