The San Francisco call., 1907-06-25

Unless Superior Judge J. G. B. Heb
bard, against whom the grievance com
mittee of the bar association has filed
formal charges of gross intemperance
and unfitness to perform his judicial
duties, resigns his position on the SUI
perior bench at once a special session
of the legislature will be called for the
purpose of bringing impeachment pro-
ceedingS against him. Such recon-
mendation has been made by the COM
mittee which tried the charges against
Judge Hebbard, and Governor Gillett
has stated that he will call such extra
session if Hebbard's removal from the
bench cannot be otherwise accom-
plished.
The formal report of the enlarged
grievance committee of 20 members ap-
pointed by the bar association for the
purpose of trying the charges made
against Hebbard by the committee of
inquiry was filed yesterday with Secre-
tary George Martin of the bar associa-
ton and will be taken up at the regu-
lar meeting on July II unless it should
be deemed advisable to call a special
meeting for the purpose in the mean
time. The report explains in detail the
steps that We're taken by the committee
to bring Hebbard to trial and concludes
with the recommendation that three
formal resolutions be adopted by the
association as a whole.
The first of the resolutions recon-
mended is that Hebbard be requested
to resign, the second that the presiding
judge of the superior court be request
ed to withdraw from Judge Hebbards
department all cases now pending
therein and refuse to assign others to
the department, and the third that in
case Hebbard does not resign at once
the governor be requested to call spe-
cial session of the legislature to act in
the matter of impeachment.
The sentiment of the bar association
as whole precludes any doubt that the
committees report will be accepted and
acted upon without further delay, and
there is just as little doubt that the
special session of the legislature will
be necessary. Hebbard's actions assure
this. He has ignored the action of the
bar association ever since the charges
against him were first made. has re-
fused to appear in his own defense and
has announced unqualifiedly that he
will not resign regardless of what
pressure may be brought to bear
When Hebbard's acts in and out of
the courtroom first raised the question
of his fitness to occupy a seat on the
superior bench Governor Gillett dis
cussed the matter freely with several
members of the legislature and de-
clared that should the charges against
Hebbard be formally acted upon by the
bar association and the matter referred
to him for action he would call spe-
cial session of the legislature to have
impeachment proceedings carried out
The possibility of extending the regu-
lar session of the legislature until the
matter could be acted upon was dis
cussed before the adjournment on
March Il, but at that time it seemed
inadvisable to prolong the session.
Now, however, the action of the bar
association has been taken. Hebbard
has refused to step down and out with
out summary proceedings being taken
and the bar association will call upon
Governor Gillett to carry out his prom
iSe.
WILSON CASE, TOO
If the special session is called it is
probable that the Hebbard matter will
not be the only impeachment with
which it will have to deal. Railroad
Commissioner Andrew Wilson, the for
mer member of San Francisco's bood-
ling board of supervisors, is also slated
for a share of the legislatures atten-
ton. Wilson has held his place as rail-
road commissioner in the face of Gov
ernor Gillett's request for his resigna-
ton, simply because Gillett has been
powerless to remove him. Wilson has
found 1t unnecessary to make any de-
fense of his position, but secure in the
knowledge that impeachment proceed
ings before the Legislature would be
imperative before he could be ousted,
has held on and detied Gillett to do his
worst The special legislative session
will give the governor the opportunity
he has been seeking to reach Wilson
and will result in the killing of two
birds with a single stone.
While 1t would be a heavy item of
expense to the state to call special
legislative session, the saving to San
Francisco through the removal of Heb
bard alone would be far more than
commensurate to offset this Heb
bard's erratic decisions and rulings
have already been the cause of heavy
public outlays for litigation and Gill
lett himself has stated his belief that
1t would be less expensive to remove
Hebbard from office and place another
man in his position than it would be to
retain him.
The full report made by the commit
tee of the bar association, which will
be taken up for action at the next
meeting of the body, is as follows:
To the Bar association of San Francisco-Gen.
tlemen: The enlarged grievance COMMITTEES Of
20 members, appointed for the purpose of irving
the charges fled with your association on Nav
10. 1907, by the committee of inquiry consist
Ing of Messrs Matthew /. Sullivan Samnel
knight and Robert 7. Deylinl concerning ',de the
conduct of Judge ]. G. B. Hebbard respecffnIIy
mittee of inquiry are IN the following lsnrnaca.
San Francisco. Cal May 10 I907-'To fhe
San Francisco Bar association and Walter p
Cope Esq, its president-Gentlemen: y,,,ss
committee. consisting of the undersigned an
pointed to investigate the charges 6erefoforra
publicly and privately made against Judge r.
b. Hebbard, reports as follows: y
We have made investigation vhatavsr
regarding the character of any decision or rnIing
made by Judge Hebbard, deeming such investi
gation' without the scope of the commitfaa,s
duties. Upon careful consideration however
OF all the facts brought to our attention as well
as statements made in his behalf we find and
hereby charge that Judge J. G. B. Hebbard
is grossly incorporate in his habits; that durino
the last past year lie has frequently an
peared In and about his courtroom in the nuhIic
streets and elsewhere, in intoxicated condi
tion and that he is addicted to the use Of In
toxicating liquors at such time in such nnan
titles and under such circumstances as to sar
iously impair his mental capacity and render
him unit to properly perform his judicial duties
- We, therefore, recommend that tbe Rar
association, through its appropriate committea
In due time and manner, proceed to trv IN.
charges hereby presented.
. Matt 1. Sullivan, chairman; Samuel knight
Robert T. Devlin.'
'.The enlarged grievance committee met on
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