May 18, 1960 (10 pages)

rantom 1 of ns, wo ate 2 PSE TE etre . COMBINED WITH THE « Nevada County q Serving the communities of Nevada City, Grass Valley, Clictge Peck Wall Coser Hill, Liberty Hill, Sailor ark, Wo! Hill, Brandy Flat, Sebastopol, uan, North Bloomfield, Humbu, Red Lake Blue Tent, LaBarr “agg Hp Hill, Gold Flat, Indian Flat, Little York, Cherokee, Mooney Fiat, Sweetland, Alpha, Omega, F: Meadows, Cedar Ridge, Union Hill, Peardale, Summit City Wallou Gold Bar, rion Hl, Pearl, Suomi iy, Wallowe, Bridgeport, Birchville, Moore's Flat, Orleans Flat, Remington Hill, Anthony Hi d Ready, Gos ge Eye, Lime Kiln, rth Columbia, Columbia ouse, Delirium Tremens. Vol. 34 No, 20 10 Cents a Copy Published Weekly Nevada City, Wednesday, May 18, 1960 SIERRA BYWAYS Hiked In US By Dean Thompson The proposed downtown freeway route through Nevada City has had its share of comment these past few weeks, The’ comment and the promised public hearing can be traced back to a question that was asked in this column shortly after the turn of the year. “What has: become of the committee that was planning to battle the downtown freeway route,” we asked.We got our answer, but not from the “commnittee. ~ The answer came in a phone call from H. P. Davis. That phone call resulted in the spontaneous response against the downtown route, a response from the people at grass-root level that has yet to reach its climax, This movement to reroute the freeway through Nevada City did not explode into action. Rather it has grown gradually, nurtured by the deep seated embers of dedicated residents. Historian Davis was greatly responsible for many of the sparks that have ignited into public action. His early history of Nevada City, out of print in book form, was published in this paper in condensed form. Even the typographical errors which our. Nugget crew allowed to slip by—even these. errors did) not dull the sharpness of the image: Nevada City is more than just a highway terminal. It is a city with a proud past, potentially a great city in the future. Photos through the courtesy of Davis added the growing tide dedicated to saving the downtown area. Others have been important to the success of this drive. Additional leaders are daily adding their voices, their brains. Each is needed if the freeway route is to be moved. But it was H. P. Davis who took the time to answer the question .asked in this column some weeks back. If there be a victory, he _ shall deserve much of the credit. @e8e0 ON THE PHOWL . Gerald H. Gelatt, new superintendent of Nevada Union High School District beginning July 1, gave up a salary (more technically salaries) totaling $12,120 in Sierra County to accept the local job at $11,000 per year . $6,300 of his pay. came as county superintendent of schools, $5,700 of it came from the high school district, the balance paid to him as secretary of the governing board, ‘ Mayor Robert Carr reserved the Nevada. City Elementary: School Auditorium, for May 24th at 7:30: p.m., itwas learn-' ed yesterday after-. noon by a check with: the school office. ; It is assumed that: there will be a pub-. lic hearing on the: Freeway Route thru Nevada City,ak though CityManager James “Admiral” Ray could not confirm this yesterday after moon. : Sacto. Horsemen Set The»Sacramento County Horsemens Association will sponsor’. an Open Junior Play Day Saturday at 9 a:m. The Gold Trail. Maunties announce post entries for 12 Fire Funds Budget fire protection. fornia. man Johnson said, am pleased that we ‘were able to obtain some increase in the appr®priations levels,” The Congressman said some of the gains will pere mit implementation of the Program for eventual budgets in the vicinity of $25,000,000 a year, more fire prevention work and more permanent fire suppression staffing to obtain National Forest which calls faster results, conference. & year, mental appropriation of $20,450,000 had to be made early this year to cover the cost of fire fighting in a disastrous year. A total of $80,714,900 was The $154,286,500 Natjonal Forest Service budget approved by the Congress for the coming fiscal year will contain substantial increases in funds available for forest Congressman Harold TF (Bizz) Johnson said 30 to 40 per cent of the $14,887,000 earmarked for forest fire protection will go to Cali“With the fire hazardous conditions facing our state in the season ahead this will be little