The record-union., 1897-11-14
THE DURRANT CASE.

The proceedings in the Durrant case
in the last few days have probably
never been paralleled in American ju-
dicial history They emphasize the alb
solute necessity for such amendment
of the statutes of practice as govern
the courts in the matters of appeal and
superior Jurisdiction, that there shall
not be any longer grounds for belief
that under the laws of the State 1t VIII
be possible to continue dilatory motions
and secure appeals and orders of delay
thereon to the end of time, thus defeat
ing the purpose of justice.
There is in one respect apparent con-
flict of opinion between the Supreme
Court of the State and the Federal
Judges in San Francisco concerning the
necessity of awaiting the arrival of the
remittitur from the Supreme Court Of
the United States
But aside from that, the Supreme
Court of the State holds that the last
order fixing a date for the execution OF
Durrant was an appealable order, and
that therefore the defendant was en-
titled to the statutory time within
which to take and perfect his appeal
from that order. 1t is assumed by
very many that under such a law there
could be an appeal taken, no matter
how trivial and frivolous, on the max
ing Of every final order of judgment,
thus requiring after each dismissal of
the appeal that the defendant shall be
resentenced, and opening the door for
another appeal, and so on to the end
of the natural life of a criminal.
If that is the law, and there is no
reason whatever to doubt the interpre-
tation of the statute by the Supreme
Court, then the way out is to amend
the law, even If the amendment has TO
reach back to the Constitution and cor
rect flaw in our system there.
But until such readjustment of laws
governing the courts-which are the in
terpreters, not the makers of the laws
is made, clearly and beyond all ques-
ton the action of the Supreme Court of
California is impregnable and just, and
in defence of the rights Of the people. 1t
interposes the guarantee of The written
law enacted by the Legislature, fixing
a definite time after judgment within
which a defendant may file his bill of
exceptions to any order made after
judgment, and upon which he
is by the law guaranteed the
right of appeal 1t is therefore not
matter of criticism of the court but one
Of consideration of the wisdom of the
statute which We undertake to say Will
never be so far modified as TO permit
passion, prejudicesor unseemly haste to
use the law.
A Justice of the present Supreme
Bench Of California some years ago
recognizing the evil of the laws de-
LAYS. proposed in an able essay con-
tributed TO a magazine such amend
,nent of our system as 70 permit the
court of last resort in passing upon
appeals in certain cases. to direct the
proper Judgment to be entered without
sending the case back TO the court be-
low for retrial or correction of error.
If such procedure would be wise IN
civil and in criminal cases below the
grade of capital offenses, why would
it not be proper in the latter? Under
such a system on the court OF last Ne-
sort passing upon the case of a muir
derer adversely to him, 1t would Itself
fix a day for carrying the judgment of
the court below into effect, and there
would then be no possible further ap-
peal.
Concerning the delays sought through
appeals to the Supreme Court OF the
United States from refusal TO discharge
upon writ OF habeas corpus. 1t goes
without saying that Congress viii
rectify any defect in the Federal stat
utes through which such a practice can
be maintained, as has been recently
set up II this is not done the Su-
preme Court Of the United States VIII
have IT'S calendars loaded up with every
criminal case of any order whatever
that is prosecuted to conviction In the