Story of the Session of the California Legislature of 1909 by Franklin Hichborn
page 163 of 366 (44%)
page 163 of 366 (44%)
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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 |
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