The morning call., 1891-12-30
DANGEROUS MANIFESTATIONS.

The extracts The CALL has given fir ON
time to time from the interior press of Cali
fornia have moved the Sacramento Record
Union to devote labored article to the task
of showing how very dangerous it is for the
people to criticize the action of the courts.
According to the Record Union all the peo-
pie have to do is to receive meekly whatever
court may choose to declare the law to be.
The Record Union does not consider the
influences which may have procured such
decision. In the opinion of that journal it
Is Of no consequence ii corporation attor-
neys are nominated and elected for the ex-
press purpose of rendering decisions in the
interests of their employers. The Consti-
tuition of the State of California provides
for the lawful removal of a corrupt judiciary.
The two Houses of the Legislature by con-
current resolution adopted by two-thrds
vote in each House may remove both Su-
preme Court Justices and Superior Court
Judges. The clause was not put in the Consti-
tuition for nothing. An emergency was antici-
pated in which II might be called into use
The CALL takes this occasion to remark
that the removal of judges by law is as legi-
innate an exercise OF power as the procedure
of the court. The court is created for
ceI tain purpose, and when in the opinion of
the creative power it has ceased to perform
its functions it should be deprived of the
power to do mischief Long before the
State Constitution was adopted there were
evidences of a purpose on the part OF the
Southern Pacific Railroad Company to con-
troll the courts Of the State. That company
had a potential voice in the nomination of
judges. ANY old politician who has watched
the proceedings of conventions of either
nnrtv Ennwc hnw nAorlu coil
has been to get nomination without
first getting the endorsement of the
Southern Pacific. Having got the courts
into its own hands the Southern Pacific
Company now announces the doctrine that
the courts can do no wrong. Its organ de-
clares such criticism as THE CALL has pub
lished gross, vulgar and andacious." 1t
wants the people to accept meekly such law
as the courts see fit TO give them. The
Southern Pacific exists a century too late.
Somewhat more than century ago an idea
prevailed in Europe that the King could do
no wrong. AS the French had no constitu-
ton which made provision for the lawful
removal of the King the people removed
him unlawfully. With the beheading of
Lonis XVI the idea disa ppeared that the
King could do no wrong. Fortunately
in this State we do not need to resort to
unlawful remedies. The people have in
their hands all the power they need. They
will have courts dictated to by the Southern
Pacific as long as they choose to submit to
them, and not a year longer. 1t is of little
use for corporation organ to set up pro-
test against the right Of the people to re-
view the action of courts. Neither is there
any force in the assertion that mo error
short of corruption and malfeasance can
excuse press or layman" for adverse criti-
cism on court decisions. The Judge who
accepts Office with the understanding that
he will serve any master but the people is as
corrupt as if he had sold decision after
taking office