San Francisco Call, Volume 78, Number 22, 22 June 1895 — THE SUPREME COURT [ARTICLE+ILLUSTRATION]

THE SUPREME COURT

From Chief Justice Hastings to Chief Justice Beatty. A LONG ROLL OF HONOR. California's Bench and Bar Contributed of Their Brightest Men. TERRY SUCCEEDED BY FIELD. The Legal Giants of the State and Some of the History They Have Made. PERSONNEL OF THE SUPREME COURT OF CALIFORNIA. CHIEF JUSTICE. W. H. BEATTY. ASSOCIATE JUSTICES. T. B. McFARLAND. RALPH C. HARRISON. C. H. GAROUTTE. W. C. VAX FLEET. JACKSON TEMPLE. F. W. HENSIIAW. COMMISSIONERS. I. S. BELCHER. Niles Pearls. P. Van Clief. John Hawses. E. W. Britt. OFFICERS OF THE COURT. W. F. Fitzgerald Attorney-General J. C. Daly Deputy Attorney-General ('ha?. H. Jackson Deputy Attorney-General W. A. Anderson Deputy Attorney-General T.H.\Vari> ."....Clerk R. A. Marshall Chief Deputy Clerk, S.F. A. W." Johnson Deputy Clerk, San Francisco J. J. Duncan Deputy Clerk, San Francisco H. A. McCraney Deputy Clerk, Sacramento F. C^AVooDBURY..... Deputy Clerk, Los Angeles A. M. McPherron. ..Deputy Clerk, Los Angeles C. C. Pomeroy. Reporter H. J. Gear Assistant Reporter Frank T. Meagher Secretary H. C. Finkler .Secretary D. B. Woolf Secretary to Commissioners E. A. Girvin Phonographic Reporter Ezra B. Washburn Bailiff William H. Russell Bailiff The foregoing is a complete list of the Justices ami all the oilicial attaches of the Buprem* Court of the State of California. The court itself is an exceptional body in many respects. It is the highest judicial body in the State, and having conferred upon it by the constitution of 1579 the power and the responsibility of nullifying acts of the Legislature, when, in the judg- ; ment of the court, these are in violation of the constitution or an abridgement of the personal liberties of the citizens of the commonwealth, the Supreme Court is even more than the highest judicial body in the State. It is also the highest, the most powerful and the most responsible body of officials in the State. Next to the people as ■ whole, there is no power so great in the State as that wielded by the seven gentlemen who compose the Supreme Court. The present Supreme Court of California, ■in! ike that of most of the other States in the Union, is divided into two departments, so that unless the court elects to -it in bank for the hearing of certain I ini;*ortaut. cases or the decision of so rue I abi.tni.se legal technicality its usefulness is j increased by half, and - under ordinary cir- ' cumstances the body is enabled to perform I

twice the amount of labor that the court in j bank could perform. \ At least this is the theory upon winch ; the division was made, and in some cases ' the practice works admirably. However, appellants dissatisfied with the verdict ! rendered in one department are at liberty ! to have their cause decided upon by the ! otiier department, since they are legally j entitled to the judgment of the full bench. And thus it is that often the fact of the | Supreme Court being divided into separate department* defeats the purpose for which the division was made. Upon the whole, ! however, the pian has been beneficial", and v is a fact that the Supreme Court of Cal- j ifornia, unassisted as in many other States j

