The record-union., 1895-02-04

publish Snort letters from correspondents on
topics OF interest to the general publc. The
matter in these communications Will be un-
derStood to represent only the views of the
writers. All communications must be accom-
panied by the name OF the writer, not for
publication unless SO desired, buJaS a guaran-
tee OF good faith.-EDS.
The Third Judge.
EDS. RECORD UNION: In less than
week, without cost, the signatures OF 6S4
taxpayers Of Sacramento County have
been obtained to a statement that the
Legislature should not now present us
with a third Judge and more clerks, with
the probable consequence OF large bill
for a new Courthouse. The number of
signatures can easily be increased to
larger total.
1t now seems as if all of the seventy
lawyers of the Sacramento bar had
knowledge OF the alleged necessity for
this large and perpetual burden before
the last election, and in that campaign
many Of them took part.
For some reason the public was not
take iuto their confidence. The taXpay-
ers think they should be consulted in
such matters, but The attorneys appar-
entity did not wish 10 try this case in that
court. The voters may have lost forever
any jurisdiction over this matter, and
may take steps to prevent any future
eVaSionS.
1t is good politics to maintain now that
this subject should be withdrawn from
the Legislature and laid before The people
at the next election for an expression Of
opinion.
The necessity for third Judge has not
been demonstrated to the taxpayers.
That there are. delays and defects in the
administration OF justice is widely and
sorrowiully admitted. One well-known
fact is an Illustration of the situation.
We have 10000 voters and half OF them
own pistols and weapons for their indi-
vidual protection. They are not afraid Of
each other so much as Of the villains who
escape the just penalties of the law, and
yet the law preScribes that a man shall
seldom defend himself. 1t promises that
1t will protect all and punish the guilty.
These voters are drafted into juries aud
trained to become assistants in the art Of
"nOW not to do it," The law allows
them and the presiding Judge as few
chances to struggle for the good of the
country as the minority have at ward
meeting.
Innocent men are willing to trust their
trials to either Judge Catlin or Judge
Johnson without a jury, but for the
wicked is established the rule that hun
dred innocent men snail suffer before
one guilty man is convicted. The real
trouble seems to rest in the present status
OF the bar and, as a consequence, of the
bench.
There are enough courts and enough
Judges and enough laws and enough
lawyers to accomplish better results. We
need some things which have been found
essential in other civilized nations.
For instance, III France the accused is
thoroughly examined by the Judge in
private before he is allowed to have a
lawyer or go to trial. The Judge is di-
rected to convict the guilty and protect
the innocent. We have copied the Eng
lish system, but have not taken one of
their best provisions IN their higher
courts the barristeTs only are allowed to
address the Judge. The barristers are a
small fraction of the legal profession, and
from their ranks all the Judges are
taken. AS barristers, they are not al
lowed to take contingent fees nor, indeed,
TO sue tor unpaid fees. They assist the
court in upholdiug the majesty and
purity of the law.
In this country, III criminal cases, there
IS but one lawyer for the people, and the
rest are all available as champions under
pay for the man who has openly, or
otherwise, offended the peace and dig
nifty OF the commonwealth.
The result Of this system is that more
arenas are wanted where gladiators can
work. Is not the time almost come for
rebellion of the people against this class
who are privileged to dangerous ex-
tent?
The world is moving faster than it did
fifty years ago. Unnecessary obstacles
are being removed. Prominent above
all the signs of the times is the one great
fact that the number of ''middiemen" is
being decreased, and their standard is
being raised. Merchants, bankers and
lawyers are middlemen. Fewer of each
are needed, and the survivors will be
those of the best
Charity begins at home, but reforms
should begin there also.
Recently before the Judiciary Commit
tee OF the Legislature it was composed of
lawyers who are temporarily Oh duty as
lawmakers, appeared many members OF
the Sacramento Bar to ask tor the third
Judge.
Among them were several candidates
FOR the position, and one Judge. whose
laUors would be lessened. All the mem
bers Of the bar, save one, signed Tor the
bill, and think probably thac laymen
have no reason in opposing the DII.
Inc attorneys appeared without the
support OF their clients and the clients
without the support OF their attorneys.
u. ABE.