HN OʻMEARA........

ANNUAL REPORT.

SIR-I have the honor to report to Your Excellency the condition of the affairs of this Department of the Government, and to transmit a transcript of my Docket, as required by the Act "concerning the office of Attorney-General," passed February first, one thousand eight hundred and fifty:

During the past year, the labor of this Office has greatly increased, being, perhaps, at least three-fold that of any former period.

The Docket marked "A," which I transmit, contains only those causes to which I have officially appeared in the Supreme Court.

That marked "B" exhibits those in which I have appeared in the lower Courts.

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The law only requires the Attorney-General to appear in the Supreme Court; but, desirous to save the State from the heavy liabilities heretofore incurred for attorney-fees alone, I have given personal attention to.. every case in which the State or State Officers were interested, whenever possible so to do.

it was

An examination of the Dockets which I transmit will show reasonable

success.

I find that some of my predecessors have accompanied their Annual Report with a copy of the official opinions given by them during the current year. But as mine, up to this date, would fill a small volume, and therefore swell this Report most immoderately, I must be excused from following the precedent.

led to believe, from the number of cases coming into the Supreme Court, I have as yet received no reports from the District-Attorneys, but am and from statements made in the public journals, that there has been an increase of crime during the past year.

It affords me satisfaction, however, to say that many offenders ha been brought to justice, and that there has been but little complaint to the efficiency of the constituted authorities in administering and a forcing the law. The fifth section of the Act relating to the office of Attorney-Gener requires that officer, in his Annual Report, to "make such suggestions shall appear to him calculated to improve the laws of the State."

That our laws are imperfect, is obvious to all who execute them essential improvements may be devised, no one doubts; but I appreher that the great majority of defects will occur to the mind of any legis tor. Therefore, while complying with the statute, I shall make but fe suggestions.

remedies: one is by amendment of the Constitution which would be trict Courts only--which would be partial. The latter mode, however, complete; the other, by conferring jurisdiction in such cases upon Diswould involve the necessity of an increase in the number of Judicial Districts. If the Legislature should deem it prudent to take such course, then I would recommend a total abolition of the Courts of Sessions, by in all cases except petty offences, be conferred upon the District Courts, repealing the law providing for their organization, and that jurisdiction, leaving the latter to be tried by Justices of the Peace, with right of ap Phould be so amended as to authorize the Court or Judge granting the peal to the County Courts. The law concerning the writ of habeas corpus writ to make it returnable before a Judge of the County or District in which the party making the application is confined. As the law now enacts, a party imprisoned in one section of the State may make applicaThe Act concerning Crimes and Punishments should be so amended tion for the writ to a Judge in any other section, without regard to localto make the unlawful use or conversion, by a clerk, bailee, or other peity or circumstance. It may be directed from Klamath to San Diego; son, acting in a fiduciary or confidential capacity, of money, goods, and I am personally cognizant of the fact, that much valuable time of chattels, entrusted to him as such bailee, etc., a larceny. our Supreme Judges is consumed in hearing applications which should have been made to a District or County Judge of the proper vicinage. Permit me here to call your attention to the Act "For the better observance of the Christian Sabbath." The laws of nature demand a cessation from secular employment at least one day in seven. The moral code and custom designate as that day, the first of the week. I have no doubt that a bill may be framed, obviating all the objections urged to the Act of April tenth, one thousand eight hundred and fifty-eight. I am willing to assist in doing so, and, when drafted, earnestly recommend

Much the greatest part of the business of this State is carried on large companies, copartnerships, and foreign capitalists, who are necess ily compelled to entrust the management of their affairs to agents, clerk etc. The history of the country shows that not unfrequently the latte have proved faithless to their employers, and misused the trust repos

in them.

As the law now stands, before such persons can be held criminally ble for their bad faith, the prosecution must show a conversion with it to steal. And the consequence is, that scarcely a day passes in which do not hear of such conversion of moneys or effects by faithless employs and their acquittal by juries, upon the ground that they did not intends steal. I think if the law was more severe, and the punishment for its fraction more certain, such acts would occur less frequently.

The thirteenth section of the Act concerning Crimes and Punishment provides "that the party or parties injured, shall, in all cases, be comp tent witnesses;" and the fourteenth section declares "that no black mulatto person, or Indian, shall be permitted to give evidence in favor or against any white person."

that it become a law.

Amendments to the Revenue Laws may be advantageously made. As they are numerous, I will not incumber this report, with details, simply in this manner calling attention to the subject, and expressing my readiness to make specific suggestions to the appropriate Committees of the Legislature.

The same may be said concerning the Lands Laws, with this addition: that the Surveyor-General is willing to aid in making suggestions in relation thereto.

The law relating to executions in civil cases should be so amended as to authorize Sheriffs to levy upon, and take possession of, personal propterty in the custody of any other officer, held by virtue of an execution or attachment; requiring the latter to deliver his writ to the Sheriff, and making said writ in the hands of the Sheriff the first lien upon the property. Now, a Constable may levy an execution of one hundred dollars upon a piece of property of the value of one thousand dollars, and hold it his custody until sale, notwithstanding the fact that another execution against the same party, for nine hundred dollars, may have been placed the hands of the Sheriff subsequent to such levy, thereby greatly endangering the creditor's right to enforce the collection of his debt. The ggestion which I make will obviate all difficulty, and save the rights of

The Courts throughout the State, so far as I am informed, with the ception of the Court of Sessions, County Court, and Police Court, in County of San Francisco, give force only to the last section quoted cases of conflict, whilst the excepted Courts give force alone to the mer. This difference of opinion, (though in other respects immateris becomes all-important in the administration of justice, where a unifon system of jurisprudence, based upon the same rules and principles, quired in all parts of the State. As this question is not likely to arise in any other cases than in mist meanors, and as there is no appeal from a judgment less than a felos thereby precluding its transfer to the Supreme Court, I respectfully ommend the passage of an Act settling the conflict of which I ha all parties concerned.

spoken.

nal Laws of this State arise out of the inability to prosecute appesk The greatest hardships incident to the administration of the Crit

Courts are allowed to pass judgment of imprisonment in County, I have had under consideration several matters of importance, requir cases less than a felony. There are many misdemeanors, in which the for long terms, and to assess fines for large amounts, and yet, such jg legislative action; but, being yet unable to devise plans perfectly un

ments, under our Constitution, are final. For this evil, there are