The San Francisco call., 1896-03-09
rial court, upon the supposition that Judges

trial court upon the supposition that Judges
are competent. experienced and honest, the
power to set aside verdicts which upon their
face are absurd; that is to say, which are in
direct contravention of the evidence. But
this power, like the veto power of the Cover
nor, or of the President, is to De exercised
only in extreme cases and where the necessity
for its exercise is so obvious as to command
universal assent. 1t is q proposition sustained
py our Federal and State constitutions and by
universal practice since the foundation OF this
government and long before it that In those
cases which are tried by juries they are the ex-
elusive judges of the credibility OF witnesses
ana OF the weight of evidence within the rules
courts
SO emphatic and SO universal is this rule
infringement in the different States, and espc-
claily IN this State, Judges are not permitted
Sven 10 cnarge 1urleS upon questions OF 1act.
Mow, number OF years ago, speaking speclany
OF California. it was considered that there were
so many failures OF justice through improper
verdicts by juries that there was q strong in
cilnatlon manifested to commit all questions
OF lacs exclusively to the courts but the better
thought OF Journalists and jurists led them to
believe that the time had not yet come when it
was wise TO obliterate the protection which
jury trials had afforded to citizens. both in
criminal and civil cases. Subsequent expert
ence has convinced me that nothing more dam
gerous to the wellbeing of the State and of the
people could occur than to destroy or weaken
the ancient right OF jury trials on questions of
TACT IN common law cases, whether civil or
criminal.
The time may come, indeed It has come,
when the most important reform needed in the
law Is the perfection of jury trials, without
which the citizen and has property will ulti-
mately be completely at the mercy of corpora
tions and plutocrats. If were to forecast our
State and National destiny by the wide and
unprecedented disparity which now exists be-
tween the theoretical perfection of our institu-
t1ons and their failure in practice, / would
have very little hope for the country. There
is no occasion, however. for any such pessi-
mistic view, because the American people
generally. and the people of California espe.
cially, will not forever submit to corporate
domination and corruption.
But at present, at least especially in civil
has invited public attention, actually exists,
and in very alarming forms. 1t is not for me
to question the decisions of the Supreme Court,
but this much will say, that taking them as
declaratory of the law of this State they have
already reached point where the benefit OF
jury trials and the protection which they
should afford to persons and property have
been gradually and largely Withdrawn. If any
man would take the trouble to follow the cur
rent of authority in this State within the last
twenty-five years and bring out before the pub
lie the specific instances in which this ten
dency has been manifested, will venture to
say that the community would be astonished.
will give one or two illustsatlons In gen.
eral form. On the.one hand you will find all
sorts of verdicts and judgments sustained
upon the ground that where there is a conflict
of evidence the Supreme Courtwill not inter-
fere with the action of the courts below. This
doctrine justly applied seems to be in the
line of protecting the verdicts of juries, but
if those yerdictS are at the mercy OF Judges
in the lower courts, what inality would they
possess?
Then note the exceptions to the doctrine to
be found in particular cases, and in still other
cases observe the qualifications of the doctrine.
Take, for example, the large class of actions
brought against corporations for personal in
juries, which are almost invariably tried be-
fore juries. In those cases the law provides
that if the negligence OF the plaintiff materi-
ally and substantially contributed to the in
jury he cannot recover. But the law provides,
also, that the question of contributory negli-
gence. is almost universally. matter to be
passed upon by jury within the principles
and rules laid down by the court.
There are many cases in this State, how
ever, In which, upon examining the records
upon appeal, IL will be found that the appel
the evidence on this subject and has set aside
verdicts upon views of the facts differing from
those of the iuries before whom the cases were
tries.
This is an exercise of a power which be-
longs to qualified citizens entrusted by law
with the duty OF passing upon evidence and
not for moment discussing questioning
the honest exercise of its power, it neyerthe-
less does attract to the courts authority and
functions which peculiarly belong to juries.
Numerous other illustrations of this propo-
sition could easily be given, in the Investiga-
ton of which it would be found that as it
WOulQ appear TO lQe ordinary ClllZeu tn6re
have been great inconsistencies in our practice
and in the law as it stands, tending to the con-
centration of power in the courts, and chiefly
in the particular direction in which constitu-
tional provisions and former precedents in our
country interposed juries for the benefit OF the
citizen and his property. And in tracing the
effect of this steady minimizing of the func-
tions of iuries it will be further discovered
that in almost every instance the result has
been beneficial to railroad corporations. 1t
would almost appear as If In their just leaning
against demagogues and poletarianlsm, and in
their anxiety lest corporations should be placed
outside of the pale of the law, the courts have
leaned the other way to an extent which has
aided the class OF corporations ment toned in |
placing their feet upon the neck OF the people |
The true rule for the faithful enforcement
of which there was. never greater necessity
than at present, is that in all cases where un- |
der the authority of law questions of fact are |
for the consideration of juries, their
verdicts Should be final. except in those rare |
instances in which it is apparent to any man |
OF common understanding that they have |!
found directly and palpably against the evil |
dence.
The moral deducible from the tendency on |
which l have ventured TO comment is that |
application of our entire American system of /
government, must discern that there never |
was q period, even during the middle I
ages, when il was more indispensa. |
Bile for journalists, for lawyers, for re-
fective and conservative citizens and for all !
other persons to whom the future of our coun- |
try is dear to combine their influence in favor |
their original simplicity and conclusiveness |
upon questions of fact.