Story of the Session of the California Legislature of 1909Hichborn, Franklin
History
Story of the Session of the California Legislature of 1909
Hichborn, Franklin
California -- Politics and government
To this end, the measures provided that upon conviction the defendant
must be sentenced forthwith, and if appeals were taken, taken on the
judgment. Instead of the cumbersome bill of exceptions, which required
weeks and sometimes months to prepare, it was provided that the entire
testimony given at the trial, together with the complete minutes of the
proceedings, should be sent to the higher tribunal. This would place
before the Appellate and Supreme Courts all the facts and testimony
which the Lower Court had considered. This feature of the Commonwealth
Club bills was also covered by the measures which had been prepared by
the Bar Association.
Under the proposed Commonwealth Club amendments, the defendant was not
permitted to appeal on questions referring to the trial jury panels or
the Grand jury, nor on any error not affecting his substantial rights.
Error in an immaterial issue, or of not sufficient importance to affect
the substantial rights of the defendant, was not, under the provisions
of the Commonwealth Club bills, to be held ground for reversal.
"We believe," said the Committee which drew up the Commonwealth Club
bills, "that what we have proposed is in no way revolutionary and
deprives the accused person of no substantial right. The amendments
proposed are merely designed to make the present law more effective, to
relieve the Courts from the necessity of considering trivial matters and
to aid in determining more promptly whether a person accused of crime is
innocent or guilty."
The bills as introduced in the Assembly were referred to the Assembly
Judiciary Committee. In the Senate, the bills went to the Senate
Judiciary Committee.
The promoters of the Commonwealth Club bills made the mistake of
treating the machine Senators and Assemblymen as men who could be won
over with reason and plain statement. Instead of fighting for their
bills and demanding their passage, the agents of the club were willing
to listen courteously to suggestions from tricksters intent upon the
defeat of the measures, who were only playing for time.
Carroll Cook was at Sacramento lobbying against the bills, as were
others of that gentleman's view of affairs. Cook actually appeared
before the Assembly Judiciary Committee on invitation of one of its
members. The courtesy shown him by Grove L. Johnson, chairman of the
Committee, was touching or nauseating, as one might view it. Johnson,
who was in effect the Committee, took occasion on the day of Cook's
appearance to denounce the measures as revolutionary, unconstitutional,
vicious.
It is interesting to note that sixty-three of the sixty-five bills as
introduced in the Assembly never got beyond Johnson's Committee. They
died right there. The two exceptions got out of the Committee in the
closing days of the session, one on March 10th, the other on March 20th.
They were reported out with the recommendation that they do pass. It was
then too late to take any action on them. They died on the Assembly
file.
Public-domain text, read in full here on John Shaqi.
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