The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-01-09
JUDGE sLACK's EXCUSES.

Tie nine judges of the Superior Court
who insisted ou electing one of their young
est and least experienced brethren to the
Office Of Presiding Judge, in defiance Of the
wishes Of the people, are now engaged in
making excuses for their conduct. Judge
Slack, who is so new 70 the judicial station
that his seat has hardly got warmed, apollo
Gizes for his course by ayeTTing that the re-
election Of Judge Wallace, after his recent
scathing review Of the Bruner decision by
the Supreme ecu II, would have been an in
suit to that tribunal. Judge Stacks ex-
ueTience as a professor has evidently called
his mind from the position held by q mod
ern Judge. He evidently thinks he is liv-
ing in the times when a Judge represented
the Kings justice, was hedged with the
Kings divinity, and was so high and
mighty parsonage that it was high treason
to criticize him.
Judge Wallace did not, as Judge Slack
says, go cut Of his way to attack the
highest tribunal in the State" He merely.
in temperate and respectful language. gave
his reasons for adopting the course he had
taken. and showed that, only afew days pre-
yiously. the Supreme Court had sanctioned
that course. When the Supreme Court
saw III 10 IEheI6b lLSt4lt l6 81 DllELLeQ 10 Lllt
new ruling as became a good citizen; but
he owed it to the seventeen honest men
II no had faithfully worked for the public
as grand jurors for several weeks to ex-
ain the understanding of the law which
had led him TO put them to so much trouble.
If Judge Slack, in an honest Interpretation
Of tae law, had impaneled a Grand Jury to
assist him In administering Justice, and the
b,d - - 40
lie had erred In following their previous de-
cisions, and that what they had once de-
clared to be the law was the law no longer,
would be have contented himself with reg
istering their decree, without trying to set
himself straight with the jury and the pub
lie?
Judge Slack, will fDd as he grows older.
that at the present day Judges neither
WELD tie power nor claim the infallibility
which they did under the TudoTs and the
Stuarts. In this city, they are chosen from
second-class members Of the bar; frst-class
lawyers can seldom afford to accept Judge
ships They are nominated by c0nven-
tons which are controlled by political
bosses. Our Democratic Judges we're
created by Buckley; our Republican Judges
by Higgins in his lifetime, and latterly by
AIiilMlu5 ANU AGl1 hDu DULu SETS Ol
bosses were themselves controlled in their
selection by the great corporation which
relieves the public Of the duty Of self
government Is it not asking rather too
much Of the common citizen to require him
to pay revenue to the creations Of such a
system as this?
The bench Of which Judge Slack is q
member had a very simple question to de-
eide. The question was whether it was
best for the community to enable Judge
Wallace TO 20 on With the work Of investi-
CATION, or whether it was not. In COM
parson with this question private bargains
among the Judges about rotation in Office
cut no figure. Which was best for the
people, 10 let Wallace 90 on, or TO cut him
short? That was the only thing the SUI
perior Judges should have considered. If
they really felt that corruption ought to be
checked, bribery in Cfice prevented and
the ministers of Doodle punished, their
bounden duty was TO throw their private
dickers to the winds and to Ie-elect Wal
lace. Public opinion on the question was
unanimous; with the single exception Of
the man who offered Bledsoe of Humboldt
$1,000 to vote for him for Senator, every
editor in the State was clear that as no
AloA III NOuAN ACsulb liUUl TIC I6-tl6cbiOU OF
Wallace, while some good might, he ought
to have a chance Of working out his experi-
ment to the end. The Superior Judges
thought otherwise. and they have only
themselves to blame if the final result proves
damaging to some of them.
They have placed their brother Trout In
an unenyiable position. Thus far his repu-
tation has been good, aud so far as the pub
lie knows his integrity is without faint. 1t
is his misfortune that lie now figures as the
earthwork behind which the boodlers are
reforming their ranks; and his course will
re scrutinized with suspicion accordingly
II is already the talk in certain circles that
Trout owes his nomination and election to
the Crimmins-Kelly-De Young gang, and
the conclusion is not farfetched that he is
not placed at the head of the court to do
harm to his hackers.