The San Francisco call., 1897-01-23
He YEARNEO FOR
ORAL ARGUMENT
DR.. Edward R. Taylor's
Will Prevailed With
His Brethren.
Consideration of Judicial Reform
by the Bar Associa-
tion.
Sections Eleven and Twelve of the
Proposed Constitutional Amend
ment Revised

The San Francisco Bar Association de-
voted three hours yesterday to consider
alton and revision OF the proposed consti-
tutional amendment in judicial reform,
which it intends to submit to the Legis-
lature at the earliest possible moment.
So keen were the debates on mooted
propositions and the interest in the gen.
eral subject that it was found impracti-
cable to take up any more OF the proposed
amendment for consideration and possi-
BILE revision than sections IL and II.
Section IL. as reported by the commit
tee, read as follows:
No Judgment or order shall be revised, m od-
ifed or set aside, nor shall any new trial be
granted by any appellate court Tor any error
if that error had not been committed the
Judgment or order must necessarily have been
different.
AS amended this section is almost ex-
sctlv in the language OF section ATS of the
Code of Civil Procedure. 1t is as follows:
Courts must in every stage of an action dis
regard any error or defect in the pleadings or
proceedings, or in the course OF trial or
motion for a new trial, which does not affect
the substantial rights OF the parties. a new
judgment or order shall be reversed or affected
by reason of any such error or defect
When section II came up for considera-
tion Attorney W. S. Goodfellow moved
that both be stricken out. Ha assigned
no reason therefor and the motion failed
to carry.
DR.. Edward R. Taylor made an eloquent
plea for che revival of oral pleading. He
believed that Judges frequently go to
sleep over lengthy briefs and do not take
due cognizance of vital points, and that in
addition oral argument was necessary to
bring out the fine points OF a case. de
was seconded in another forceful speech
by Attorney John A. Wright.
Certain minor alterations were made in
DR.. Taylor's revision of the section, and
the report handed in by the committee
was amended as follows in which form it
will go before the Legislature:
Every cause and matter in the Supreme
Court or any Dis trict Court OF Appeal except
such applications as may be made ex-parte)
shall be orally argued in opel court, and no
cause or matter in said court t(eXcept ex-parte
applications as aioresaid) shall be presented,
considered or decided, upon printed or written
arguments; but this snail not prevent the
courts from requiring that the points to be
argued and considered, together with the list
of authorities to sustain such points, shall be
printed and filed before cause is taken up for
argument. After ten causes or matters have
other cause or matter Except ex-parte applica-
tiols) shall be taken up by the same court
un III eacn OF sAlQ causes ana matters mas Deen
decided.
In rendering Judgment each of the Justices
of the said courts who has heard the cause or
matter adjudged shall separately. in open
court, pronounce his Individual decision and
give his reasons therefor. and the same shall
be reported by the Photographic reporter OF
the court, and transcript preserved in the
records of the court; but this shall not pre-
vent any of the Justices from preparing his
decision in writing before delivering the me
or from so editing the phonograpnlc or other
report thereof as to render the same NOR g
clear. remittitur or mandate must issue
upon every judgment OF said court on or be-
fore the expiration OF thirty days after the
entry thereof; bur the court shall have power
to authorize a mandate or remittitur 10 issue
after the expiration of that period in cases
where without deceptive or fraudulent intent
on the part of the person in whose favor the
judgment was rendered the mandate or remit
Itur had not heretofore issued.
An adjournment was taken till / P. NJ
to-day, when other sections will be consid-
cred.