The record-union., 1897-02-18

Irlal Looking at the mass of cases
anat nave accumulated in the Clerks
once, one would seemingly be justi-
neu IN exclaiming at the laws delay:
Dur so FAR as those cases are concerned
1he CLERKS office is merely a mortuary
chaniper. The greater portion Of those
cases have no life in them. Some of
uhem have been dead for years; yet
periodically they are solemnly brought
Iorth on stretchers. so to speak, and
paced on the general calendar, and SOL
emnly called, and as solemnly ordered
Off the calendar for failure to answer
and so sent back to the Clerks office
ad infinitum.
To illustrate: At the beginning of the
present year I was transferred from
Department Eleven (criminaD to De-
partment Seven (civiD. Soon after l or
dered the clerk to prepare a general
calendar of all causes at issue in the
last-named department Upon the
calling of that calendar 1 dismissed
about 80 cases for want of prosecu
ton, and | have since dismissed nearly
fifty other cases for the same reason.
All OF these cases thus dismissed had
been dead for some while-most of
them for years-and of course the or
der of dismissal was the only expedi
ent measure. The calendar of the de-
partment presented an apparent vol
ume of business that was misleading.
The dismissals disclosed its actual
state. An order Of dismissal for want
OF prosecution thus made or made at
the calling of the cause for trial, when
&c
der and would undoubtedly be vacated
by the Judge upon a proper showing
with or without conditions as seemed
fair and such an order is therefore a
proper order to be made in such exig-
ency, the business of the court consid
cred.
The apparent volume of business of
the courts, per the cases in the clerks
office is misleading as to criminal
cases also. 1t often chances that there
are several charges pending against an
accused person After the prisoner has
been tried upon one charge and con-
victed, if he appeals to the Supreme
Court the other charges are placed
upon the reserve calendar as a matter
of course, even though there be no in
tent to try them, and very often upon
even though there be no appeal, the
other charges are placed upon the re-
serve calendar for expedient reasons
not with the intention of trying them
upon the expiration of the judgment
that has been rendered, but from mo-
tives of public policy-with the pur-
pose of interposing a barrier between
the convict and a pardon, All such
II. ~
been satisfied, but until that time they
are apparently alive and awaiting trial.
and up to the time when they are so
dismissed they help swell the register
of unfinished business. Sometimes, dur
ing election years, Judges who are can
didates for reelection take time apart
for election purposes, which. of course,
delays to some extent the calendars
of their departments, and some
times, also, the Judges sit as
committing magistrates, which Of
course interrupts regular business.
The last matter could be readily cor
rected, however, by a rule that the
Judges would not sit as committing
magistrates, and such rule would be
fair, because we have four Police
Courts, the Judges of which possess
abundant capacity and ample leisure
to hold all preliminary examinations.
The additional Judges are not need
ed and the proposed measure is waste
full and improvident. l cannot but re-
gard it as a political measure however
1t may be advocated.
I have endeavored to make 1t plain
1y apparent that the proposed measure
is measure of waste and not a meas
ure of thrift, and that it ought to be
defeated
am minded that the members of
the Legislature from the interior of the
State might say: If the people of the
City and County Of San Franisco need
an increase of their Judges, we will not
actively oppose the measure" The pur-
pose of this letter. therefore, is to ad- |
wise them by the readiest and widest
means Of communication that such an
increase is not needed, and ask them /
10 oppose it.