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# stituting the thought of another and
.
.
.
Thinking
Out Loud
© first year of the independence of the
~ to deliver to him control of the Sup__He-plainly.expects Congress to place
H. M. L.
In this column today we are subfar abler editor, who writes in the
Néw York Herald Tribune upon
President Roosevelt’s proposal to
“pack” the Supreme Court. Under
the title of “Striking at the Roots”
the New York editor utters a protes ha has he whole hearted endorsement, of the Nugget. It is reprintéd in the hope that all thinking
Americans who read it will be aroused to the menace which the President’s plan holds for this country.
In this one hundred and _ sixtyUnited States, President Roosevelt
has brought forward a proposal
which, if enacted into law, would
end the American state as it has existed throughout the long years of
its life.
The plan is put forward with all
the artistry of the President’s political mind. He speaks in the name
of “youth,” always a popular and
appealing note. He dangles before
the House and the Senate fifty new
and important jobs, always ripe and
luscious bait for the congressional
mind. He ingeniously conveys the
impression that all he seeks is &
routine and moderate effort to speed
up justice and improve the whole
Federal bench.
Yet, beneath this veneer of politeness, the brutal fact is that President
Roosevelt would pack the Supreme
Court with six new justices of his
own choosing. The argument discusses the Federal courts in general
terms. The law’s delays, due to clogged calendars, are made the chief
basis for the action asked. These do
exist in gome of the lower courts.
They do not exist in the Supreme
Court, which since the time of Chief
Justice Taft has been practically
abreast of its calendar. These petty
failings of the minor courts are the
pretense, the smoke screen, under
which the President asks Congress
reme Court and with it the right to
rewrite the Constitution as he and
his compliant Congress choose.
The pretense is so. obvious, the
lack of candor so beneath the level
due the gravity of the issue, that it
would be idle to discuss the President’s argument seriously, in so far
as it concerns the Supreme Court.
By implication, for instance, the
court could do more work if it had
fifteen members instead of nine. But
of course it must hear arguments a3
a unit and must vote upon each case
as a unit. The whole court must hear
each case and pass upon each case.
Enlarging the court would expedite
its business not one day.
At points in the message even the
veneer of politeness wears thin. By
insulting old age Mr. Roosevelt reveals how mutch his pride has been
disturbed ‘by the indeyendence of the
eourt. Here the President descends
to a level that we think the whole
country will resent. The unfairness
of these jibes is obvious. For one
thing, the court, by its self-imposed
custom, does not descend to the
political arena to defend itself. The
President is hitting loyal and distinguished servants of the public
who cannot hit back. For another
point, the attack upon the age of the
court disregards the obvious truth of
the record. For years two of the
most’ liberal members of the court
were its oldest. When Justice Holmes retired in 1932 at the age of ninety-one, his style was still lucid and
vibrant, his wisdom was at its highest and his outlook as broad as ever.
He was seventy seven when he wrote
his historic dissent in the child labor
case, and eighty two when, with
Chief Justice Taft, he dissented in
the minimum wage case. Justite
Brandeis, who is eighty and the ‘oldest member of the court, is still one
of its powerful dissenters. The Prestdent’s attacks upon “infirmity” are
as bad in logic as they are bad in
manners. _
But, as. we have gaid, it is idle to
discuss these arguments seriously.
They are utterly irrelevant to the
real goal of the message. The President, after insulting the court,
would take it over and add it to the
appointive agencies of the New Deal. its rubber stamp upon the law which
he hands it.
No President of the United States
ever before made the least gesture
toward attempting to gain such a
-patrol county and state boundaries
evada City
COVERS RICHEST GOLD AREA IN CALIFORNIA
oget
sere = saree i
you
The Nevada City Nugget helps your
city and county to grow in population —
and prosperity. By subscribing to, and
advertising in the Nugget, therefore,
help yourself.
