The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-23
SENATE BILL 762.

There were published in our local col
umns few days ago certain interviews
upon the origin and objects of Senate bill
762, which might be construed into strict
ures upon the measure and might seem to
indicate that we were arrayed with the in
terviewed against its approval by the Gov
ernor. The contrary, however, is the fact.
Senate bill 1852 is a meritorious measure,
whatever may have been its origin, and
should receive the Governors sanction and
become law.
1t may be inquired, What is Senate bill
1852, and to what subject does it refer? 1t
is bill providing that appeals to the Su-
preme Court, which are either without
merit or are taken by one having no real
interest in the subject-matter of the
action, must be dismissed by the court if
upon hearing after ten days notice to the
appellant such appears to be the truth. 1t
is argued against this measure that it has
been urged to passage by the adherents of
Florence Blythe and for the special pur-
pose of putting an end to that celebrated
and longdrawn-out litigation. If the bill
had no merit otherwise, or if it were an
injury to the public interest to end that
t1lC ODIcCI1Ou pOtCub'
Neither of these things, however, is true.
The bill, on the contrary, is general in its
scope and effect, and if perchance its
especial object and potency may be to
terminate the Blythe case it is well that it
is so.
To consider these points in the inverse
order of their statement, we affirm that it
is directly and positively matter of public
interest to have the Blythe case ended
speedily and finally and at the earliest date
which it can be made legal SO to do.
Here is a vast estate, possessing large
and valuable properties in San Francisco
and in other sections of California. 1t has
been in the meshes of the law for more
than decade, during which time it has
been impossible to improve or to dispose
of it as such properties should be disposed
of or improved. 1t is to the interest of
every part of California and of San Fran
cisco in particular, to have the right of
unhampered by the courts as the law can
make possible in justice to the perfection
of titles and the rights of heirs.
Every spear of wheat in the Blythe case
has been threshed over and over again BY
the courts of this State until there is
nothing left in the mill of litigation but
the veriest chaff. The code ought not to
encourage the creation of new presidents
for Jarndyce VS.. Jarndyce, and if this bill
shows the way to the Supreme Court to
put an end to this sort of litigation it is a
good measure, no matter who conceived it
or procured its passage through the Legis-
lature. 1t is a practical truth that almost
every new law has behind its preparation
and passage some individual motive and
insistence. This being so, the measure
should be judged as to its merits, not by
the special aim and end of its promoters,
but by the benefits of its general and per-
manent result.
This bill so considered cannot fail to
secure the approval of honest and dis
interested minds. It's immediate effect
would be to rid the calendar of the
Supreme Court of it's burden of frivolous
and meritless appeals. Its ultimate utility
would be to greatly lessen the number
of such appeals thereafter to be taken
and thus leave more of leisure to our court
of last resort to consider fully and to
decide quickly the meritorious causes. In
other words, this bill is calculated to re-
move little of the lead which retards the
heel of justice in California, and to that
extent will relieve our judicial system of
the reproach which has been too fire.
quently pointed with reason at the laws
delays.