The record-union., 1895-02-15

having Lnelr cases heard speedily, and at
certain liked time, thus saving expense
OF contlnuanceS; that the Judges will
nave more time for the consideration of
cases submitted to them. and that a large
saving Will be made to the taxpayers in
the trial of criminal cases."
J. c. BRUsIE.
~ on ask for statement of my posi-
ton on the third Judge bill When the
question first came up l at once SET about
making inquiries, in order that my ac
ton upon it would be in strict accord
with the sentiment of the people,
II have no hesitancy in saying that I
am entirely justified in my support of
the measure through an Endorsement OF
| 1t by the taxpayers and voters throug h.
out the county.
$50 far as my personal knowledge
| goes there is absolutely no doubt in my
mind as TO the necessity of il looking at
the situation from an economic stand
point. Let anyone who opposes the bill
have occasion to ride twenty or thirty
miles, bring all OF his witnesses, and
then on three or four occasions be COM
PEELED to come again by reason of the in
| ability TO dispose of other cases, and he
viii have no objection to the measure on
the ground Of extravaganza.
The necessity now prevailing of dis
missing jurors from day TO day costs the
county more every year than would the
extra Judge.
The conditions prevailing and not the
Judges oil our courts are TO blame for the
OVer-crOWded state of our calendars.
They work faithfully, diligently, and
with dispatch.
flights OF men and property are often
| Imperfect through delay, and with the
present condition Of our civil procedure,
which seems designed with the express
purpose OF granting cOntinuances, to-
} fF- n I'D
| worked Judges, mans grandchildren
| Will hardly survive the commencement
OF an action Tor the enforcement of a
right
Nv hlle, from my own experience, l am
conscious OF the necessity, | would not
support the bill did not believe my ac-
| ton justified by opinions expressed
throughout the county,"
HOME JUDGES, ALWAYS.
81 am opposed to the amendment to
Section I OF Article VI. Of the ConstItu-
ton, introduced by Mr.. Hatfield, and
among others, for the following reasons"
said \. NJ. seymour:
''tirSt-It Is absolutely necessary that
| there should at all times be present in a
county superior Judge. The law pro-
vldes for the appointment in each county
OF a Court Commissioner, who is vested
| with certain judicial powers, but there are
certain powers which are denied him.
! lie may not grant an Injunction, nor
make an order appointing d receiver, nor
order writ OF habeaS corpus 10 Issue,
nor hear and determine the same. 1t is
apparent at once thar III the absence Of
a Judge vested with power in these mat
tiers, great injury may result.
'SGCOnu--1ne rule that where there is
substantial conflict in the evidence a
finding OF a Superior Court will not be
disturbed OF set aside has been carried
TO such an extreme by our Supreme
Court that lawyers realize that il is al
most useless TO appeal on the ground of
, the lnsuiucIency OF the evidence to sus-
tain. a Iluulng whore there is any evidence
at all IN support OF IL.
Our Judges. in order to determine the
weight 10 be given to the testimony of
witnesses, should be acquainted with the
witnesses. OF course, in jury cases this
reason does not apply, but many import
ant cases are tried by the court without
jury, and the court Is then the sole Judge
OF both the facts and the law.
"IhIrd-AI who are acquainted with
the condition OF affairs in this county
realize that q third Judgeship is an i'm
perative necessity, and the demand there
for Will continually grow more urgent.
Even II the proposed amendment to the
Constitution should receive the approval
Of the present Legislature, il must be
submitted 10 the people, and the relief so
urgently demanded in this county cannot
be obtained, under Mr.. HatheId's amend
ment. inside OF two years.
Fourth - one argument advanced
against the creation OF third Judgeship
in this county is the additional expense
which Il Will entail upon the county at
large. The amendment proposed by Mr..
Hatfield provides Tor the creation
OF one or more additional depart
ments OF the Superior Court OF this
tna al
be as great as II a permanent Judge
ship were created. BESIDES the whole
tenor OF the proposed constitutional
amendment IS TO eqU&llZe the quantity Of
work 10 be done by the Superior
Judges OF the State. About twenty-five
Judges III the state are now receiving
salaries OF 5000 per year, and the others
receive $1,000 per annum, with the ex-
CepIOn OF Judge OF one county, who
receives salary Of $1,000. II the work
OF the superior Judges be equaliZed
those receiving $1,000 VIII very justly de-
mand increased compensation. 4 salary
OF $1,000 per year Is not too large Tor the
ability requisite 10 properly fulfill the
duties OF superior Judge in d county as
large As Sacramento.
"EItn-Ile proposed constitutional
amendment VIII lup ela rather than ex-
peulte business, because the trial OF
case Is by no means It's final determina-
NAAt-s III AAa~~ tA-- ktSS anu IIkGE the
ir.al o. case there are often many
motions TO be heard and orders to be
made which can only be heard and made
by the trial Judge. It viii he necessar
Tor foreign Judge 10 return 10 the
county where the trial OF a case took
TOOK place, or 10 compel Ntg&uis 10 suffer
unnecessary expense ana delay.
''SINtL-lHg amendment VIII Cumber
cur present system unnecessarily. The
proposed amendment shows this uDon lis
iaCe.'
\ HTND1ANrE IL EVERY WAY.
There would be no saving OF expense
al all under he Hatfield bil,'' said PBIi:0
:. Driver. III an outside Judge were
called here 10 Try a case, or several case.
he would have 10 return to sign orders
and attend 10 other collateral features OF
trials. The expense OF this thing, to say
nothing OF the delay ana annoyance 10
.lt.LaNis ana attorneys. would alone be
sufficient objection 10 such a system.
Again, we could not always get q
JuGEe-or AZ least one o. the right caHher
Just y men he would be wanted Thai
there ) need OF a third Judge. there can
be 30 question, for no man can do Justice
90 NUEauts II he Is kent on the bench
nearly al tie time. All good Judges pre-
.0r 10 lOoN up authorities themselves. as
our Judges 30. II Is true lawyers USUALLY
supply uuEeS U-Ita references 10 author
lilies bearing on their cases, nat these NAV
al times be iar from satisfactory. Hence.
Judges prefer 10 do most OF This work
themselves. ana this requires them 10
spend muca Of their time IN chambers.
II We want the best results from our
. courts We must give the Judges time 10
do H..
INTENSIVE AND UNSATISFACTORY.
Il. ii. ClarNeu uId not hesitate 10 de-
clare himself against tue proposed con-
stltut!oua, amendment ana in favor cf..
third Judge. Il frequently occurs" he
said, THAT when . Judge Is called from