The record-union., 1896-11-14
lished yesterday, Robert T. Devlin

that l was expected to take the place
of a gentleman who is indlspoSed, but
after listening to the eloquent remarks
of the gentlemen who have preceded
me I feel that / must say something on
this occasion. have been great deal,
as Judge Mcfarland said, like a res
ervoir. trying to see how full L could
get in the meantime, and perhaps
can give you something with head
on it. l simply want to bring out one
CT two thoughts that were passing
through my head while listening to the
remarks, and one is this: There can
not be in a republican form of govern
ment too much respect shown to the
supreme tribunal of State. Gap
plause.)
General Fitzgerald said the Supreme
Court is the weakest arm OF the three
coordinate branches Of the Govern
ment. While we may admit that 1t Is
the weakest so far as the execution OF
power and the enforcement of its de-
orees are concerned, so far as the pres
ervation of property rights are con-
cerned, the most important tribunal of
the three coordinate branches, the Su-
one side against the oppression OF
wealth and of power, and ON the other 1T
stands against those who try, by anar-
chstic principles, to tear down the very
principles upon which civilization rests
(Applause)
In the hours when the principles of
popular government are assailed, in the
hours when a mans personal or prop
erty rights are attacked, the citizen mas
but one tribunal to look to for protec-
tion and that tribunal is the court. In
the Supreme Court of every State is
lodged that ultimate power which must
decide, for once and for all time. who
is in the right in any given cause. In
other forms of government, where the
supreme power is lodged in hereditary
monarchy or aristocracy, the Supreme
Court may not be so important; but in
this country of ours, where the VIII OF
the people is the supreme law, L repeat
il cannot too often be said that the per-
petuity of this country, the perpetuity
of the fundamental principles upon
which our Government rests, depends
upon an impartial, a fair and an incor-
ruptible Supreme Court. (Applause)
California has been particularly for
tunate in the selection Of gentlemen
who have occupied that high and re-
sponsible position. From the earliest
times, when they adopted the Practice
Act modelled after the Code of Civil
Procedure of New York, and reaftirmed,
| believe by Justice Field, the decisions
of the Supreme Court of California have
been respected and honored by the
other courts of the land; and 1 think [
may safely say that everywhere
throughout the United States a decis-
ion made by the Supreme Court of Cal
ifornia is listened to with as much re-
spect as the decision of any Supreme
| Court of any other State or of any Eng
lish court. (Applause.)
While these things are known to the
lawyers and known to those who scan
the decisions, l regret to say they are
not known to the people at large, be-
cause, as has been said by General
Fitzgerald-and / quote him again be-
cause I listened with much interest to
his renarks-the Supreme Court may
perform a work of drudgery and they
are closeted away, so to speak, from the
rest of mankind, and what they do is
known only to those who are familiar
with their duties. (Applause)
The reputation that the Supreme
Court of California has maintained dur
ing all the years that California has
been a sovereign State, and still main
tains is due to the learned gentlemen
who have presided in that tribunal.
Toasts and the health of several
| members of the courts have been pro-
posed, and it now becomes my pleasure,
gentlemen, to propose to you the good
health of a younger member of this
court, q Californian in every sense of
the word, a graduate of the University,
one whose name is as broad as the
State of California itself, and 1 now
propose to you the health of the Hon
F. w Henshaw. Long may he live and
continue to adorn the place he now oc-
| cupie.s. (Applause)
THE ABSENT MEMBER.
S. Solon HolI was called on to speak
for Justice Garoutte, who was prevent
| ed by illness from being present. MIR
Holl said:
Mr. Toastmaster and Gentlemen:
| have been greatly delighted by what
| has transpired here tonight and am
greatly rejoiced to think that the city
of Sacramento has done itself the honor
Of entertaining at this time and in this
way the Judges Of the Supreme Court
| Of the State of California. / have been
| citizen of Sacramento for a great
many more years than like to confess
| but / have never seen a time when
thought the city of Sacramento did the
right thing at the right time in better
manner than they have tonight by en-
| tertaining the Judges Of the highest tri-
| bunal in this State. (Applause) There
| is some reason for cherishing this sen
| timent. The judicial tribunals of any
State are the conservators of the rights
the liberties of the people of that State
The banquet was rendered to the JUS
| tices of the Supreme Court upon this
| occasion by the citizens of Sacramento
| for the purpose of expressing to them
in a manner as emphatic as possible the
entire confidence that the people Of Sac
| ramento and the people of the State OF
/ California have in their Judiciary. CAP
| plause) We fully recognize the fact, as
| has been intimated, in some respects al
| least, that the judiciary is helpless;
| that Judges Of a court cannot resent an
assault upon them, and yet we know
| too we'll the attacks that are constantly
made upon the Judges of the courts OF
the country. and one of the objects oil
| this entertainment is to convey to the
| Judges Of the courts Of this State the
fact that the great body of the people
cf this country have the utmost con-
| fidence and faith in the integrity oi
| the Judges who administer the laws IN
| the tribunals of the country.
| In the system of government IN this
| country, the most important of the
| three departments is the judicial de-