The record-union., 1895-02-15
SUPERIOR JUDGE.
Why Sacramento Should
Have Another.
Members Of the Bar Express
Views On The Subject.
Decided Opposition to the Proposition
to Use Foreign Judges.
Il Would be Even More Expensive Than
to Pay the Salary Of a Resident
Jurist-Srong Expressions.

A number of the lawyers of the city
were sounded by RECoRD-UNION report
ers yesterday as to their views on Assem-
bly, Constitutional Amendment No. :,
relating to the judicial system of the
State. This bill, or amendment, provides
for having the Superior Courts conducted
by rowing Judges on the old circuit or dis
trict system. In the same connection the
lawyers We're asked to express their sem
timents on the proposition to have a
third Superior Judge for this county.
Several prominent mem bers of the bar
were out of the city, and others were
busily engaged in the courts. The re-
suit of these interviews show a unani-
NOUS sentiment against the proposed
amendment, and in favor of the third
Judge bill.
CONTRADICTORY AND ABSURD.
Superior Judge Catlin, being asked to
give his views on the novel measure that
proposes 10 upset the States Judicial sys-
tenn, said:
Section of Article VI, which it is
not proposed TO change, provides that, A
Judge OF any Superior Court may hold
superior Court IN any county, at the re-
quest of a Judge OF the Superior Court
thereof, and upon the request Of the Gov
eruOr IL shall be his duty so to do
The proposed amendment contains
two distinct anu separate propositions of
an opposite character, anu in direct con-
nlct with each other. The first provides
slow, cumbersome. unnecessary and
very expensive method for the simple
and economical one already provided by
the Constitution As II now Is.
''lln other DFDn0SeS 10 CENTRALLY Oyar-
throw the nrst, as well as the two sec
tons, : and 5. as they now stand, and re-
turn to the old district system, which
prevailed under the old Constitution. Ii
provides for the division of the State into
judicial districts. embracing Two or more
counties or cities and counties with pro-
vision for the organization OF the courts
OF the respective counties, or cities and
counties comprising such districts, by
the election OF presiding Judge OF each
district; such presiding Judge to assign
the respective Judges IN each district TO
the respective courts other than that TO
which they were elected or appUln ted, as
the requirements of the respective couu-
lies or cities and counties may dictate.
Perhaps the most remarkable feature
of this proposed change is that which
transfers the Judges from the counties
which elected them 10 hold court ia other
counties; or, As Il Is expressed in rather
clumsy phrase: 40 the respective cggsufy
other ,baDl t#ut 10 Each they lgege elected
or UUUaHrga.'
1T IS believed to be sound principle
OF the Constitution that the people snail
have the privilege OF eleCung their own
Judges: but under TINS provision the
privilege Is entirely taken away. 1t is
true they may elect them, but they shall
not have them alter eleCung them The
poor qualification Ia the words, AS the
requirements Of the respective counties
or cities and counties may dictate is no
restriction at als The presiding Judge OF
the district would OF course DE the one
who would dictate There would be As
many judicial auJocrats as there were
judicial districts.
"U nder the Old Constitution there were
in 1879 twenty-three judicial districts
san Francisco alone constituted, IN whole
or IN part, i've OF those districts. There
are now eIghty-Bye Superior Judges in
the state. san Francisco has twelve, Los
Angeles six, Alameda four, san Diego
three, Fresno three, and Sacramento, san
joaquin, santa Clara, Iulare, san Ber-
nardino anu SUnoma each two. Zach OF
the other counties has one. Forty OF the
Judges get $1,000 per year, four get -, 5J9,
forty get 5000, ana one gels S-.UUJ.
This amendment proposes an euuali-
zatiun of the laoOrs OF the Judges aud
official equality IN ali other respects
Their salaries consequently must be
equal. Consequently there Will result an
annual increase IN the cost OF salaries OF
5000.
The additional expense for courtroom
accommodations, travelling expenses,
bal5itfs and clerks, together with trans
poriatIon OF records anu papers, Il would
not be easy 10 estimate Is il would ue
difficult 10 place limit upon II. Ii is
safe 10 say, Lowever,t that il could no. be
less than $4,000 per anaum, and would
probably bo much more.
The inconvenience of the system to
the Judges ana 10 liugauS and others
having Judicial business would ba simply
iutOleraple.
THE present system works we'll, and
should rot ge subjected 10 any radICa.
change, nor 10 suCu tipheriug Is tins
amendment proposes,
III experience shows that IN any
county the judicial force Is insufficient
Tor the business, II Is easilyf reunealei, as
il has been in the past, by the simple ad-
GIIion OF another Judge"
JUpGE JoHNSuN'S VIEWS.
~ am IN favor Of the bin creating an
other Judge III this county, said SUne-
rior Judge Johnson yesterday. because
st frequent Intervals the calendars OF
both departments OF the court get over
crowded, which are made so ly the ran
idly increasing litigation There surely
is business enough Tor another judge
EX-JUSrICE DEvINE.
Fx-City Justice James 8. Devine- ~
am IN favor OF the third Judge PROPOSE
ton because l have observed THAT. IRON,
time 10 tune, delays occur in important
cases growing out Ot the fact that Tue cal
endars are oveTburdsQel.'
{. L. Gardiner agreed IN every respect
with Judge Devlne's views.
DON'T WANT FOREIGN JUDGES.
Clinton l. White-''I am also IN favor of
tbete being three Judges in tins county.
because the demands of lItigauls anu
other legal matters require The services of
another department, which VIII make the
work o. The present judges less burden
some, apd which VIII tend 10 better re-
suits generally.
Foreisp Judges are not satisfactory TO
nugants, 10 want their legal affairs
passed upon by = Judge familiar With the
circumstances, consistently 50, Win mat
tiers which may come before him.
hiram W. Johnson expressed his ap-
proy2I also OF tie measure now before
Tie Legislature 10 provide another Judge
for this co0uty.
a SAVING ALI ROUND.
". n. Sius-"I am in favor Of there