Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-31
IT OUGHT TO BE KILLED OUTRIGHT


The whole movement of legislative ma
chinery to Gust, at this time, two of the
Supreme Judges ught to be killed outright
All the twaddle about high motives and
exalted sense of duty in now rendering the
bench efficient is transparent and mere rot.
We said yesterday that, assuming the Leg
islature to have power to act at this Ses-
sion on that subject though it may well
be doubted after all that can be said,
whether action is not legislation, and
therefore widely different from action
prescribed by Federal statute - if
the purpose was TO rebuke the
Court and reverse its decision on irri
gation-be that decision wise or unwise-
the scheme was reprehensible and ought to
be condemned. We believe it is all that
and more. 1t really sounds in the nature
of a conspiracy The genesis of the as
sault is apparent, and the immediate
source from which it springs enough to
condemn it. David S. Terry ought to be
the last man to assail bench he once oc-
cupied. The scheme is to displace two
Justices in order to break down a certain
Judgment. All such tampering with Courts
strikes at the substructme of free govern
ment and puts in peril the possessions and
liberties of every man. If Justices are
physically incapacitated, now is not the
time, this not the atmosphere in which to
exercise the dangerous power of removal.
Legislators cannot afford to commit them
selves to the damning doctrine that the
political arm may be invoked at the within
of the many or the few to strike down the
judicial guards. The whole suspicious,
dangerous. disgraceful business ought to
be abandoned at once, and the proceedings
entered upon with such seeming of
gravity ought to be stopped
> ~
5. J. GROVE was sent to Alcatraz to be
detained as witness, with others, in
pending case This was in itself hard
ship. 1t is one of the inconsistencies of
our system that while the defendant may
give bonds, the stranger witness of his
crime may be compelled to cool his heels
in Jail. Grove alleges that he and
number of others were confined in a cell
Is by 8 feet, and kept there day and night,
with the exception of a few hours allowed
for exercise in comparative liberty; that
they were fed on convict fare of the
cOarsest kind, and for most of the time
were debarred the privilege of purchasing
extra food supplies. That finally they
were not called as witnesses at all, but,
being set at liberty, were told that no
money was in the fund to pay them the 81
Il day promised them. 1t would seem to
be the refinement of cruelty to treat wit
ness prisoners as those who are charged
with crime, or convicted and sentenced.
They ought to be allowed all possible
liberty, good food, plenty of exercise and
in all ways possible made as comfortable
as Jail accommodations can afford. Indeed,
it is outrageous to eonfne them in the
same corridors or cells occupied by GRIM
inals. The Legislature ought to provide
that separate rooms, with as little of the
prison character about them as may be, be
provided by every county for detained
witnesses, and that they be furnished as
good food and plentifully as is usually
furnished at a fair hotel, and finally that
they should be given all possible liberty of
action. In this way we will encourage
men to reveal their knowledge of crime,
rather than conceal it from fear of being
punished" by being detained in prison as
witnesses
The selection of citizen to be United
States Senator for the early part of one
session of Congress will be in the nature of
a high compliment. The choice must fall
upon a Republican. The representatives
of the party should therefore select for the
position some man OF the party upon
whom the bestowal of the office will be an
act in special complimentary recognition
of his ability, distinguished services, and