——$————
Vol. 11, No. 12.The County Seat Paper NEVADA CITY, CALIFORNIA
The Gold Center
MONDAY, FEBRUARY 8, 1937 _
Los Angeles county which last
year prevailed on good natured
sheriffs’'in northern California to let
the policemen from its metropolis
in order to head back transients
coming is now sticking its nose in
Nevada county’s:minig industry. According to a letter received by business men in Nevada City and Grass
Valley from Albert. F. Knarp, a Los
Angeles assemblyman seeks to “‘investigate’ quartz mining here.
The letter from Knarp follows:
During the first session of the
legislature, step No. 1 was taken
towards ‘investigating’ stream
pollution in California — this
particular attempt ‘being aimed
at the deep mines in Nevada
county. The assemblyman from
Los Angeles who was so ‘concerned about Nevada county used as
his prime argument a petition
purportedly signed by a number of farmers in the district.
He almost put his resolution
across.
You will readily realize that
signatures can be obtained to
any imaginable type of petition and therefore those of us
who are at Sacramento are wondering just how many petitions
are going to make their appearance at the next session. We
feel that to off set any possible
effects these petitions might
have it would be well to be armed with an expression from the
Boards of Supervisors and various business and service organizations ofthe mining districts
showing “ow these people look
upon mining in their districts.
I enclose a copy of a resolution sent to us by the Trinity
County -Board of Supervisors.
Is it asking too much of you to
request that Sierra Board of
Supervisors prepare a somewhat
‘similar resolution? Furthermore
your Chambers of Commerce,
Lions, Rotary, Kiwanis and
other service clubs, also merchant organizations, would help
a lot by sending some samilar
memoranda. It is just possible
Legislative Action
Hostile to Mining
LANDSLIDES HAMPER .
TRAFFIC ON HIGHWAYS
CAMPTONVILLE, Feb. 6.—This
section is still in the grip of one of
the most severe storms of the history
of this end of Yuba county. Since it
started raining a few days ago, the
Must be Halted
that we may never have any
need for this data, but “‘forewarned is forearmed.”’
Cordially yaurs,
GOLD PRODUCERS OF CALIFORNIA.
Albert F, Knarp, Secretary, 351
California Street.
The following resolution prepared
by Ed C. Uren, in response to
Knarp’s request, will be submitted
for action to the city council, the
board of supervisors, the Chambers
of commerce, and the various clubs
and civic organizations:
RESOLUTION
_. WHEREAS, the County of Nevada
whose fortunate condition today, and
all through the recent depression,
is due solely to its mining industry
is now threatened with legislation
which will tend to handicap or destroy this industry, and
WHEREAS, the agitation for this
proposed legislation comes, not from
this region, but from a source entirely foreign to the desires or interests of this portion of the state
of Californta; and
WHERSAS, such legislation is
entirely uncalled for and has not
been requested from or by the representatives from this District; and
WHEREAS, the mines of Nevada
employ approximately 2600
men, with a monthly pay roll of
$365,000, it is: therefore vital for
the residents of Nevada County to
use all their means to prevent the
passage of any legislation which will
county
destroy the industry which is the
mainstay of the great bulk of its
people.
flow of water has started, playing
contractor, narrowly escaped death,
Thursday, while on his return trip.
of town clogged up and overflowed,
snow is “being melted and a huge
havoe with roads. etc.
E. A. Boehme, ‘Marysville mail
He stopped at the approach to the
Freemans Concrete bridge on the
highway seven miles south of this
place, and removed a rock from the
road, as he finished and was getting
back in his car, several huge boulders came in, which would have
landed on his car had he not stopped. It took the highway crew sev-~eral ours to get the road open so
that he could continue and all the
next day to get the slide entirely
out.
Thursday night the large rock
water drainage ditch that leads out
causing’ a young avalanche on the
road, taking it away up to the
wheel track. A crew of twelve men
spent most of Friday making a temporary repair and opening the road
up. :
This is a test of all the roads. A
huge slide. came in on the Marysville road, on the south end of the
dam at Bullards Bar. The Pike City
road has several slides and is a network of fallen trees. The state highway, although passable, is in bad
shape. Many slides, and the pavement has cracked and crumbled
from the heavy freezing weather,
and the snow plows have not done
the surface any good.
Telephone lines are down in most
every direction, and the Pacific
Telephone and Teleghaph company
have their men out on their line
every day.