enough,” CongressIn addition to the funds budgeted for forest fire protection, $5,000,000 is set aside for actual fire fighting. This is the same as lastalthough a_ suppleI Appropriated for the cure rent year ending June 30, is $13,973,000. The House of Representatives added some to this figure in its delibere ations and the Senate added more, the final action being a result of a House-Senate § of those people. SO THIS IS WHAT A BIRTHDAY PARTY is like. look at all .We had better leave quick like a bunny, ‘cause we have another coming soon.Miss Kay Wasley, 7 1/2 months old daughter of Mr. and Mrs. Clifford Wasley, Grass Valley, is skeptical of just about everything that took place at Sierra Memori last Saturday. ed Hospital's party adventurers and fortune ewholy wanting; justice was “being defeated and villainy es mittees, Early California UTTER LAWLESSNESS OF von doa reasonable doubt, PEACE AND SECURITY ras completely forgotten, That portion of the peor at least frequently disriod which commenced with regarded, Marshall's finding gold at An one writer expressed Coloma in January, 1848, it, “Even suspicion someand extending through the times brought punishment, early “Fifties” has been the suspected being required variously described as one to prove his innocence or of “utter lawlessness” on the suffer, . 3” one hand — while on the An era of kangaroo courts other, as a good example jn which all semblance of of man’s desire to live in fair trial was often comPeace and security under a pletely ignored by men Tule of law. swept with passion, alcohol, One writer, adhering to or both. the former view, described Thus we read of “trials” it in these words: in which within the space California was filling up o¢ two hours men were acwith a hetrogeneous tide of cused, arrested, tried before a jury of as many as two hundred—selected, together with the judge—on the spot, the two hundred jurors-returning a unanimous verdict of guilt, pronouncement of sentence in the form of death by hanging, and the hanging itself often accompanied by band music. Oh yes, the accused was provided with defense counsel and allowed to produce witnesses on his or her own behalf; like the) woman hanged in Downieville in 1851 for stabbing a popular townsman who had appeared at her door one morning and heaped vulgar abuse on her. The story is told that the barrel ‘on’ which her counsel stood in an effort to be heard in the improvised outdoor courtroom was kicked from under him, his glasses knocked from his face, and he was hunters from all lands, the gaming table was rapidly breeding drunkenness and crime. law was almost was fast becoming ramt?” Another writer describes it in these. words: : “An eye for an eye; a tooth for a tooth; a life for a life. . . In no era of the world’s history, it may be said, has action upon these primitive laws been more ferevntly upheld than during -the first decade of California’s history as a state.” Certainly, even its most staunch apologists will not deny that it was—An era of vigilante comwhich~may itself classed as organized lawlessness of the highest order; An era in which outlaw bands roamed the countryOregon, bands of the character of the legendary Mutorious. appropriated for total forest protection and management, This is a gain of slightly more than $10,000,000 over the current year, with the bulk of this increase falling in the categories of timber sales, reforestation and rehabilitation of burns, recre-. ation, soil and water management and construction. The timber sales and management were _ increased nearly $1 million to $20,175,000, recognizing the increased need of sound timber sales preparation in order to promote healthy development. of our natural resources on a sustained yield basis. Furthermore, the sale of timber is making the forests self-supporting, even carrying the tremendous financial cost of recreation and other public use. This budget will amount of $14,595,000, substantial increase from the current year’s $10,173,000. This increase is required since the national ‘ forests anticipate more. than 80 million visits this year, . The Nevada City Chamber of Commerce Monday night named the Bear River bridge on Highway 49 astop priority ‘job in its recommendations to the state chamber of commerce. The bridge has been the object of chamber of commerce pressure during the past year from both Nevada City andGrass Valley. Ithas been termed a death trap as it now exists. A combined Nevada and Placer County project would be required to bring the bridge up to traffic standards in line with the highway feeding the bridge from Nevada County. A. similar highway entiance is scheduled from PlaceCounty as the Auburn to Bear River stretch of highway is improvWeather 2 Nevada City Grass Valley Mayl11 Ss. 83 54 => Mayl2. 