The record-union., 1897-11-22
UNDERSTANDING THE LAW.

The Los Angeles Times" refers to
recent letters in the press by lawyers
as:
explaining the ins and outs the dips,
spurs and angles, the tortuous loops and
Wlndlngs, the up hills and down dales,
the intricate convolutions, the mysti-
lying sinuosities and the lawyer-be-
logged, hell-be-witched and devil
haunted technicalities of the Durrant
case, especially for the enlightenment of
the layman.
If the layman, after reading Mr.
Foote's explanation of the why's and
Wherefores. is able to understand it. he
IS certainly no layman at all, but is
easily competent for admission TO any
old bar in any old State of the American
Union.
There are none who have so little in
formation as those who do not seek it.
NO one is convinced Of the truth who
resolutely closes his mind to it's entry.
If the Times really desires to under
stand the matter it has not far to go,
nor does the problem call for any spe-
cial astuteness of mind. A simpler prop
osition of law can scarcely be put.
Let US see. The statute book, made by
the peoples representatives in Legisla-
ture assembled, in brief, clear sentence
secures to every citizen the right to ap-
peal from judgment entered against
him. 1t says that the taking of such
an appeal "shalf' operate as a suspen-
sion of the judgment, stay of execu-
tion under the judgment, until the ap
peal is finally passed upon by the higher
tribunal.
A still briefer, and if anything clearer
provision of the written law-which the
courts did not make and cannot change
provides that an appeal may also be
taken from IAN order made after judg-
ment'' But in that case it is succinctly
distinctly provided that the taking of
the appeal shall not stay or suspend the
judgment or prevent execution under it,
except when the Superior Court, or the
Supreme Court, on a showing made be-
fore either, declares that examination
of the matter convinces it that the ap-
peal is not trivial, not merely dilatory,
or based upon insufficient grounds, but
that it does affect substantial rights of
the defendant. and that there is reason
able ground for such appeal; a reason
able doubt raised by the showing con-
cerning the soundness of the order ap-
pealed from.
In that case the court may issue an
order termed "a certificate of probable
cause" that is. that there is probable
cause for inquiry into the order ap-
pealed from, and the reason for it. When
such certificate is issued, says the
statute book, it shall operate to suspend
the judgment, and stay the execution
under the judgment, until the appeal is
heard and decided.
That is the sum, substance and detail
of the whole matter. The iayman who
cannot understand that is deficient in
mental capacity. The editorial mind
that is unable to grasp that statement
is to be sincerely pitied, and assuredly
would not, no matter how learned in
otner respects, De competent LOT aufnlS-
sion to any old bar
The simple truth is that great many
people do not make reasonable effort to
understand the law. 1T is enough for
such to hear a proposition of law stated,
to send them into their shells with
stopped ears and closed minds. under
the self accusation that they are inca
pable OF understanding what a plain
provision of the written law means.
There is no man with sufficient reason
left him to get under shelter when 1t
rains. who is not capable of understand
ing the reasons underlying most laws,
since most laws are. like human wis
dom. the result of the necessities of men
as determined by-experience.
That there are a great many questions
involving human rights and human lib
erty in the laws. that are difficult of
comprehension by the mind not trained
to analyze and reason, is true. but in
seven cases out of ten he who sets about
to do so can fathom the intention OF the
lawmaker by reading the lave