by lower courts of appellate jurisdiction, yet performs more work th.in almost any | other corresponding body in the United States. Whether sitting in bank or in depart- ! ments, the Hon. W. H. Beatty is still the j (Jhlef Justice and «x-ofncio presiding officer of the court. The departments are ap- ] portioned as follows: Department One. Ralpii C. Harrison Justice presiding C. H. Garoitttk Justice 11. C. Van Flevt Justice j Department Two. T. B. McFarland '. Justice presiding Jackson Tkhtub Justice ¥. AY. Henshaw Justice The Supreme Court sits in San Francisco, ! in Los Angeles, and in Sacramento, though j its chief headquarters are in this City, and ] a much Larger percentage of its business is i transacted for and in San Francisco dis- j trict. The terms of the court are: At Han Francisco on the second Monday in January and on the third Monday in July. At Los AngeJes, on the lirst Monday in April and the second Monday in October. At Sacramento, on the first Monday in May and the second Monday in November. The three Supreme Court districts of t lie State embrace the several counties as follows : District of San Francisco — Alameda, Contra Costa, Del None, Humboldt. Lake, Marin, Maripqsa, Mendocino, Monterey. Napa, San Benito. San Francisco, San Mate O, Santa Clara, Santa Cruz and Sonoma. District of Los Angeles — Inyo, Kern, Los Angeles, Orange, Riverside," San Bernardino, San Diego, San Luis Obispo, Santa j Barbara and Ventura. District of Sacramento — Alpine, A mador, Butte, Calaveras, Colusa, El Dorado. Fresno, Glenn, Kings, Lassen, Merced, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano. Stanislaus, Sutter, Tebaraa, Trinity, Tulare, Tuolumne, Yolo and YubaThe present Supreme Court holds under the constitution of California adopted by the people in 1879. One of the provisions of the constitution that created the Supreme Court was that the terms of the Justices' service was to be twelve years — excepting, however, the terms of t*he lirst seven Justices elected under the new law. Of these the Chief Justice and two Associate Justices should hold office'for a period of twelve years. Two Justices shouid hold fora term of eight years, while the terms I of the remaining two Justices should exj pire at the end of four years. The first election was held September 3, 1871), and on the sth day of the following j January (1880) the new court organized with the following "members: CHIEF JUSTICE. ROBERT F. MORRISON. ASSOCIATE JUSTICES. SAMUEL BELL McKEE. E&SKIKE M. ROSS. JOHN R. SHARJ'STELX. J. D. THORNTON". E. W. M. KINSTRY. M. H. MY KICK. The classification as to the terms of office, except that of the Chief Justice, was I determined by lot. Ross and Sharpstein j drew the four-year terms, McKee and Myrick drew the eight-year terms, and Thornton and McKinstrv drew the long terms. Chief Justice Robert P. Morrison was the unanimous nominee of the State conveni tion of the Workingmen's party, which ! met in this City June ."., L 879. He was also j the nominee of the Democratic convention | that assembled subsequently. Judge Morrison had practiced law in San Francisco for a good many years, and from IH7O till I : his election on "the Supreme bench he was j (Judge of the Fourth Judicial District, a court analagous to the present Superior i Court. At the election in the fall of 187<t ! Judge Morrison polled 72, "WS votes, us against 0-\'_':2iS foi A. L. Rhodes, the Republican candidate, and 13,906 votes tor Nathaniel Bennett, the candidate of the New Constitution party. Chief Justice Morrison served on the Supreme bench until March 2, 1857, which is also the date of his | death. In April, 1887, Governor Bartlett ap- j pointed Niles Searls to succeed Morrison as Chief Justice until a successor should be elected. William 11. Beatty was chosen at the | polls mi 1388 to serve the unexpired term of Morrison, deceased, as Chief Justice of \ the Supreme Court. He was the nominee of the State Convention of the American I

party, which met in this City on July 4. Subsequently, at the convention of the Republican party, Beatty was again nominated. At the election his vote was 124, 617, against 119,901 votes cast for NUeaSearis, the Democratic candidate. In 18U1 Chief Justice Beatty was again the nominee of the State Republican Convention to succeed himself. His vote at the following election wa3 133,09."), against the Democratic vote of 113.018 for J. A. Stanly. Jlis term will not expire now until January. 1903. Chief Justice Beatty is a most exceptional man. Since his service on the Supreme bench his rare judicial qualities have won him an almost National fame. His political

affiliations have been forgotten. He is no the Twenty-third Judicial District. Ralpn longer known as a Republican, but as the C. Harrison was the nominee, in lSyi, of Chief Justice. He is one of the most I both the American party convention and highly esteemed and respected men in Cal- j the State Republican convention. His iforni'it. William H. Beatty was born in | term will not expire until 190."5. Prior to 1838 at Monclover. a small "town near To- i his election on the Supreme bench, Mr. ledo, Ohio, alid has been on the I'aciiic | Harrison was a member of the well-known Coast forty-three years. His tut«r in tne i law firm in this City of Jarboe, Harrison law was his father, then a practicing attor- & Goodfellow. His election gave great satney at Sacramento. It was in this city isfacticn to the members of his own prowhere the Beatty faniilv settled when ft fession, who know "uini as a learned advoreached California in 1852, and the Chief | cate and wise Judge. Justice of the Supreme Court still claims j Justice McKinstry, the second of those Sacramento as his residence, though his ! who drew the long term, resigned from the duties have made it necessary for him to | Supreme bench in October, 1888. He had live in San Francisco most of the time. j served on the old Supreme Court continuIn 18H3 Judge Beatty removed to Ne- | ously since 1874. vada. and remained there eighteen years. The name of Elish W. McKinstry is one During that time he served as District of the most famous in the history of the Judge from ISG4 till 1874, and subsequently San Francisco bench and bar. He was a became a Justice of the Supreme Court of j District Judge in 1852. Prior to that, beNevada. He served a full term of six I ing a California pioneer, he was a member

years in that capacity, and in January, ' 1881, returned to California and resumed j the practice of law in Sacramento. Chief j Justice Beatty is still a young man, as I members of the Supreme Court are count- ! ed, and does not even look his 57 years, j Though his hair and beard are somewhat more than gray, yet his figure is robust and erect and time seems to have used him gently. Members of his own profession ! honor him for his rare legal knowledge »nd his judicial wisdom. Laymen and all who know him, in fact, not only respect him,

