The San Francisco call., 1896-03-09
Precedents and Constitutional
Provisions Assailed Too
Freely.
THE POWERS OF THE JUDGES.
Many Cases in Which the Reserved
Rights Of the People Have Been
Trifled With.

The Supreme Court ruling in the case Of
People against Christian Knutte in which
Justice Van Fleet very greatly empha-
sized the principle which makes the trial
Judge practically the thirteenth juror and
gives him discretion to set aside verdict
when not convinced of the facts upon
which it is based, is still exciting good
deal OF interest among the lawyers, and
the discussions, pro and con-, seem to be
not likely to end very soon.
There is abroad manifest belief that
thir broadening of the Judg discretion is
highly inimical to the jury system, at
least in civil cases. Yesterday the we'll
known attorney, Henry E. Highton-
one of those who drafted the re-
cent anti-funding memorial to Con-
gress-submitted to an interview on this
all-engrossing theme of Justice Van Fleets
opinion. Mr.. Highton is of the opinion
that grave dangers to the jury system lie
in the direction OF thus increasing the trial
courts jurisdiction over questions Of fact.
Especially in civil cases." said he, 1.-THE
precise danger to which The CALL has IN
vited public attention actually exists, and
in very alarming FORM"
MIR. Highton sees, too, in this ruling,
what many other acute legal gentlemen
perceive, tendency to make it easier for
the Southern Pacific manipulators to carry
things with high hand in this State as
well in the courts OF law as elsewhere.
Mr.. Highton's observations upon the
decision are as follows:
Not having examined the record in the case
can say very little in respect to the case itself,
but can use the general proposition which
has been the subject of discussion as q text for
some observations to which it necessarily gives
rise. / wan ito express no disrespect for crit
icism of the judiciary OF the State, but to refer
10 certain tendencies more conspicuous, per-
haps, in California than anywhere else, which
appear to me to be in direct contravention of
our American jurid icial institutions.
With me the fundamental idea in such mat
ters is the unwholesomc influence which, in
my deliberate opinion, the original railroad
corporations and the manipulators of those
corporations have exercised upon the admin
istration of the law in this State.
I observed lately that in commenting before
the anti-fundiEg bill memorial recently for
warded to Washington Mr.. Huntington spoke
disparagingly of the members of the commit
tee by whom that memorial had been pre-
pared, and to my mind furnished the most
conspicuous example Of blatant dogmatism
that have observed for many years.
ALI men have their faults, but whatever else
may be said of these men they have at least
not robbed the people OF California, where they
have lived as long as Mr.. Huntington himself,
and they have derived no benefit from the pub
ton would not appeal to the people of this
State in support OF his funding bill and he
would not bring libel suit against any.news-
paper or any individual within the State. If he
knows anything at all about the condition of
public sentiment among our people he is
perfectly well aware, and was aware
when he spoke before the Senatecommittee, that
there is no material diversity of opinion in
this State on the proposal to refund the Central
Pacific debt.
But the question will be asked, very natur-
ally, "what has all this to do with the decision
of the Supreme Court of California upon which
I am asked to make few comments?" 1t has
this to do with it; that Mr.. Huntington and
his associates have done more to demoralize
the practice and administration of the law in
this State than all other influences combined.
On that proposition there is no worse phase OF
the effect at least which they have produced
upon our decisions than that which is involved
in the gradual emasculation of jury trials as
established by precedents. through which con.
stitutional provisions of laws can be and are
being practically set aside.
There must, of course, always reside in every