Los Angeles herald., 1909-02-15
WANT LAW TO
PROTECT RICH
CODE AMENDMENT FAVORS
WEALTHY CRIMINAL.
Senator Weed and AssembIyran
BeardsIee Seem Determined to En-
act Measures Which Will Ham.
per Graft Prosecution
Especial to The Herald ]

SACRAMENTO, Feb. 14.-Senator
Weed and Assemblyman Beardslee
seem determined to get through the
legislature some sort of code amend
ment that will make it more difficult
than ever to secure the conviction of
men rich enough to keep their cases
going interminably.
Beardslee has offered an amendment
(Assembly bill No. 46) providing that
a, new trial must be granted by a trial
judge or by ali appellate court When
the misconduct of the district attorney
has tended to prejudice" the rights of
the defendant. This throws the door
wide open, and under this provision
any defendant may get a new trial if
either the trial judge or the appellate
court states that the district attorney
has said or done something which
tends to prejudice" the rights of the
defendant.
The bill of Senator Weed, to which
reference has been made, is senate bill
No. 40, amending the Civil Code by
providing that irreguIarity in the pro-
ceedings Of the court jury cor adverse
party by which either party was pre-
vented from having a fair trial, cor
that the verdict or decision Of the evil
dence" shall be sufficient grounds for
vacating the former verdict or other
decision and the granting of a new
trial
The enactment into law of either of
these two bills, in the opinion Of emil
nent legal authorities who have care
fully examined them, would seriously
hamper the graft prosecution in San
Francisco and might render criminals
of a certain class practically immune
from punishment. Many other bills
along the same lines have been intro
duced in both houses.
y. 1tcs
is to break down what slight safe
guards We now have against the re-
versal of verdicts by juries.
The peoples lobby has called the at
tention of some of the county officials
of California to assembly bill No. 684,
introduced by Assemblyman Walter R.
Leeds of Los Angeles. 1t is measure
which, according to the judgment of an
eminent 7 4oss Angeles attorney, provides
that violations of the law against race
track gambling may be prosecuted in
the justices courts for the respective
townships.
Another feature Of it appears to have
escaped general attention. One of it's
purposes apparently is to prevent a
district attorney from conducting the
prosecution of ''blind pigs" in a jus
tees court outside of the township in
which the blind pig is located.
Heretofore the district attorney, in
order to get action against these blind
pigs sometimes has been compelled
to take the case from on, town to an
other in the same county, where the
proprietor of the resort would not have
sufficient influence with the justice
court to prevent a verdict against him.
In spite Of the greatest vigilance on
the part of the peoples lobby and 9TH
ers who are working in harmony with
that institution, it is feared that unless
the people of the state who are inter-
ested in the administration of justice
impress upon their representatives in
the legislature in one way or another
the fact that they are closely watching
the course Of legislation. some Of these
vicious measures will reach the gov
ernor.