FLOWERS AVAILABLE
DON'T FORGET THE
HAND BRAKE: IT MAY
BE A GOOD ONE
Those who laugh last do not-always laugh best. Mr. Otto Schiffner, superintendent of the Lava
Cap mines, drove his sturdy car
up in front of the National Hotel.
The car-was equipped with new
chains dn all four wheels and after returning from the post office
he attempted to back out over the
snow which was not very deep.
Alfred (Hopper) Eddy and Ed
Martine standing nearby attempted to help shove the car back into. traffic. This didn’t work and
Mr. Schiffner got out and shoveled snow away from the rear
wheels and still it wouldn’t move.
Eight or nine men finally gathered and tried to shove the car out.
Finally Harrison Randall glanced
up and said: “Otto, why don’t
you take off your emergency
brake?’’ After releasing the emergency brake it took four men to
keep the car from hitting a building across the street. It went out
that fast. :
Here’s the funny part of the
story. Hopper Eddy and Martine
laughing about the incident got
into Eddy’s car, Eddy said. ‘‘?Vell,
Mart, this car” (meaning his
own), will go anywhere.’’ After
six or eight minutes spent in effort
to move a few feet at a time Martine said: “Will I get out and
shove on the machine?’’ He said
“no,” but was still puzzled at his
car, but when he finally got his
ear into traffic moving about a
foot at a time, he said: “By heck’
My hand brake was on to@sas far
as it will go.”
WASHINGTON FOLKS —
ARE GOING TO EAT.
§
The Tahoe-Ukiah highway and the
road from the Junction down. the
Red Ledge mine of the Washington
road, is still blocked with snow, but
iny any event, Fred Conner president
of the Nevada City Chamber of Commerce is seeing to it that the people
of Washington will eat. This was accomplished by getting Joe Lopez, former mail carrier to hitch up his sled
to his little caterpillar and take $60
worth of groceries down the canyon
over the snow. This will reach them
in time for dinner this evening. :
In the meantime, Fred Garrison,
highway division superintendent is
slogging away with a big eaterpillar
and huge snow plow today and expects to have the highway cleared of
gnow from the ski course to the junction by Wednesday. It is a slow business, trying to push 6-to 10 feet of
‘snow off the highway with a plow.
What is need is a rotary plow and
it is possible that this. kind of 2
plow will be available before the
week is out.
Washington, Nevada county, has
a history more than half as long as
Washington, D. C. and in its way
fully. as interesting, woke up early
last. week to. the fact that it was
short of provisions. Flour and sugar
were running low. Snow had blocked
the road from the ski course to theJunction, about five miles and from
the Junction down to the Red Ledge
mine. Only good ski men could
make the grade and there are not
enough of them immediately available to carry’provisions to the community that looks to Washington for
supplies. An appeal was made to
Fred Conner, president of the Nevada City Chamber of Commerce.
Immediately things began to happen. A lon& distance call to Senator
Jerrold Seawell was made, who re'jayed the call on to Lee Kelly’s ofNOW, THEREFORE, BE Iv RESOLVED of this CounciF of the City
Nevada, California, in regular
session assembled this day of Fehbruary, 19 to advise the Governor
and the Legislators of the State of
California that any legislation which
tends to injure or destroy the mining industry in Nevada County
looked upon as an effort to disturb
the economic balance of the entire
state.
of
ar
ol
P¢. & E. DOES NOT OWN
YOU BET MINING CO.
Contrary to reports that every now
and then gain currency, the Pacific
Gas and Electric company did not
take over the You Bet mining company. Prior liens held by the Alpha
Stores Ltd. prevented this action and
the title to You Bet Mining compay’s
holding is now vested in Alpha Stores. The Liberty Hill property, however, was turned over to the Pacific
Gas and Electric company, following
the judgment against the placer mining companies in the Bear Valley
water shed in the celebrated ‘‘muddy water’’ case.
.
PUMPER WATER TRUCK
RESPONDS
A call came from ‘the Murchie
mine east of Nevada City, at 10
o’clock last evening for assistance
in extinguishing a fire in the office.
