Houston v. Williams

Citations

• 13 Cal. 24

Syllabus

<p>The Legislature cannot, require the Supreme Court to give the reasons of its decisions in writing. The constitutional duty of the Court is discharged by the rendition of its decisions.</p> <p>The practice of giving the reasons in writing for judgments is of modern origin. And it is discretionary with the Court whether it give an opinion upon pronouncing judgment; and if given, whether it be oral or in writing.</p> <p>A decision of the Court is its judgment, the opinion is the reasons given for that judgment. The former being entered of record immediately, can only be changed upon a petition for rehearing or a modification. The latter is the prope: ty of the Judges, subject to their revision, correction, and modification, until it is transcribed on the record with the consent of the writer, when it ceases to be the subject of change, except through regular proceedings before the Court by petition.</p> <p>The records of Courts are under the control of the Judges so far as essential to the proper administration of justice, and this control is beyond the reach of legislation.</p> <p>The Clerk of a Court, though a constitutional officer, is subject to its orders In the control of the records. The Court cannot, without great abuse of Its powers, take from the Clerk, in any way, the perquisites of his office for copies of opinions and papers on file.</p>