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
Those who were making a fight for the measures were kept running between
the Judiciary Committee of the Assembly and that of the Senate. The
Senate Committee, while a majority of its members were against the
machine, was led by men who were not at all in sympathy with any plan
that was calculated to clear away legal cobwebs. On the pretext that the
reforms proposed were covered by the Bar Association bills, or that the
measures were duplicated by other bills, or that they were loosely
drawn, on any pretext, in fact, the Senate Committee recommended that
fifty-two of the sixty-five measures be withdrawn. And they were
withdrawn. Of the thirteen remaining, seven stuck in the Committee, died
there; five, just before the session closed, were referred back to the
Senate with the recommendation that they do not pass. They didn't. Of
the sixty-five bills, the Senate Committee gave only one favorable
recommendation. This lone recipient of Committee approval got back to
the Senate on March 5th. It died on the files.
Such was the fate of the measures prepared under the direction of the
Commonwealth Club for reform of the methods of indictment, trial and
appeal in criminal cases. The Bar Association bills received somewhat
better treatment.
Of the nine so-called Bar Association bills, eight passed the Senate;
the other died in the Senate Judiciary Committee. Of the eight which got
through the Senate, two were defeated in the Assembly, while six passed
that body and went to the Governor.
Four of the six Bar Association bills which passed dealt with the repeal
of those sections of the code which provide for bills of exceptions in
criminal cases and substituted the plan, described in considering the
Commonwealth Club bills, of providing the higher Court with complete
record of the testimony and the proceedings in the trial Court.
One of the two remaining measures requires sentence to be imposed upon a
convicted felon in not less than two nor more than five days after the
verdict or plea of guilty, with the right reserved for the Court of
extending the time to ten days. The sixth measure defines "a motion in
arrest of judgment."
Such was the outcome of the effort made by reputable lawyers and public
spirited laymen to eliminate quackery from the practice of the criminal
law. But measures calculated to make the practice of the criminal law
even more involved and technical than it is were granted more
consideration. Many of them passed both houses. How they were passed and
what they are will be considered in another chapter.
Public-domain text, read in full here on John Shaqi.
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