The pumper water truck responded
from this city. The fire had been
put out ‘by the time the truck arrived
there over a very rough icy road.
The inside of the office was burned
out. It is reported that the fire
might have been caused by spontaneous combustion,
nation is founded, and centralize in
himself the control of judicial as
well as executive functions. The Constitution, which the Supreme Court
has guarded, developed and held true
to its great, original design, would
lie. helpless. before him,
It was a French king, Louis XIV,
who said. “‘I’etat, c’est moi’? — ue .
am the State.’ The paper shell of
vast grant of power. Mr. Roosevelt .
demands it, calmly, artfully. By one
legislative act, availing himself of
the one loophole in the Constitution——the failure to specify the number of members in the Supreme
Court— he would strike at the roots
of that equality of the three branthes of government upon which the
American constitutionalism would
. continue if President Roosevelt se. cured the passage .of the law he now
‘demands. But it would be only a
shell. The ruling power would be the
. will of the President, unrestrained
by court or Constitution and subject
only to the necessity of securing the
BETTER SCHOOL
ATTENDANCE
The Nevada City grammar school
reopened today after closing last
Tuesday for the rest of the week on
account of bad colds .among_ the
pupils and heavy storms. Phincipal
Walter Carlson of thes Washington
grammar school ststes conditions
are much improved to‘ay although
quite a number of-the children are
still absent from school. ;
The North San Juan school. bus,
which was not able to get to Nevada
City last Friday, came in on time
today. Reports from high school are
that, the attendance is improving.
Many students have recovered from
colds and ‘influenza and are back in
school.
ESTATES SET ASIDE
In the superior court Friday the
estates of Charles E. Wilson, Edward .D. Huber ad Alvah Morgan
and Hadley T. Harding deceased,
were set aside to their widows.
The estate of Charles E. Wilsou
was admitted to probate and Mrs.
Elisia appointed administrator.
DEMURRERS OVERULED ©
In the superior’ court on Friday
in the case of George R., Carter vs.
George Teit demurrer was overuled
and defendant giiven ten days to
answer.
In_the suit in partition of Jack
murrer overuled and defendent given ten days to answer.
INTERLOCTORY DEGREE
GRANTED
In the superior court Friday an
interlocutory degree was granted to
the plaintiff in the case of Beatrice
George vs. Horace R. George. ~
consent of a subservient Congress.
of Lena Nestell vs. J. C. Nestell.
jfrom corsages to old fashioned bouO’Donnell vs. Harriett O'Donnell de-.
Also an interlocutory degree was+granted to the plaintiff in the case!
FOR YOUR VALENTINE
Flowers in the dead of. winter
gent to a young lady with the ancient
question-command “‘be my Valentine’ is bound to be particuarly appreciated according to the owners
of the Sunnyside Greenhouse. They
have prepared for the Valentine occasion with flowers ranging from
demure violets to impressive long
stemmed roses. Flower arrangements
quets are made up expertly by the
Sunnyside Greenhouse on order. An
advertisement setting for the Sunnyside Valentine specials appears th
this issue of the Nugget.
TWO CARLOADS OF COAL
READY FOR DISTRIBUTION
It. will be good news to those who
are out of coal that both Alpha
Stores and Union Ice Company have
received carloads of coal and are
now in a. position to distribute allotments among their customers.
For some two weeks no coal shipments have been received and many
homes were running short.
TEARING DOWN WALLS
«OOF RECORDER'S OFFICE
Electric drills are tearing down
walls of the county recorders office
at the court house today. A temporary shield has been built to protect
the office force of. Mr. Sam Clark
recorder. It is expected the new office space will be completed in about
two weeks, After the carpenter
work has been completed the whole
interior .will be painted.
MOUNTAIN LION ROAMS
CITY STREETS NIGHTLY
The big mountain lion which was
seen on Gold Flat last week was
seen again Thursday evening by
three men out near the home of Miss
Susie Green. The big creature has
been driven into the édge of town
by hunger and is evidently attracted
to odors at the Calaan and Richards
slaughter house. He was protected
by the young pine growth just back
of the state highway department
camp and was seen from the old
Grass Valley road. . :
A miner, Howard Keene, who has
been walking to and from the Ragon
mine since the last storm saw foot
prints of a large moutain lion out
near the Indian campooddie several
¥.
fice in. Sacramento. There, after @
TRAFFIC DEATHS
While final complete figures
last year are not. yet available, re
liable estimates place the total a
around 38,500, a new all time high
reports the California State Auto
momile Association.
