The record-union., 1897-11-14
Union, thus making a physical block
ad.a of i,lSticp

Union, thus making physical block
ade of justice.
Concerning the last act of the court
below in the Durrant case, We do not
hesitate to say it that there was inde-
cent haste even if there was no In
fringement upon a right secured to the
defendant by the statutes made by the
people. 1t would have been more SEEM
ly and certainly more orderly, to have
awaited the sending down of the re-
mittitur from the Federal Supreme
Court and a motion to dispatch 1t
earlier than the rulable time, it is un-
derstood, is always in order, and is
usually granted. But no such motion,
say the dispatches, was made.
1t is a very serious question whether
courts should take notice of the maxi
ing of an order by the Supreme Court
of the United States upon the evidence
of telegraphic dispatch, especially
when it does not emanate from the
officer of the court whose duty it is TO
-
fancy to suppose a case in which an
error in dispatch might deal IA
tally with human rights.
1t has remained for certain of the
press of San Professionalism, happily
for the people, are not the administra-
tors of the laws-to intemperately and
viciously denounce the Supreme Court
of the State for following the plain di-
rection of the statute laid down by the
people for Its guidance. One of these
papers, inspired by heat and not dispas-
sionately interpreting the law goes SO
far as to impale the Justices of the Su-
preme Court upon the pike of libelous
charge, and to declare that it has opened
the door for licensed and unrestrained
murder.
That such inf1ammatory and unjust
utterances tend to warp and mislead
public judgment and excite men to law
| lesness, goes without saying. 1t de-
serves not only the rebuke but the ana
| thema of good citizenship. Let the
| thoughtful citizen reflect for one mo-
| ment upon the logical result of the de-
mand of the inflammatory press, that
the statute shall be ignored and SUBJ
| stantial rights guaranteed by it be
brushed aside-let him reflect upon the
/ inevitable result such procedure in the
case of his own liberty, and what its
effect must be upon the guarantees OF
the law by which he possesses the fruit:
of his labor in peace and security.
Section 1887 of the Penal Code reads
| An appeal may be taken by the de-
fendant from an order made after judg-
ment affecting the substantial rights OF
| the party The San Francisco "Bulle.
tin" admits that the law erects guar
antee against possible injustice, bu
holds that in the Durrant case his sub
stantial rights" We're not involved in tht
order fixing his execution within forty
eight hours. Without saying in detail
that the record before the Supreme
Court showed that his substantial
right was involved-an issue upoI
which the court will pass, of course-i
is to be stated that Section 1114 of th'
Penal Code, a rule made by the people
and not by the courts, guarantees tn
defendant ten days after exception t
an order after judgment, in which t.
have his bill of exceptions made out ant
presented for settlement, as the essen
tial step preceding an appeal, which Il
his right under the statute. Assured.
that is a substantial right and an or
der to hang the defendant within tha
time is defeat of substantial right"
1t was so far a dangerous and unpre
cedented proceeding and trespass upoi
a substantial right to order the execu
ton within forty-eight hours that !
would have been no more an unlawful
tno more revolutionary, or usurpatlol
land abuse of power, had the order peel
to take the defendant out and hang hin
within the hour There would have oeel
precisely as complete and strong 1usti
fcation for the latter order as for Tn
former. and human right and the lioer
ties Of the people would not have beel
p.ore invaded in the one case than in tn