The record-union., 1895-01-28

Is so necessary TO correct decision of the
cases; and, III many instances, on account
OF the amount of business on hand, causes
have been necessarily continued from
time to time, witnesses have been re-
quiped to be produced and reproduced,
the jurymen have sometimes been kept
in attendance for unreasonable and un-
necessary lengths of time, and the eX-
pense to the people at large, as well as to
individual litigants, has thus been un-
reasonably and unnecessarily increased.
| These delays, necesSltated as ABOVE stated,
by the large amount of the increased buSl-
ness In the courts, also result III post
| poning the settlement of property rights,
| and, in many instances, particularly
! where preliminary WrltS are issued, IN
unreasonaDly tying up the property OF
! those who are so unfortunate as TO be In
vOlyed in litigation.
70 illustrate the reasons which, in our
| judgment, necessitates the passage of the
! bill now before you, we respectfully call
| your attention to the increase OF business
since the year 1885, as shown by tabu-
| lated statement furnished to US by the
| Clerk OF said court.
From January l, 1885, to January l.,
1887, 7S4 suits were filed in said court;
! from that time till January, 1893, there
has been Il gradual increase in the num-
| Der of cases filed, and during the two
years commencing January l, 1898, and
ending January l., 1895, l,OOS suits were
! filed in said court.
In the probate department Of said court
there were filed between January l, 1888,
and January l, 1887, 26+ proceedings; be-
| tween January l, 1893, and January L,
! 1893, $50 probate proceedings were filed.
During the last ten years there has been
| an average of about Ito criminal cases per
! year, and during the said period there has
! been a total Of ali classes OF cases IN ootn
! departments of 6,729 which would make
an average Of 672.9 cases per annum for
| the two departments, or nearly one case
per day tor each of the Judges.
1t Will require no argument TO con-
vince your honorable bodies that no Two
! Judges. however able they may be, can
| properly hear and determine the mum Der
| of cases per annum, shown by the above
! enumeration, particularly, when 1t IS
! true, as in this county, that many of the
| cases are important and OF long duration,
and that, among others, there are many
State cases involving abstrUse and ultll-
| cuit questions OF constitutional law,
| brought here by reason OF the fact that
| the Capitol is located here and the archives
| OF the State are near at hand.
We think IL is false economy which
would deny 10 the people OF any conf
munity sufficient representation III any
| OF the departments OF the Government to
adequately protect and enforce their
| rights. Eacn individual, in our judg-
| ment, is entitled To u just and speedy de-
| termination OF every controversy which
| may arise with reference TO hiS property,
| his life or his liberty. " nile IL Is true
! that the establishment of another depart
! ment OF our superior Court would entail
| some expense which would have 20 be
borne rataDly by the people at large, it IS
also true, as Will be readily seen, that 4
refusal TO provide such department Will
cast mucn larger expense upon ltigantS
by reason of necessary pOstpOnenentS
and delays, which Will nave 10 be borne
by them individually. y case may
! easily be conceived In which a writ OF IN
! junction. or an attachment has been IS
sued, where delay in the administration
! OF justice might produce more damage
| upon one OF our citizens than the expense
| Tor one year OF all the machinery neces-
! sary to carry on the additional depart
ment OF the superior Court.
1t is true that, by unremitting activity
! and labor, the Judges OF our courts nave
succeeded IN doing the most of the work
! required OF them; but, in many instances,
! their success has been due to an inOrdi-
nate amount OF labor performed during
| the nighttime as well as the day. The
| fact that they have accom- Dlished so much,
| however can be attributed only to their
! exalted ability ana to an ambition to the
! induced them to perform more labor than
! justice to themselves would long permit
! The limited time, however, which they
| have been able TO give to the cousidera-
| tiOn OF each case could not have been sat-
| isiactOry to themselves, for, as is well
known, the proper administration of JUS
| tice requires that to each case of any i'm
| portance there should be devoted some
time and considerable research.
In this connection IL must be remen-
| bered, also, that Sacramento County has
now the same number OF judges origin
! ally given 1t by the Constitution of 1879.
and although other counties, similarly
situated and having no more business
! than 1t, and not equal 10 it in population,
have, from time To time, had their needs
| recognized by the Legislature and provi-
! sion made for additional Judges, Sacra-
mento County has failed thus far to re-
| celve proper recognition in this respect,
/ and is obliged to transact all of its Dusi-
| ness with The number OF Judges origin
| ally provided for it. Since the adoption
| of the new Constitution our population
has Increased from $4,000 to $4,000, and
| our courts have been called upon to
! transact cOrrespOndingly increased
amount OF work; particularly is this true
as regards criminal cases, which average
f! now llU per year, as will be seen from
the foregoing tabulatiOn. The trial OF
lll6S6 cases dIOIle necessarily requires the
| greater part OF one Judges entire time.
These criminal cases, according to the
! provisions OF the law, must be disposed
OF with the utmost possible dispatch, the
law providing that they shall have pre-
cedence over all other cases.
| The foregoing are some of the reasons
! which suggest themselves to US as
! rendering The establishment of a new de-
! partment Of our Superior Court an alb
solute necessity, and we respectfully IN
/ sisC that they ought TO be conclusive OF
! the matter.
FURTHER ACTION OF THE BAR.
/ The memorial was signed by all the at
| torneys present, and \. NJ. Seymour.
| William NJ. Sims and c. y. Elliott we're
appointed a committee to present il to
those members OF the bar who were not
present for their signatures.
! On motion OF Robert L. Devlin. the
| committee that drew up the resolution
concerning Judge Catlin was directed TO
| have the resolution eugrossed and pre-
| Sented TO Judge CatIin, and 10 move the
| court 10 order the resolution inserted in
| the minutes.
a BAR ASSOCIATION
Albert NJ. Johnson said that as there
! were large attendance of the memb hers
| OF the bar present he thought the time
| opportnne TO take steps TO organize bar
! asSocldt!Ou. he moved tnaL a committee
! OF i've be appointed to formulate a plan
for permanent organization. The motion
was carried, and the Chair announced
that g would appoint the committee dur
! ing the coming week.
| The meeting then adjourned until
next Saturday afternoon, at O'Clock, to
| hear the report of The committee.
/
| Who Knows Patrick sheeraus
Any one knowing anything of the
Whereabouts of Patrick Sheeran, who