1936 total of 38,500 represents. a
over the figure for 1935. Mileage 9
per .cent gain. Motor vehicle regis
Encouragement was found in th
fact that despite distinct increase
fected reductions in traffic death
during 1936 as compared with th
active law-enforcement policies ar
eredited with the
ings in those localities.
JOINT MEETING OF TWO —
vada City and Grass Valley next Fr
day evening
The purpose of the meeting
is to discuss matters in which bot
communities are interested and the
enlist the aid of Senator Jerrol
Seawell in putting
Tuesday evening, February 16,
able to give them.
ROUGH AND READY MAN
superior court tomorrow mornin
nesses and jurors have been
resent. Callison who is charged wit
attempted assault,
days ago.
Boiulder street and Park avenue.
HIT NEW HIGH
9n
traffic fatalities in the United States
The estimated
increase of 1,500, or four per cent,
car travel was credited with an eleven
tration also marked up a new. all
time high, estimated at 28,000,000.
in car registrattion and use, a number. of states amd larger cities efpreceding year. Safety education and
improved showCHAMBERS FRIDAY NIGHT
There will be a joint meeting of
the chambers of commerce of Nein the local chamber
of commerce offices at 8 o’clock.
announced’ by Fred Conner, president,
them forward.
Following the meeting Friday evening there will be a dinner meeting,
at
which Senator Seawell will be the
guest. He will confer with the two
chambers regarding aid he may be
GOES TO TRIAL TUESDAY
The jury trial. of Ed Callison of
Rough and Ready will start in the
before Judge Raglan Tuttle. The wit-. :
subpoenaed for the trial. Attorney W.
E. Whight has been retained to repW. B. Celio has been ill for several weeks at his home, corner of
hurried huddle, it was decided to
send one of the giant bulldozer plows
operated by a huge tractor’ ~ "That —<~
came up Saturday night. It stuck on
the Lady Jane grade and did not arrive until yesterday. This morning it’
slowly slogged its way toward the
junction with the Washington road.
This is one of the side-lines, or
extra. activities of the Chamber of .
Commerce, i. e. seeing to it that no
one in the midst of snow desolation
goes without food. And, in an emergency the chamber, ‘which usually
goes about its business with deliberation, can speed up and get results. There are probably 400 persons including workers and_ their
families at the Spanish and other
mines in the vicinity of Washington
with one slender artery, plugged
with snow through which their food
supply must go. Of course, if the
worst came food’ could be dropped
to them from an airplane. But the
speedy action of the Chamber makes
such a rescue unnecessary.
CCC CARETAKER FOOD
~ SUPPLY REPLENISHED
Emerson Varin of forest service
and caretaker of the CCC camp tt
White Cloud, during the winter, had
his stock of food replenished yesterday by Horace Swafford of the Nugnet staff, and Joe Bierwagen. The.
two skiied in from above the old .
ski course after going as far as they
could in their car. It was a three
mile ski trip.
Varin reported that a day or two
before the arrival of Swafford and
Bierwagen, three miners had come
in, after slogging through the deep
snow from the Spanish mine. They
had had nothing to eat for over 24
hours and had. been on their feet in
loose dry snow up to their waists
for over 12 hours. They were provided with neither snow shoes nor
skis. After a very hearty meal they
came on into Nevada City. Varin
\ stated that he had been feeding several wayfarers during the past two ;
weeks and his supply of groceries ~~
had run short. :
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g BANNER MT. POST PARTY
Banner Mt. Post, V. F. W., Aux.
iliary is giving its postponed card ‘
party in Pythian Castle next Friday
evening. A number of fine prizes —
have been secured for the winners
of high scores. The post is preparing
for a meeting Thursday evening and
will initiate three candidates ft
the order. ee
h