The Establishment of State Government in California 1846-1850
The Establishment of State Government in California 1846-1850
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^ Ibid. , 223. ^ Ibid. , 224, 233. THE DEPARTMENTS OF GOVERNMENT 97 2. Appellate Jurisdiction of Supreme Court Limited The fourth section of the series proposed by the special committee was also accepted by the Convention, but im- mediately after its passage Noriego raised objections to it because it did not place proper limitations on the appellate jurisdiction of the Supreme Court. He suggested that it be limited in its appellate jurisdiction to sums amounting to $200. A motion to reconsider ...the fourth section then passed the House by a majority of fifteen to thirteen. ^ It was urged against the adoption of such an amendment (i) that frequently difficult measures and principles of the utmost importance — questions which had embarrassed the highest courts in the country — had turned upon amounts below $200; 2 (2) that the adoption of such limitations would be especially hard on poor people because it would shut them off from the higher courts; (3) the majority of cases below $200 were brought into court by this class and they should be permitted to avail themselves of the highest judicial tribunal; ^ (4) that local judicial officials might be prejudicially inclined toward the rich of their community, which would make it very difficult for the poor to obtain unbiased decisions; ^ (5) that the principle of appeal was a just and righteous one and should not be denied any class of people ^ or limited in any way.
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To quickly assess the difficulty of the text, read a short excerpt:
^ Ibid. , 223. ^ Ibid. , 224, 233. THE DEPARTMENTS OF GOVERNMENT 97 2. Appellate Jurisdiction of Supreme Court Limited The fourth section of the series proposed by the special committee was also accepted by the Convention, but im- mediately after its passage Noriego raised objections to it because it did not place proper limitations on the appellate jurisdiction of the Supreme Court. He suggested that it be limited in its appellate jurisdiction to sums amounting to $200. A motion to reconsider ...the fourth section then passed the House by a majority of fifteen to thirteen. ^ It was urged against the adoption of such an amendment (i) that frequently difficult measures and principles of the utmost importance — questions which had embarrassed the highest courts in the country — had turned upon amounts below $200; 2 (2) that the adoption of such limitations would be especially hard on poor people because it would shut them off from the higher courts; (3) the majority of cases below $200 were brought into court by this class and they should be permitted to avail themselves of the highest judicial tribunal; ^ (4) that local judicial officials might be prejudicially inclined toward the rich of their community, which would make it very difficult for the poor to obtain unbiased decisions; ^ (5) that the principle of appeal was a just and righteous one and should not be denied any class of people ^ or limited in any way.
What to read after The Establishment of State Government in California 1846-1850?
You can find similar books in the "Read Also" column, or choose other free books by Cardinal Goodwin to read onlineMoreLess
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