The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-01-02
E SARY
LEGISL ALTON

hat Legislation is most earnestly
1oded for the benefit of Southern Cali
pruta? This most pertinent query OF
he Herald may be lucidly and at the
&me forcefully answered by survey
"a the conditions existing in the state
ma a realization of the greatest evil
which afiiicts the body polite.
It Is self-evident that true progress,
4 Whether material or moral, is clogged
i ~ Imperfect laws, and as law is the
8oundation upon which the intricate
structure of our modern civilization is
built, It is but a natural result that the
9uperstructure- should in places give
Signs of weakness when the very
foundation itself is lacking in SYM
metrical strength.
ia To fully appreciate the complexity and
eumbrousness of our statutes and the
enormous expense and irritating delay
( attending their administration, it must
be rememberede that these are in large
measure the result of conditions under
which our system of laws had its origin
and growth. When written law first be-
gan to be formulated the power of the
ruler was absolute; the people possessed
no rights which those in authority were
bound to respect. AS intelligence be-
came more general, individual rights,
both of person and property, were guard
ed by laws devised for the hearing and
determining of questions of differences
which arose among the people, or the
innocence or guilt of those charged with
offenses against society. Before man
kind realized what had been done-and
from the best and most commendaDle
motives-there had been reared a struct-
ure of jurisprudence as barrier be-
tween those whose rights were endan-
gered and the passions and prejudices
of the pepulace. AS these passions and
prejudices were removed by the onward
movement of civilization, the law still
stood as bar and hndrance to the just
and speedy determination of questions
involving the rights of persons and prop
erty Society had advanced far beyond
the condition which demanded an eye
for an eye and tooth for a tooth: which
countenanced hanging for sheep-steal-
ing, and which willingly accepted the
result of the wager by battle as a de-
termination of the right or wrong in the
question at issue. In thus evolving to
q higher stage of development certain
necessary under previous conditions to
guard and protect persons accused of
crime and to adjust questions of prop
erty rights-became the means, in very
many Instances, of delaying and defeat
ing the ends of justice.
For instance, the jury system, the |
origin and adoption of which marked an
epoch in the history of the recognition
of human rights, has outlived the en- |
vironment which rendered it a blessing |
and has become positive menace to the |
best interests of government and soci- |
ETY.. So, also, with the resort made to |
means of delay in the litigation of any
question, in both the civil and criminal |
courts; the motions, demurrers, contin- |
uances, objections, exceptions and ap-
peals are in comparatively few cases |
necessary for the just administration of
the law, which ought to be synonymous
with the administration of justice.
Along this line there is a crying need |
for reform, and by wise legislation our
laws should be so amended as to correct
the abuses which are so generally recog
nized. What possible excuse can be Of |
fered for permitting a criminal to ap-
peal to half dozen different courts, in
Guiding even the supreme court of the
United States? And what argument can
be advanced in favor of practice which
permits a judge to take under advise
ment" an important and long-contested
case and withhold his decision for year
or more? When we consider the uncer-
tainty, delay and expense of reaching a
finality in modern litigation, it is small
wonder that very many people hesitate
to appeal to the courts for redress of
grievances or the defense of their rights.
This being so, 1 believe the greatest
need of our state today, nthe matter of
Legislation, is such a modification, re-
vision and reform of our entire system
of laws as will prevent the abuses in
their administration which are now con-
coded. The law which now permits two.
thirds of the jury to render verdict in
civil cases should be extended to GRIM
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