Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-10
SOME QUESTIONS AND ANSWERS.

\ correspondent in another column asks
rs a series of questions relative to the
Terry assault upon the Supreme Court
j. Does not the Constitution provide
Tor the removal of Justices of the Supreme
Court under certain circumstances ?" OF
course. o. as not mental or physical
disability sufficient grounds for removal ?"
II it amounts TO permanent affection and
actual disability to discharge the trust,
yes. And we would add that where such
disability results from labor on the bench
the State ought to pension the retiring
official. ~ care not Judges of the Su
Dreme Court amenabIe to, Or are they
above, the Constitution and the laws ?"
our correspondent ought to have better
sense than to ask such an absurd question.
Il his own knowledge of the government of
his country does not inform him on this sub
ect he is advised to improve the opportu-
mites open TO all citizens to gain such
knowledge. A Judge enjoys no immunity
or privilege rising superior to the law that
IS not equally enjoyed by all other citizens,
ana neither Judges nor other citizens are
favored with any indulgence to violate The
laws made by the people. (H Did not D.
s. Terry follow The mode laid down in the
Constitution in making his complaint ?"
etc. No. It IS not provided that any
lher than the houses of the Legislature
may complain, prosecute or judge in these
cases. The Constitution wisely fails to pro-
tide that every disgruntIed attorney-suoh
as D. S. Terry-may file charges against
Judges, and compel action Under such
-ystem the Legislature would need to sit
,he year round, and twenty-four hours in
each day. o. Is it an attempt to AIexi-
canize the Government or break down cs-
.ablished forms of law for a citizen TO ask
hat the provisions of the Constitution for
he removal of Judges who have become
physically or mentally incapacitated, be
niorced ?' Abstractly, no. But if he
geks to gain Interior and vicious ends
Trough the agency Of the law, and to effect
ich changes in the judiciary as may re-
alt in his plant tools being indicted into
judicial trusts to do his bidding, or that of
The political branch Of the Government,
10 the invasion Of the independence and
selfreliauce Of The bench, then his scheme
Is blameworthy and ought to be killed Off
-ummarily. 90 of Terry's charges are
investigated and prove to be not well
lounded, will they not fall harmless to the
ground % Possibly; but the effect Of pre-
lerment under such circumstances as
characterize Terry's assault, is vicious, no
matter how disguised by The technical use
ofioms OF law, nor what tile results may
Doe. 40 8" II they are sustained, would
It not be advantageous to the State and in
the Interests Of the established forms of
law that incapacitated Judges should here
moyedg 20 That depends upon the charac-
Ter Of the testimony. 1t may he, not in
frequently is true, that verdicts are rem
3ored which have not the warrant Of
evidence in the case We do not under
tand what our correspondent means by
the interests Of the established forms OF
law The highest interests we recognize
are those of this self-governing people who
make and unmake laws, Legislatures and
Courts. Their interests are concerned by
he independence of the judiciary, which
is distinct branch of the government Of
he republic, the chief check and
equator in system that de-
nends for its every moment Of ex-
stenee upon the integrity of The Courts.
TO say that this guard and security of
iie, liberty and property is to be made the
shuttlecook of political within, or the means
20 unworthy personal ends by any citizen
S to destroy the chief cornerstone of our
liberties to loosen the very key of the
arch of free government and endanger the
whole superstructure of American in
titutions. (S) "Is not the cry of Hands off
made because of personal or political
lnimosity to the man who has had the
nerve TO make public charges, etc. Pos
sibly the animus of the man might be
arrived at from his relation to business
eefore the Court, and possibly the enemies
&c may have aroused are factors in the
formation of public Judgment as to his
purpose. But the cry Hands Off origin
ated with the REcoRp- UNION, it hap
pens in various phrasings weeks before
David $. Terry projected his personality
nto the question and revived unpleasant
memories recalling his notorious past. 1t is
protest by people who deem the independ-
azcs OF the judiciary of the utmost impor-
sase, and we believe that even if there
rhould be actual incapacity on the part
Of q Justice of the Court an attempt at re-