The San Francisco call., 1910-12-28

New, let us look calmly at this matter
and see if there is any reason for it,,
1t has been the common tendency of
men for the last 1000 years, and as far
back as history records the transactions
of mankind, to refer to former days as
the good old times" and bewail the
degenerated. The poet Horace some 20
centuries ago spoke of the habit which
old people INDUCED in of t,amoaning
the excellent days when they were boys
But If we look back. at the past and
compare 1t with the present time we
Will find that at no period in the worlds
history have men been either more
moral or more manly or more truthful
than they are at the present time
no time have they been less cruel and
sanguinary; at no time more generous
and just; at no time more merciful to
the weak and helpless.
REFORM IN LAWS NEEDED
In the law it may be conceded that
We have some need for reform, but not
such need as to create a condition of
commotion, and turn everything into
confusion. and upset those rules which
have fashioned and nodded our system
based on experiences The growth and
changes in the law have heretofore
followed and should follow Lord Ba-
cons rule: 1T were good therefore
that men in their innovations would
follow the example of time itself
which indeed innovateth greatly, but
perceived" Then It is to You, gentle.
men OF the bar. that we look for that
conservative patriotism which will pre-
serve the learning and precedents of
the great masters who have pre-
ceded us.
What is all the hue and cry, we
have heard for the last three years
and what are the reasons for it? IT
has been caused by one peculiar set of
cases, prosecuted under peculiar condi-
tions, and surrounded by peculiar cir
eumstances, well known to every
thinking member of the bar. In Janu-
ary, 1878 our penal code took effect.
1t was the result of much thought and
commissioners. Creed Raymond and
John G. Burch assisted by such jurists
as Jackson Temple and stephen j.
Field
PRISONS FILLED
Under 1t the percentage of convic-
tions has been greater than in ma
Jority of the states of our union. Our
penitentiaEies have been filed and the
criminal has been punished. 1t served
us purpose Well for nearly half a CEN
tury until at the last meeting of the
legislature, when 1t received a severe
blow / have not the time. nor would
considerable expense and increase in
eriminaI work caused by the amend
ments hastily and unadvisedly passed
by the last legislature.
Where we used to have a written no
t1ce OF appeal and a statement settled
in an orderly manner. we now have the
llSHt gwen 70 every ue1endant In
criminal action orally to announce his
intention TO appeal, and the appeal is
taken The reporter is then to tran
scribe into longhand the entire record,
and to be paid for such work by the
entire county. Formerly the defendant
could not complain of an erroneous
ruling unless he took the pains to ex-
cept to it and call the attention of the
trial judge to it.
The number of appeals before the
code was reformed in this manner was
10 or II ito each term; they have since
increased TO 30 or 40. point out this
mistaken innovation to you as an ex-
ample and | therefore urge on every
member of the bar to wofk against the
constant change in the law without
reason.