The record-union., 1896-11-13

cision of cases is always greatly to be
desired-is always q matter of great
public importance-still a judicial de-
cision should not be marked by inn
| maturity or haste. OF all the places
upon the face of the earth where moth
! ing should be done impromptu that
place is the supreme judicial tribunal
But / want to say here tonight that
| the charge of lack of industry, of de-
laying the transaction of business. can
not be truthfully laid to this court of
ours. For 1t is a fact, and the exam
ination of the records of the court will
show it, that for the past several years
this court has averaged in written
opinions yearly 700 Its work will
| compare favorably in quantity and
quality with that of any other Supreme
| Court in the United States. (Ap-
piause.) And l want to say to you
| here tonight, and the public does not
and cannot know it, that the most
slavishly worked to-day among the
men of our State are the members OF
| this court. (Applause) There is not
a single one of them who knows what
| q legal holiday is. There is not a mem
| Der of this court who year in and year
out ever thinks of taking a week or
two weeks vacation, when every clerk
| in every department of the State has
his one, or two, or three, or four weeks
vacation. These are facts, say, which
| the public does not know, but which
do know. personally, for 1 had the
honor Of being there
The drudgery incidental to the per-
| NO. Of ind ioJ
public cannot know, for if it did. Der.
haps there would be some member of
the bar, or some citizen who, when
these groundless attacks upon the Su-
preme Court are made, would come for
ward and champion it's cause because
the members cannot open their mouths
Their hands are tied. There they have
to sit and take abuse without ever be-
ing permitted to open their mouths
even for the purpose of denying it. /
want to call your attention to a matter
that came to my notice a short time
since, and which furnishes a striking
| illustration of the truth of the asser-
walton which have just made concern
ing the mistreatment in some quarters
| Of our court.
| l noticed some time ago a statement
made to the effect that John Smiths
case, We will say, had at last been de-
cided by the Supreme Court after hay
ing moldered there for over two years.
| l knew that could not be true There
fore l concluded to look the matter up,
and the result of my investigation was
| that Mr.. Smith was convicted In a GER
tain county In this State, and it was
eighteen months before the Superior
Judge signedthe bill of exceptions in his
case, and within three months after
the transcript on the appeal was filed
in this court John Smith was in San
| Quentin. Now that is one of a number
| of cases.
1t is well-known fact to lawyers
| that there are no two cases that are
| just alike. When a case goes to the
Supreme Court the transcript and the
briefs are studied and are considered
| thoroughly by the Judges before the
! opinion is written, and it is true, as a
fact, that it is very rarely the case that
| a written opinion diScloSeS anything
| like the amount of work expended on
| the case, and that is often true in cases
where the court may, in line or two
| say that the case is disposed of on the
| authority of such and such case.
| Even in a case of that kind there is
more or less work. I have stated that
on occasions of this kind this subject
is very grave and dignified one, and
/ have endeavored to treat it in that
manner. But right here, in conclusion
l would be very glad did not the pres
cnce Of these gentlemen prevent me
| from saying what / would like to say
in reference to them. l know them al
personally, and have been associated
with them and know what they are
and I want to say here tonight that
the people of the State of California do
not know how fortunate they are in
having court constituted as this court
is, the Judges, every one of whom,
adorn the bench.
| A LETTER OF REGRET.
| Mr.. Steffens then read the following
letter of regret from Supreme Court
| Commissioner Niles Searls:
| Major H. Weinstock, Secretary Citi-
zens' Committee, Sacramento-Dear
| Sir: I have the honor to acknowledge
| the receipt of an invitation to partici-
pate in the complimentary banquet ten
dered by the citizens of Sacramento to
the Justices of the Supreme Court, and
set for hearing in bank on Thursday
evening, November II, 1896.
| Under ordinary circumstances moth
! ing could afford me more exquisite
pleasure than to unite with those whom
have come to regard as the noblest of
/ x,i,x nf Coz TO
| in testifying to my esteem for those emil
nent jurists. the Chief Justice and AS
sociate Justices of the Supreme Court
of the State Of California
| But, alas! 1 have just come, with
dropping head and bleeding heart, from
| participating as chief mourner in the
political funeral obsequies of our late
lamented Presidential candidate, Will
lam Jennings Bryan.
| Figuratively speaking, / am left a
! lone lorn widow, around whom hangs,
Like dark pail. the black clouds of po-
litical adversely with no silver lining to
gladden. my dim vision.
| Had I pursued the course Of many of
my esteemed Democratic friends and
] taken the Mckinley gold cure" before
election I might now be rejoicing with
lem in the amen corner Of the Republi-
| can camp.
| But no such fate is mine. Counsel
| learned in the law, against whom have
| decided cases, have often pronounced
| me a bad gueSser.
| Nothing seems left for me in order to
| adequately express the grief which
rends my "innards' but to adopt the
method Of mourning in vogue among
| the aborigines of this coast by putting
| tar on my head.
/ Ina cine if Won can the l1nseenol,,