The record-union., 1896-11-13

which you have SO gracefully proposed
to the Supreme Court of our State and
1 greatly regret, sir, that the subject is
SO great that it will not permit Of the
presentation of more than a bare re-
view of the subject. / trust, however,
that what may say will in some degree,
although imperfectly, impress us with
the dignity and the importance Of this
subject. OF the three coordinate
branches Of our Government, the judi
ciary, of which the Supreme Court is
the honored head, is, as the question of
power the weakest and the most help
less of them ALL 1t can perform no judi
cial act unless its machinery Is set in
motion from without by the mode of
procedure prescribed by law. 1t cannot
institute nor take the initiatory step in
any proceeding whatever. 1t cannot
even give efficacy to its judgment with
out the action of the executive. The
only power, in fact, which the Supreme
Court possesses to enforce it's orders
and it's DEGREES is the power to punish
for contempt. And even that power,
limited and restricted as it is by law,
tempted usurpatious legislative enact
ments, manifestly hostile to the exercise
of its power.
And this, Mr.. Chairman and gentle
men, Notwithstanding the fact that
when it reluctantly resorts to the exer-
else of that power it is always leniently
and reluctantly exercised by our State
courts The power then, Mr.. Chairman
and gentlemen, of courts generally must
be measured by the ability and the in
tegrity of the Judges constituting
courts. 1t is upon these qualifications
these essential qualifications-that the
court must rest its claim to the conf
dence and respect of the public. Our
Supreme Court has from it's earliest or
ganization been worthy of the highest
commendatfon. It's decisions have, in
the main, stood the test of the severest
scrutiny.
It's history in connection with the set
tlement of the land titles in the State.
especially in the city and county of San
Francisco, its decisions in relation to our
great irrigation and mining interests,
have been such as to erect for it a
lasts. to the learning, the ability, the in
tegrity and the independence of those
Judges. (ApplauseO And / want to
say right here tonight that the Su-
preme Court of our State is the safe
guard upon which the people can at all
times rely for the protection of life and
property. (Applause.)
Whenever the independence Of this
tribunal, my fellow citizens. is i'm
paired, the prostration of the rights of
the people will necessarily follow. The
sole protection which the people have
against the tyrannical execution of the
laws is the Supreme Court of your
State. Its power. it is true, is not so
very great, but, as limited as it is. it
can say to the Chief Executive of this
great and glorious commonwealth:
stop right there. sir; you can go no
farther 1t can say to the Legislature
CT the State, when it enacts a law
which is In excess of its authority:
THAT law is in excess of your au-
thority, and is therefore void and of
no effect. Those are some of the
things that it can do, and in doing
those things it is necessarily the most
important of the three branches of the
Government as far as the rights, the
Liberties and the property Of the people
are concerned.
Now. there is another matter which
shall call your attention to in this
desultory way Of mine, and it is this:
am perfectly Well aware, as every
one here is. that unnecessary delay or
tardiness In the decisions Of cases is q