Amador ledger., 1902-10-31
A LAME PLEA.

patch and allied papers, came out
recently with an article in defense
of Judge Rust in leaving the county
during the summer of 1900, and other
times, mention of which absence has
been made several times in the Led
ger. This defense, in short, is that
it is customary for the superior
court in all counties of the state to
take vacation during the summer.
That the bar association of ANA
dor county, on the 30th day of June,
1900, presented petition to the court
signed by all the members, request
ing the superior court to grant
vacation of six weeks, from July 20
to September 10, 1900. In compli-
ance with said petition, vacation
was accordingly ordered. Similar
action has been taken, on similar
petitions, both before and since 1900.
This in brief is the plea in justifica-
tion of the action of the Judge of the
superior court in absenting himself
from the county during the critical
period of nearly two months in the
summer of 1900. 1t simply amounts
to plea of guilty as charged Does
our cotemporary contend, will any
lawyer in town contend, that the
presentation of a petition by the
members of the local bar for a sum-
mer vacation, will justify a superior
judge-who is an officer in the en-
ploy of the state, and whose duties
are clearly defined by law-iu alb
senting himself from his Office for
six weeks at one time. The attor-
neys comprising the bar were petit
tioning for themselves for the
salaried officers of the court. They
merely asked that no cases should be
tried, or set for trial, during the
period covered by the vacation.
That their appeal for vacation
should be twisted into release of
the judge also from his duties is the
widest kind of logic. 1t would be
just as reasonable to say that the
entire court-comprising Judge, dis
trict attorney, sheriff and clerk-are
liberated from their sworn duties by
the same simple process. The prop
osition is too absurd for discussion.
1t is not true that superior judges in
other counties are accustomed to
absent themselves as was done here
in 1900 and at other times. In cities
having more than one super
ior judge, and where the judges
are pressed with business all the
time-which is not the case here-a
rest may be absolutely needed, but
never is the city left without SUI
perior Judge ready to transact bust
ness. In county like Amador, it
is absolutely necessary for good gov
ernment that the judge of the SUI
perior court be here, ready for the
transaction of business. Individual
and property rights are liable to
crop up at any time, and demand
immediate attention. Let us see
what the law says on this question.
Article VI sec of the Constitu-
tion of California says:
The superior court shall
be always open Qegal holidays and non
judicial days excepted)
To make it still more emphatic, if
that were possible, the same idea is
incorporated in the codes. Sec. 73
OF the code of civil procedure reads:
The superior courts shall be always
open illegal holidays and non-judicial
days excepted) and they shall hold their
sessions at the county seats of the sew
eral counties or cities and counties
respectively.
And yet in face of this obligation,
enthroned in the constitution and
reiterated in the codes, and accept
ed by every superior Judge before
entering upon the duties of his Office
with all the solemnity of an oath, we
are told that the law was violated.
and has been violated for years. be-
cause the bar of Amador county
asked for vacation. This line of
argument, pressed to its ultimatum,
means that the superior judge-an
Office created by law, and the officer
sworn to obey and enforce the law
is himself superior to the law; that
to suit his convenience or pleasure,
he can suspend or nullify the pro
visions of the constitution, or of the
codes, or both, whenever he sees fit.
A proposition so revolving to COM
mon sense it is needless to discuss.
We will now state the facts. In
July, 1900, the smallpox was raging
in Jackson. The disease at that
time was regarded with ten-fold
more terror than now. People were
leaving by scores, and business was
paralyzed. Moreover a presidential
election was pending, and less than
a month remained in which persons