The San Francisco call., 1910-04-11
FOOL DECISIONS
| RENDERED BY
FOOLSON BENCH
So Says Justice Cooper of Court
of Appeal, Referring to
Superior Judges
Judicial Ernline of Brethren Is
Ripped to Shreds by Dis
Ciple of Blackstone

The judicial robes clothing with
dignity the portentous forms of the
judges of the superior courts of the
state were ripped to futtering shreds
by Judge j. A. Cooper, presiding JUS
tice of the court of appeal yesterday.
when, in criticising the long terms to
he intimated that many of the judges
were fools of the first water. Also, he
laid particular stress as to what brand
of fools they were, the same being ex-
pressed in one loud, emphatic and ex-
plosive damn"
Then, having given the preliminary
rip he started in to finish the Job, and
when he had concluded the judiciary
of the superior court was left standing
with nary stitch of ermine on their
backs. He trampled upon sacred places
with heavy feet. He walked in where
politicians had feared to tread His
views, long bottled up, were uncorked
with a startling pop.
Expresses His Opinions
Perhaps" he said, as he finished, "I
ought not to give my views so freely,
but if the public is interested in them
it might as well have them l have
been accused of being too independent
well, 1 would rather have it so. Such
are my opinions and l don't give hang
what anybody thinks of them
The uncorking was brought about
by the criticism of Colonel Charles M.
Sonntag, a member of the board of
prison directors, who, at the meetin &
of the board last Saturday, declared
that the judges of the superior court
were unfair and unjust in the SEN
fencing of criminals TO the penitentiary.
1t developed at that meeting that the
prison population was growing to an
to the fact of the long sentences which
the criminals wisi-e given.
Use No Discretion
The judges do not seem to use any
discretion" said Sonntag. There is a
haphazard system of punishment which
I can not understand. One prisoner is
given three years for an offense, while
another is given Is for similar crime
under similar circumstances. Then,
again, first offenders are not treated
with that leniency which their cases
would warrant. We have one instance
of a judge in Fresno county sending a
boy of 16 years to a term of so years
in the penitentiary for a holdup.
should think that the judges would do
well to meet once or twice a year to
arrange some uniform system of pun
ishment"
This statement was the foundation
on which Judge Cooper stood when he
stretched out to rend the judicial robes
of the superior court
What do 1 think?" he said. We'll,
if the people elect fools to the judiciary
Il might say d-n fools-they must
expect fool decisions"
Such was the beginning, and through
out his views were of similar tint
Sentences Too Long
right" he said; perfectly right The
sentences are too long in many in
stances. That judicial discretion which
the superior court is presumed by the
public to exercise is too often lacking.
Sentencing criminals appears to be
made a medium for gaining political
popularity, and it is my opinion that
judges far too frequently allow them
selves to be swayed by public clamor,
hoping that by sending prisoner to
the penitentiary for a long term they
will gain the approval of the public
TT is this constant keeping of the
judicial ear to the ground to catch the
political whisper that has brought
about widespread distrust and lack of
faith in the state courts.
"As for a meeting and conference of
the judges, 1 do not believe such plan
will produce any good result. AS far
as the judges of the higher courts are
concerned we can but offer suggestions
and such a conference would turn out
to be nothing more than a series of
lectures on judicial discretion. If a
mans legal training and education are
not sufficient to clothe him with that
discretion, them 1 cannot see how he
can attain it at a meeting of his fell
lows.
In Hands of People
The question of judicial discretion
can never be the same. 1t was stated
long ago that decision of Judge in
chancery would differ from another
Judge just as the size of his feet would
differ. If the people place this power
of discretion in the hands of those who
do not know how to use it, they must
expect the natural result of injustice