The record-union., 1895-03-23
REASON PREVAILING AT LAST.

For several weeks prior TO the ADJOURN
ment of the Legislature the RECORD
UNION called attention, day after day, to
the infamous Philbrook bill. We
pointed out how it would demoralize the
courts and place citizens having business
in them at the mercy of conscienceless
men and scoundrels. We exerted our
selves to awaken attention concerning
this bad measure, and to show that the
bill was inimical to human liberty, and
tended to break down the chief safe
guards OF freedom,
Despite the presentation Of the facts of
the case, the press generally was either
silent or openly pronounced in favor of
the bill. The daily papers of the me-
tropolis were especially friendly to it,
and even went so far as to urge its adop-
ton. The bill passed, and is now in the
hands Of the Governor. We have con-
fidence that he will give it its death
blow. He cannot afford to stab the
courts of the land by giving approval to
oN A0N 0NOAuhiOAhIy auO dangerous u0aS-
ure
Now comes one of the leading papers Of
San Francisco, after the bill has passed
and Governors veto alone can prevent
it becoming law, and awakens to the
enormity of the measure It says,
though it knew all about the bill weeks
before its passage:
AN Act has succeeded in passing both
branches of the Legislature and is now in
the hands of the Governor which pro-
Yides that no person shall be deprived of
the right to practice as attorney or coun-
selOr in any court of this State because of
words spoken or written by him in the
argument of any cause pending in any
court, unless for such words he shall
have been tried by jury and convicted of
criminal libel pursuant to the provisions
OF the Penal Code of the State of Califor-
nis.' i is known as the 'Philbrook bill,
because that is the name of its reputed
author, and also because it provides for
his restoration to the list of licensed at
torneys, despite his recent disbarment by
the Supreme Court,
without any reference whatever to
the authorship of the bill or to the clause
which would remove its authors dis
abilities, it is evidently a blunder OF
legislation in its present form. The glar-
ing and gaping defect in the measure is
this: That it forbids the disbarment OF
an attorney for any words whatever
spoken in court 1t will be noticed that
it is only after trial and conviction OF
criminal libel that an attorney, by the
provisions of this bill, can be disbarred.
But there is no such thing ss a trial or a
conviction for spoken a0ords, for the rea-
son that such words are not libel at all,
but are merely slander, and slander.
however atrocious, has not been made q
crime. 1t will be seen at once that this
defect ls an-sutficient to work the undo.
ing of the Philbrook bill"
The amazing thing about it is that none
OF the press, save that of this city, pointed
out these evils and dangers before the
bill passed. The RECORD UNION and it.
local contemporaries really stood alone il
protest against the measure. They alone
directed attention to the fact that an es
sential to the integrity OF the courts is the
power to discipline the officers of tn,
court, and to preserve respect for its de-
crees by the exercise of the power to pun
ish for contempt.
The RECORD UNION day after day called
attention to the fact now dawning on tht
press of San Francisco that on the very
face of it the bill was contradiction be-
cause it requires that for words spoken
in court. as well as written, one shall no
be disciplined until convicted of crimi
nal libel, when in fact no one can be tried
and convicted of criminal libel for speak
ing. Nevertheless the Judiciary Com
mlttees of both houses approved the bill
We suspected then, as we do now, that i
was done with full knowledge of its evil
ana with view to having the bill pass
trusting to the Governor toysto it "a th,