Amador ledger., 1904-08-19
ADDRESS TO THE VOTERS.
In Support Of the Proposed Constitution
al Amendment for the Creation
of District Courts of
Appeal

Amendment providing for District
Courts of Appeal, which proposed
amendment will be submitted to the
people at the general election to be
held Tuesday, Novem Der 8, 1904
We believe that change in the
judicial system of the state has become
an urgent public necessity, and we re
quest your earnest aid and co-opera-
tion towards the adoption of this
amendment.
The statutes of California for the
year 1903, at page 1877 ct seq, set forth
in full the changes proposed.
The system OF intermediate Courts
OF Appeal has for many years been in
force in the United States courts, also
in New York, Illinois and several other
states of the United States. 1t has
been found to give full satisfaction.
Shortly after the constitution of
1879 was adopted, it became apparent
that the supreme court could with
difficulty discharge the great mass of
business which even then was brought
before it. AS time progressed litiga-
tion increased and the court became
more embarrassed. In recent years
there has been an immense development
of the resources, industries and mater
ial wealth of the state accompanied
by a great increase of population. The
judicial business OF the state has in
creased in corresponding degree.
The supreme court still consists. as
it did in 1880. of seven judges. 1t is
still required, in addition to business
pertaining to its original jurisdiction,
to hear and determine all appeals taken
from all the superior courts of the
state. In the year 1885 it was found
necessary to do something for the re-
lief of the supreme ceurt, and an act
OF the legislature was passed authoriz-
ing the appointment of three supreme
court commissioners. Four years lat
or the legislature increased the number
of the supreme court commissioners
to five. And yet the supreme court
was unable to keep down the ever in
creasing number of cases submitted to
it; it is now hoplessly in arrears. This
condition OF affairs is certainly not due
to Incidence or neglect on the part of
the judges, as will sufficiently appear
from the fact that on an average the
court decides and files written opinions
in six hundred and fifty cases each
year; in this particular it's records COM
pare favorably with any court in the
United States. But as against this
large number of casess decided there is
an average of one thousand new cases
brought to the court each year. The
capacity of the court for work is limit
ed, but the number of new cases is not,
and will increase with the growth and
development of the state. Moreover,
experience has demonstrated that when
q supreme court is much in arrears
with its work that condition alone
fosters an increase of litigation; appeals
are taken for the sake of the DELAY
which they involve, or for the purpose
of coercing the prevailing party into a
compromise settlement.
The present supreme court COM
missioners have no power to decide
cases; their province is merely to pre-
pare opinions to be adopted or rejected
by the judges. 1t is manifest that the
judges must themselves examine the
cases before passing upon the commits
sioners' opinions, and so the work in
each case submitted to the commits
sioners is duplicated.
Under the change now proposed the
five commissioners will be relieved
from Office and in their stead there will
be three separate district courts of
appeal, each consisting of three
judges sitting at the same time in
different parts of the state, and each
having independent power to decide
and dispose of cases. The supreme
court will, nevertheless, hold the same
supervisory power over the district
courts which it now has over its own
departments. 1t is intended that
criminal appeals except in cases where
the death penalty has been pronounc-
ed), which now monopolize so much of
time of the supreme court shall be
heard by the district courts of appeal
Three district courts working con-
currently should promptly take up and
dispose of criminal appeals, and so a
great present evil will be corrected,
Criminals should be brought to justice
speedilyI the criminal law loses its ter
rors when, as at present, conviction
and punishment can only be meted out,
if at all, several years after the COM
mission of the crime.
The objection to a multiplicity
OF appeals does not apply to this amend
ment. There is but one appeal as be-
fore, to be taken. either to the suprem