The San Francisco call., 1897-03-03
TO HELP OUT THE
SUPREME COURT
Plan to Increase the Powers
Of the Justices of
the Peace.
A Substitute for the New Ap-
pellate Court Bill in the
Legislature.
If It Succeeds Only Licensed Attor.
neys Can Be E ected as
Justices.

a numb Der OF attorneys OF this City,
headed by Justice of the Peace Groezinger,
will make an effort to help out the Leg
islature in one of the problems that now
confronts it-that of relieving the calen-
dar of the Supreme Court from the
crowded condition that often sets i'm
portant cases back for months.
A bill is now being considered at Sacra-
mento which aims to create new appel
late court, with jurisdiction sufficient 10
take care of much of the work OF the Su-
preme Court, to the end that cases may be
promptly decided.
The attorneys mentioned will have q
substitute presented which, they believe.
will solve the problem in a much more
simple manner, and, at the same time,
not Increase the expense Of maintaining
the present courts.
They will ask the Legislature to amend
the constitution SO that the Justices courts
shall have jurisdiction over cases where the
amount involved does not exceed $500,
instead o $299 SO, as a present.
This will take much or the pressure off
the Supreme Court, as majority of the
cases handled by the SuVerlor Court are
for amounts less than $780, and these will
only be appealed to the Superior Court.
The substitute will also demand that
only attorneys licensed to practice before
the Supreme Court of the State be eligible
to hold the Office OF Justice of the Pea ce.
Instead of creating an intermediate
Appellate Court, as is proposed" said
Justice Groezinger yesterday, 1.-The busi-
ness of both the Supreme Court and the
Superior Court would BE- largely dimn-
ished and their calendars kept clear by
first passing law requiring that all
Justices of the Peace in this State be ad-
mltted practitioners in all courts in the
State. Then by simple amendment to
the constitution increase the jurisdiction
of the justices Courts from its present
limit of $3.50 SO 10 about 5000. In other
words doubIe ii and also increase the
courts jurisdiction in cases of foreclosure
OF liens on personal property from its
present limit of under $500 and give it
jurisdiction 10 try cases wherein the value
OF The personal property or the amount of
the lien does not exceed the sum of $500
No more Justices would be required in
this State and the business OF the Superior
and Supreme courts would be reduced
about one-half.
statistics show that majority of the
cases for the recovery OF money or dam
ages filed IN the Superior Court are be-
tween $500 and $500 and three-fourths of
those cases are appealed 10 the Supreme
that clog the calendars and take up the
time of the much overworked SUPERB or
Judges. Consequently when an important
case is appealed TO the court it is years
before it is finally decided.
''If, as is proposed, the jurisdiction of
the Justices Courts is increased all this
car be remedied without creating any
other courts or reorganizing our whole
judicial system. There is no reason W by
this should not be done, for surely a
Judge competent to try a case wherein
the amount involved is $299 SO is just as
competent to try a case OF $500, ior the
same law governs each case and both are
tried on the same facts, the amount being
only Limitation as to jurisdiction.
The Superior Court would then be the
Appellate Court of the Justices Court
and penalty could be charged up against
the party appealing, i'll the way of a small
percentage of the amount involved
should the appellant lose the appeal said
penalty 10 go to the county. This would
help the county in revenue and stop many
frivolous appeals, there being no penalty
other than costs at the present time.
IF Justices were compelled TO be prac-
titioners of the Supreme Court better JUS
tices would be elected by the people. and
their jurisdiction being increased better
lawyers would aspire to the office. Be-
sides, this would be very popular meas
ure with the attorneys, as in the interior
counties in this State no qualification IS
required, as to knowledge of law, of d
Justice"