82 50.02 Mayl3 65 38 . .06 Mayl4 = 69 42 see May15 = =-74 46 a May!6 = 70 45 =e Mayl7 69 42. (-Rain to date. . . ., 46.45 Max. Min. Rain Mayl1l 80 KS 15.4 BS May12 80 47 -Mayi3 63 33 06 Mayl4 68 35 --) Mayl5 «Pd 39 o. Mayl16 10 40 -Mayl17 68 35 -Rain to date. . 43.97 Rain last year. . . 35.61 + ed to freeway standards. . Asaresult of their action, . the Nevada City Chamber of Commerce dropped the northern.county stretch of Highway 49 fromthe summit north of the South Yuba River to North San Juan from top priority spot to the number [Ramey Gets 2nd Prize Four Northern California high school seniors were named as winners of $1,000 first-place awards at the 1960 Bank of America Achievement Awards finals in Sacramento May 13. Chester Ramey of Grass ‘Vulley won second prize in the science and mathematics j{field. Ths. Nevada Union up were chosen in each of four study fields—fine arts, -Iseience and mathematics, two place on its list. It was indicated, however, the chamber hopes that both projects will be given action during the 1960-61 fiscal year. ‘The Grass Valley-Nevada City freeway was placed third on the priority list, it being pointed out that there arenot sufficient funds available to proceed with construction during the coming year. Major share of state funds for highway construction in Nevada County during the next fiscal year will be on Highway 40 in the Donner Summit area, it was explained. Plans totaling $30, 000, 900 of work remains Top winners and runnersBEAR RIVER BRIDGE GIVEN TOP HIGHWAY PRIORITY on the highway agenda for that area in the next few years. Thechamber did not take any action relating to the freeway route through Nevada City. A pollofthe audience and of chamber members early in the evening indicated the sentiment that the freeway is of major concern within the county, but action ofthe members in making their priority list took into account the lack of state funds to be available during the year. Added to the priority list of long range planning projects was the Colfax Highway from Brunswick road to the Bear River crossing. An era in which nativeborn. Californians of Mexican blood were treated and taxed as foreigners in their own land, often driveri from their homes, and deprived of their possessions; An ‘era of floggings and lynchings for a lang list of crimes—imaginary .or real —with “justice” in the form of the rope—speedily administered before crowds of three thousand and more; An era in which our Anglo-Saxon axiom of law, the accused is presumed innocent until proved guilty beside from Los Angeles to rietta; though not as nojostled and carried several hundred feet by the crowd before being rudely depsited. Nor did her chief witness. a doctor who pleaded for her life on grounds of pregnance, fare better than her court-appointed attorney. He was ordered out of town and found it prudent to depart. As I indicated earlier, such practices had their apologists then, and even many years later, when the opportunity for reflective appraisal existed. For example, the Sacramento Transcript of February 12, 1851,,in commenting on a case in which a partner was convicted of dishonesty and sentenced to be flegged, said, in apparJudge Coakley is Judge of the Superior Court of Mariposa County, a member of the California Judicial Council, Trustee of the California Historical Society, and President of the Mariposa County Historical Society. He is a former President of the Bar Association of San Francisco, and was a member of the Board of Governors of the State Bar of California. Edited by Judge Coakley, and printed with his permission, this account was delivered as a talk by Judge Coakley to members and guests of the California Historical Society as Grass Valley on April 9, in connection with the Society’s: meeting there. Law With VIGNETTES on the MOTHER LODE By JUDGE THOMAS COAKLEY ent support of lynching as being a more appropriate form of punishment: “This (hanging). is the only sure means of administering justice, and although we may regret, and deem