The morning call., 1891-12-25

THE SUPREME COURT.

The argument of Judge Wallace in sup
port OF the action of his court in appointing
an elisor places the Supreme Court of the
State lin an unpleasant position. The Su-
preme Court, OF course. is the law-giver in
the case, but ii is simply impossible to
deny that the lower court has, in the
opinion Of intelligent and impartial rel ders,
reversed the higher court. The overthrow
of the Supreme Courts argument is so
complete that the Grand Jurys quotation
from Aristotle, that where there is no
confidence in the law-giver there can be no
virtue in the people" seems rs if inspired
by knowledge of what was to come. 1t
becomes the duty of our people to dis
paSSionately consider the causes which have
placed the highest court in the State in such
pitiful light before the public. These
causes are not hard to find The members
of the Supreme Court were nominated
either by the active agency or by the silent
consent of the Southern Pacific Railroad
Company. 1t is not necessary to assume
that there was a corrupt bargain between
the railroad company and the candidates
for judicial positions; it is enough to as
sumo that the creature recognized a certain
claim to consideration on the part of the
| creator. The average man who knows that
he holds a desirable position through the
Influence of friendly power will stretch
the law a little in favor Of that friendly
power. The remedy in this case is to take
the power of making nominations from the
| railroad company. 1t is idle to cry out
| against the individuals who have done what
| a good many other men in their places
| would have done. The people cannot ex-
| pect honest service from men who are COM
De1le1 TN link for nplitinoI a,lv
! another power than the people. 1t is an
admitted fact that the railroad company has
been the controlling power in every State
! convention that has met in California for
| long term of years. With here and there
| a conspicuous exception, every man who
| aspired 10 office has sought the influence of
| the railroad company. The company has
| put one of its own officials in the United
| States Senate Chamber, and has given him
| colleague who knows perfectly well how
| he came to be Senator. 1t caused the NOM
| ination of a Board of Railroad Commits
| sioners who give the company as little
| trouble as possible and keep up a show of
| holding sessions. 1t is an admitted fact
also that the last Legislature was elected
for the paraT cunt purpose of electing
| Stanford Senator, with such subordinate
| purposes as the defeat OF any bills that
| might seem inimical 10 the railroad COM
| pany. THE CALL only states common
| place when it says that the railroad people
are not fit to exercise such power. Men of
| less selfish instincts and broader views
would have exercised it more wisely than
the Southern Pacific people have done, but
| Still the power is too great to be given to
any set of men. Adler and more far-see-
| ing men than Stanford would have so man
| aged affairs that their term of power would
have lasted longer, but under the best Dos
| sibie management it would have come to an
end in brief time. Mr.. Huntington saw the
end when he said that the railroad must be
taken out of politics. But Mr.. Huntington
never made any effort to take the railroad
out of politics. He was willing, apparently.
that it should enjoy all the benefit of being
in politics, but it is not clear that its grip on
the political machine has been loosened.
Nothing is more certain than that the rail-
road grip will not be loOsened until the peo-
pie take their affairs into their own hands.
The Southern Pacific will not abdicate vol
unfairly. 1t will get out of politics when
the railroad collar is as certain to insure de-
feat as II mas been TO insure success.