The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-02-21
THE JUDICIAL DEPARTMENT.

Interesting Talks Before the Joint
Committees Last Night.
A joint meeting of the Senate Judiciary
Committee and the Committee on Con-
stitutional Amendments was held lasE
night for the purpose of hearing argu-
ments upon the constitutional amend
ments proposing a reconstruction OF the
Judiciary department of the State.
The first speaker was Judge w. B.
Treadweii of san Francisco. Eeadmiyted
that there was defect in the present sys.I
tenn, which probably should be remedied
but the Legislature should go no further
If radical changes were absolutely neces-I
sary, they should be made by constituI
IIonal convention and not by a conSJitu-1
tional amendment. The main point irl
question. he assumed, was the inability
of the Supreme Court to attend to tho
vast amount of business that comes be-!
fore II. This, then, was the point on
which the Legislature should take issue.
a ii with none other. Each of the pros
jsed amendments made provisions fol.
J. ,e formation OF three courts of appellate
Jurisdiction, virtually making four sepa-S
rate and distinct heads to the judiciary
department in the State.
lie did not approve either of the two
amendments before the committee. H,s
believed that the fewer number of judge,
had the better the results.
Instead of the unWieldlv system offered
by the amendments, he had formulated :,
plan by which the business might readilyr
be done without the appointment of thu
three several appellate courts, and which
would require no constitutional amend
lnent whatever. His plan provided for 4
Court OF Appeals, to consist of threa
members, whose decision shall be final,
and who shall have exclusive iurisdic-
Ill II
and in all civil cases where the amount
involved does not exceed $500. The plan
he believed, would obviate the necessity
of the appellate courts, and working Ill
harmony with the Supreme Court, tn
work might easily be done.
Judge John a. Wright of San Franz
cisco took the floor and said that the
American people were the only people in
the world who did not rely upon their
courts for a settlement of their disputes
but took the matter into their own hands.
Nor was 1t strange if we understand that
there are thousands OF criminals, Oh
alleged criminals, crowding our jails
awaiting trial, which our courts have not
capacity TO dispose Of What was needed
he thought, was more speedy system o.
justice, and asked the question why
justice should not be more speedy than il
Is at present.
Senator Wilmington volunteered the re.
ply that the people did not wish it so.
Judge Wright did not understand what
the Senator meant, and said so.
Senator W Ellington explained that he
beIleVed the people preferred the present
dllatory system, with the opportunity il
presented for reflection, TO more speed y
system which might work many hard
ships upon innocent persons.
Judge Wright had never heard the
argument advanced before, and thought
the people did not believe in the present
dilaIory system. The ideal judicial sys.
tenn, he thought, would be one sdch as
that maintained in England, where the
Judiciary is chosen directly by the law
yers. The courts should be entirely
eliminated from politics.
The speaker then took up the constitu-
tional amendment drawn by himself and
introduced by Senator Aram. and ex.
planned it to the committee, section by
section. Section of the amendment
the speaker said, tended to make oul
Judges, Judges in fact, instead OF essay,
lists, which they now were. 1t required
each Judge TO give his opinion to the It'll
giants personally, instead of writing ar
essay too voIumlnous TO read, let alone tC
understand, and requires him to give
that opinion upon the point III question
only.
The speaker stated that an agreement
had been arranged between himself anC
Judge Taylor, the author of the amend
ment introduced by Senator Ford, b,
which they had combined the two meas
ures satisfactory TO all concerned, as tn
two amendments were, from the first
decidedly similar.
the committee took the matter unde
advisement.