The morning call., 1892-12-24
ARE THEY NEEDED?
rlore Superior Judges to Be
Asked For.
MANY OPINIONS EXPRESSED.
The Judges Disagree About the Neces-
sity, but the Attorneys Want
Them Appointed.

IN -lesal ana legislative circles during the
past few days to the effect that an effort
would be made at the forthcoming session
OF the SiRte Legislature to have an act
passed increasing tie number of Superior
Court Judges in this and other counties.
Ii was stated that Alameda County
wanted two additional Judges, as her eaIen-
dar had become so congested with the long,
dTawH-out waterfront suits that it would
be impossible with the present number of
judges, which is three, TO ever appr zach a
clearance. and that by reason of the present
state of affairs the calendar must naturally
fall behind even worse unless relief was
afforded.
San Francisco, it was contended, abso-
lUtely needed. some said three and others
six, new Judges, and the need was so press
Ing that unless prompt relief was afforded
the matters would get worse instead of bet
ter.
Upon inquiry among the Judges and
attorneys a considerable difference OF opin-
Ion was found, and one Judge thought the
whole work could well be done by ten instead
OF twelve Judges and litigants need suffer no
DELAY
Judge Eugene r. CARRIER of Department 1
said he could attend TO all the cases that
had been sent 10 his court and that there
as no delay or annoyance to the parties
appearing before him.
Judge CARRIER, by the way, is to be the
new presiding Judge as matters are arranged
now.
Judge Charles W. Slack Of Department
said the business of the courts was in
ereasing very fast, and the twelve Judges
who ATE now on the bench are not diSposing
Of It as fast az Ii arises.
When the present system of judiciary
went In to effect two criminal courts were
amply sufficient, but now three courts are
needed, and some cases run on into a fourth
court. interfering with the ordinary bust
ness of that court.
The civil jury cases are much behind.
ana the calendars show in at least one court.
where tile Judge is as Woodworking a man
as sits on the bench, that the Jury cases
which are announced as ready would alone
take up the entire time of the court for
more than the whole of the coming year
This Judge is not alone. but two other
calendars are IN almost as congested a con-
dlIion. There should be at least four de-
partnents for civil jury cases.
Ii any plan could be devised to keep the
courts constantly busy there would be no
need TO increase the departments but nm
fortunately il q number of cases have been
set Tor certain day when that day comes
the first case may look as if il would last
all day and a continuance is asked for.
The second case may want the Same
course pursued because one of the attorneJs
Is actually engaged IN another court. When
the third and fourth cases are called the
attorneys Will have argued that as the two
nrst cases were each sufficient TO last at
least one day they will not have their wit
DesseS there, and the consequence Is that
nothing is accomplished that day.
Now Los Angeles County, which has less
than fourth OF the law business that San
Francisco has. is allowed six Judges so
that II is easily seen the judges here have
much more work piled on them.
There should be at least two more DEPART
ments here. This city has twelve good
Judges, as good as any in the State, but
they cannot now keep up with the business,
aud the accumulation is constantly inereas-
ing instead of diminishing.
Judge John Hunt Jr. of Department s,
when asked If any necessity existed for an
Increase N the number of Judges of the
Superior Court, said:
No, if we ali do our duty we can get
along win the work quite we'll. Twelve is
enough"
Judge Austin A. Sanderson said no in
crease was necessary if the work was prop
erly distributed, but there was a necessity
for more departments in which civil jury
! cases could be heard If any change AT all
was necessary it should be in the direction
Of an increase Of the salaries.
For his own part he got on with his work
we'll. though he had something like seventy
OF eighty jury cases waiting on his calendar
TO be heard, but these could be disposed of
by a Encouragement of the courts if all the
Judges would work earnestly and faithfully.
EsJudge J. Y. Coffey of Department was
emphaiicaliy of the opinion that no neces-
sity for an increase existed.
Rather, he thought the number might
we'll be reduced TO ten, and the public
would not suffer if the members of The
bench and bar would both DO their full
duty.
Judge James NJ Trout of Department II
an6 the Presiding Judge of the courts was
very emphatic as 70 the need of an increase
10 view Of the large amount OF litigation now
on the calendars and the constant increase
in The work to be performed.
1t was absolutely necessary that there
should be at least three courts exclusively
employed in hearing criminal cases. four for
non-juTy civil cases, two for probate, one
for insolvency and five for equity cases.
For himself he was willing 10 hold court
every day, Including Saturday, but it must
be borne in mind that 1t was terrible
strain on man 10 he kept in the court.
rooms, there so constantly breathing sthe
noisOme atmosphere.
Judge d. ]. Murphy Of Department u
said lie had been entirely employed during
the eight years Of his term in hearing GRIM
mai eases and could, therefore, not be In a
position to say what the necessities of the
civil courts were and must be excused from
answering.
After the first Of the year be would, how
ever. be transferred TO a civil court and
would then be in position TO know some
thing about the matter.
However, The criminal courts were now
crowded and during the winter season this
crowdiDg would increase. as all the roughs
and toughs come to the city 10 pass the
winter and the criminal courts always had
during that season more than they could
Iegitim8Iely attend to and do it properly.
w. III. II. Hart. the Attorney General said
at least three departments were needed for
criminal business, three for civil Jury trials
one for special proceeding, two for probate
business, including contests in probate pro-
ceedings, and at least six for the trial OF
civil cases where there were no juries i'm
paneled.
This would make an increase of three
courts, and then In order to keep up each
department would be worked harder than
any other courts in the State.
Some practitioners with whom he had
talked in the city bad stated that they con-
sidered that nine courts for the hearing of
Don-lury cases were absolutely needed. but
he thought they might well get along with
six.
1t must be borne ia mind that delay In
hearing a case was bad both for plaintiff and
defendant, and in many cases meant ruin
to them.
1t was far better even to have some of the
Judges loa6ng part of their time than to
have the work OF the courts delayed by in
J0diciOus economy.
William s. Barnes District Attorney, was
equally certain that the time had come
when the number of departments should be
lucIedSeus anu H6 tuougDI tndt III was essen
tial to the proper performance of the work
that there should be at least fourteen de-
partments instead of twelve.
lie was compelled by law to bring every
man charged with felony to trial within
sixty days, Of which ten days was allowed
the reporter of the Police Court In which to
make up bis record of the proceedings.
This only left him fifty days for each
case. and the average mum Der of defendants
awaiting trial In the County Jail was from
ninety 10 hundred, and 1t had beeu during
his term as high as 49,
with the limited number Of courts before
which he could carry his cases il was prac-