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
Drawn By Committees of the Ablest San Francisco Attorneys Not Under
Retainer of Prison-Dodging Captains of Industry - Measures Not Allowed
to Reach Senate or Assembly, but Killed in Committees - Grove L.
Johnson's Keen Opposition.
The graft prosecution at San Francisco not only brought the fact
squarely before the public that large corporations sometimes catch the
easiest way to achieve their purposes by bribing public officials, but
that it is a deal easier to pass a camel through the eye of a needle
than a millionaire offender through the legal cobwebs of technicality to
a cell at San Quentin or Folsom[72].
That the technical defense in criminal cases was subject to grave abuses
had been generally recognized. But it took the graft cases at San
Francisco to fairly rub this unpleasant fact into the law-abiding
element. Because for the first time in the practice of criminal law in
California, unlimited wealth was available to employ the best legal
talent to defend men under indictment.
The defending lawyers took advantage of every technicality. They
emphasized the most trivial of them. Gradually it began to dawn upon The
People that here were legal refuges, based upon the most absurd of
technicalities, the sweeping away of which would in no way injure the
substantial rights of a person charged with crime, refuges which were
available to the rich man but denied to the poor or moderately
well-to-do.
To be sure, any person accused could make his technical defense if he
had the means to employ the necessary counsel. But in face of the
astonishing performances going on in the courts at San Francisco, it
soon became apparent to the thoughtful, that no man, whose fortune was
expressed in terms of less than five ciphers could make such a defense.
Thus the unpalatable truth was forced home, that we have in California a
technical defense available for the rich man charged with crime, which
is in effect denied even those of the so-called middle classes.
With this conviction came demand of reform of the criminal laws to
ensure:
(1) A prompt trial of an accused person on the merits of the case.
(2) A prompt judgment in the case of a verdict of guilty.
(3) A prompt hearing of the case in the Court of Appeal.
The machine was, of course, against any such "wicked innovations," as
Assemblyman Grove L. Johnson would have called them.
However, at San Francisco, three considerable bodies, the Bar
Association, the Commonwealth Club and the Citizens' League of Justice,
took the matter up, and for months had the ablest lawyers of the State -
at any rate the ablest not retained for the defense of capitalists under
indictment - at work wrestling with the problem of simplifying the
criminal codes and doing away so far as possible with technical defense,
except in such cases as the substantial rights of the defendant might be
involved.
Public-domain text, read in full here on John Shaqi.
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