The record-union., 1894-12-13

IN fact pure In addition to the fact, there
must exist the fullest confidence in their
purity. 1t is not enough for Judges TO be in
iact strong enough TO resist temptation. They
must not allow themselves 10 he tempted.
Examine carefully and thoroughly the secret
transaction OF September q, 1890. 1t is with
out an e&tenuating circumstance. You have
before you mere the proof OF what its contriV-
ers ana users think of courts of justice and Of
Judges. You behold their evil and most con-
temptuous confidence.
Iney rely solely upon the corrupting force
Oh Iae1r corrupt contrivance, the secret trans
acuon OF September q, 1890. and solely upon
Ihat reliance they have been ever since SEP
tenDer ., 1890, and still are, as confident of
nnal judgment for the Newmans as if they
already had IL locked up at home And is it
not probable then that many others think
with him that the courts may be corrupted
the Judgment OF Judges perverted, and that
others still more numerous suspect it?
But II this secret transaction Of september
., 1890, IS not declared illegal and void upon
the rules and principles declared in Egerton
VS. Earl Brownlow, then all TO whom knowl-
edge OF the case shall come Will no longer
merely suspect or even think that the courts
may be corrupted; they will know it; they
II ay point to the decision here OF full proof of
1t, for it will be established that such practices
are permissible; and if permissible, they are
sure to have effect.
But there are other passages in this re-
markable brief equally as insulting, con-
temptuous and indecent. Throughout
the brief bristles with quotations from
Shakespeare, Cicero and the poets, and
with satirical, contemptuous and vulgar
sneers framed as threats and clearly in
tended to cow and browbeat the court
Some of these passages we quote, making
no apology for the length, since the case
nf Gnnh SnrnoSGir1r hot
justifies full exploitation:
And let this, too, be borne in mind by every
Justice who takes part in the decision. You
We're not, any more than l, either directly or
indirectly a ty TO the secret transaction of
september ., 1880. 1t will never be
in any, even the slightest, degree your act
your chIld, nor will you ever in even the
sliShJest degree be responsible for it, unless
you adopt IL as your own. Though it is q lure
prepared 10 be held out 10 you as a lure, and
now held out to you as a lure, it touches you
not unless you acceptit.
Again, suppose that Ralph c. Harrison Mil
Ton >. Elsnef, william j. Newman, benjamin
Newman and ). W. Raveley had deposited
the means with reliable stakeholders-with
William j. Newman, BENJAMIN Newman
Reinstein Eisner and L. Il. TAYLOR as stake
hoIders-to be devoted to bestowIng some
great qualification upon every Justice OF this
court who should adjudge this case in favor of
the NeWmanS, ana should announce the fact
IN the transcript on appeal, would you endure
y
A bribe is still bribe however it is cum
nlnSly Sugar-coated. For, would it not be a
great gratlfication To the mind of every JUS
Jlce VINO sits IN this case to have such judg-
ment pronounced as would declare Ralph C.
Harrison, Associate Justice OF the same court
with himself, his daily close associate in the
discharge OF Il public trust of the most sacred
character, his Intimate personal friend, guilt
less of fraud?
In the court below the secret transaction of
al AN frl- fr,II
tended effect, and the Judgment there might
well have been expected as doubtless ii was
expected, to be final. Rarely, indeed could
the defenseless and the oppressed be expected
10 have the courage or the means, or TO find
an advocate, to appeal from such "a judgment
in such case. II, now, in the Supreme Court
OF the Stale OF California, the secret transac-
ton Of September 6, 1880. is not to be pro-
nounced illegal and void upon the principles
OF law and justice, declared and enforced in
Egertoa VS.. Earl BrownloW. supra, fit is not to
be wiped out utterly rootand branch, and with
such emphasis as TO remove with il its eNhala-
ton of poison, in some such manner as to be
q warning against ike practice in future, and
TO the defenSeleSS and oppressed a protection
in the future against wicked and impudent
audacity and insolence and it must not be
expected that the cOntriyerS and users of the
secret transaction OF September 6, 1890, have
got the start of the ma ieStic world. and are to
bear the palm alone. Others Will elbow them
in their own field.
The same bribe is also expressed by them
the opposing side in its brief at folio GIG, in
its outcry: "It is in Judge Harrison's hand
writing" The same bribe is also thrust for
ward in the witness clauses of the secret pa
perS sin the presence of Raj phi c. Harrison" :"
The cunning bribe is of such sort that it is
10 remain bribe even If Ralph c. Harrison
should retire from his high office.