] but like him exceedingly as a man and a i friend. Of the two Associate Justices of the Su- \ preme Court under the new constitution I who drew the twelve-yer.r terms, the first was Justice Thornton. He served his f nil term, which expired in January, 1891, and was succeeded by the Hon. Ralph C. Harri- ! son. Judge Thornton is one of the oldest i and besi-known jurists in the State. As : early as 1850 he took an active interest and played a prominent part in Democratic ' politics. In 1802 he was made a State comj mitteeman of what was then called the ; Breckinridge Democratic party. From | 1878 till his election to the Supreme bench j in the following year he served as Judge of

of the first State Legislature, representing ' Sacramento in the lower branch. By the succeeding Legislature be was elected adjutant-general, though at that time but 24 years of age Thomas B. Van Buren nominated him in tiie Senate, and Jesse D. Carr in the Assembly. He left this cilice to go on the District bench. At the end of his term as District J udge, in 18f>8 he was r< -elected, lit: iv«'nl to Wasboei the Hush times, and in 18(4 he and Joli R. McConnell and W. C. Wallace were th Democratic nominees for Supreme Justice of the State of Nevada. All of them wer defeated. He returned to California am located in San Francisco, where, in2Bt>7, h was elected County Judge for a term o four years. In 18(>D he was elected Judge of the Twelfth District Court, running as an independent candidate. In 1873 he was elected Justice of the Supreme Court, again running as an independent candidate. He was born in Detroit, Mich. Upon the resignation of Justice McKinstry Governor Waterman appointed John. J). Works to till the vacancy, and at the following election in 1888 Justice Works was chosen to succeed himself. The Justices who drew the four-year terms, Ross and Sharpstein.both remained on the bench till the end of their terms in I*B:.', when each was re-elected to succeed himself. In 1880 Justice Rosa resigned from the Supreme bench, and at the following election for the Supreme Court in the same year, Jackson Temple was chosen to succeed him. At the same election A. Van 11. Paterson and Thomas B. McFarland were elected to succeed Justices McKee and Myrick, whose terms had expired. Here is an interesting bit of history in connection with the service of Jac Temple on the Supreme bench. He is one of the most widely known men in the State. His own abilities at the bar and afterward on the Superior bench of Sonoma County gained him a great deal of fame that was justly earned. But the mettle of tha man was perhaps best shown — certainly more notoriously shown — by his on in the famous trial of Ellen M. Colton, widow of the railroad millionaire, versus Letand Stanford and the directors of the Union Pacific Railroad. When Jackson Temple assumed the unexpired term of Justice Ross he began his second term of othce on the Supreme bench, having served as an Associate Justice on the <i!i! Supreme bench between the years 1870 and I*7:.', and singularly enough 'his previous term on the Supreme bench had also been to liil an unexpired term of a Justice who resigned. It was Justice Sanderson, who, having been re-elected to succeed himself, resigned in January, 1870. Tnis second term of Jackson Temple on the Supreme bench was destined to be a brief on for two years later, in 1889, he_ resigned. Charles K. Fox was appointed" by th Governor to fill the vacancy created in th onexplred term of Judge Ross by the resij. nation of Jackson Temple. Fox serve* until 1891, when J. J. de Haven was elect© to serve out the unexpired term of Jackso Temple. This term expired Decembe 1594, when, as the fates would have i Jackson Temple was elected to succeec Justice de Haven. Justice Sharpstein, the second to draw the short term under the new constitution served out. his term with much honor t himself, and in 1882 was re-elected to sue ceed himself. He served ten years of hi second term and was then gathered to hi fathers. He died in December, ]S!t-_ Judge Fitzgerald, now the Attorney-Gen oral of California, was appointed to serv Justice Sharpstein's unexpired term When that, term expired, at the end o last year, F. W. Hensbaw was elected t succeed Justice Fitzgerald. Judge Hen shaw was reared and educated in Alanicd County. He graduated from the Srai University and has served on the bench i Alamtda County in various capacities first ns a Justice of the Peace, then a3 Po lice Judge and then as Judge of the Superior Court. His career in his profession has been a steady growth until now there is but one judicial officer — the Chief Justice — above him.

JUSTICE STEPHEN J. FIELD, -t-X-CHIEi- JUSTICE OF THiS SUPREME COUST OF CALIFORNIA. {From a photograph by Tuber.]

CHIEF JUSTICE W. H. BEATTY, SUPREME COURT OF CALIFORNIA. [From a photograph by Taher.}

S. C. HASTINGS, THE FIRST CHIEF JUSTICE OF THE CALIFORNIA 3UPRI2ISE COURT. [From a pjiolograph.]