lynch law _ objectionable, yet the presenf unsafe sort of prisons we have, and the lenity shown offenders are such as to induce. us to regard such an exercise of power with comparative lenity.” Fifty yeras later another writer offers this restrained defence of lynch law: “Lawyers, physicians, clergymen, farmers, merchants, and laborers in all fields of industry left their homes for that land whose very name had suddenly become a synonym for oppor‘tunity and fortune. . An outcast from a foreign penal colony’ might occupy the same room, eat at the same table, labor at the same vocation, and join in the same pastimes with a young man who had come from one of the most refined homes in the East. . . The customary restraints which in longestablished and well-organized communities insure safety and order, were for the time being justly weakened, and, times of great popular passion, almost entirely absent. Family pride and_ social prestige were at first little thought of, for the reason that most of the early comers to the state regarded themselves as little more than sojourners in a distant foreign land.” That particular writer points ‘out that the majority of. the miners’ trials were orderly and resulted in visiting on criminals condign punishment, but acknowledges the opportunities and temptations for misuse of power under -such frontier circumstances. Speaking not of mob law but of trials and judgments by duly constituted authorities such as they were from 1848 to 1851, E. A. McKinstry, ene-time Associate Justice of the California Supreme Court, and distinguished San Francisco attorney. said in an address delivered in 1871 before the Society of California Pioneers, “The pioneers have no call to be ashamed of their courts. As a rule, excellent common sense guided their action, and they ‘gave what was then desired more than elaborate opinions — promptand decisive judgments.” : _ (To Be Continued) apparently, in.

rantom 1 of ns, wo ate 2 PSE TE etre . COMBINED WITH THE « Nevada County q Serving the communities of Nevada City, Grass Valley, Clictge Peck Wall Coser Hill, Liberty Hill, Sailor ark, Wo! Hill, Brandy Flat, Sebastopol, uan, North Bloomfield, Humbu, Red Lake Blue Tent, LaBarr “agg Hp Hill, Gold Flat, Indian Flat, Little York, Cherokee, Mooney Fiat, Sweetland, Alpha, Omega, F: Meadows, Cedar Ridge, Union Hill, Peardale, Summit City Wallou Gold Bar, rion Hl, Pearl, Suomi iy, Wallowe, Bridgeport, Birchville, Moore's Flat, Orleans Flat, Remington Hill, Anthony Hi d Ready, Gos ge Eye, Lime Kiln, rth Columbia, Columbia ouse, Delirium Tremens. Vol. 34 No, 20 10 Cents a Copy Published Weekly Nevada City, Wednesday, May 18, 1960 SIERRA BYWAYS Hiked In US By Dean Thompson The proposed downtown freeway route through Nevada City has had its share of comment these past few weeks, The’ comment and the promised public hearing can be traced back to a question that was asked in this column shortly after the turn of the year. “What has: become of the committee that was planning to battle the downtown freeway route,” we asked.We got our answer, but not from the “commnittee. ~ The answer came in a phone call from H. P. Davis. That phone call resulted in the spontaneous response against the downtown route, a response from the people at grass-root level that has yet to reach its climax, This movement to reroute the freeway through Nevada City did not explode into action. Rather it has grown gradually, nurtured by the deep seated embers of dedicated residents. Historian Davis was greatly responsible for many of the sparks that have ignited into public action. His early history of Nevada City, out of print in book form, was published in this paper in condensed form. Even the typographical errors which our. Nugget crew allowed to slip by—even these. errors did) not dull the sharpness of the image: Nevada City is more than just a highway terminal. It is a city with a proud past, potentially a great city in the future. Photos through the courtesy of Davis added the growing tide dedicated to saving the downtown area. Others have been important to the success of this drive. Additional leaders are daily adding their voices, their brains. Each is needed if the freeway route is to be moved. But it was H. P. Davis who took the time to answer the question .asked in this column some weeks back. If there be a victory, he _ shall deserve much of the credit. @e8e0 ON THE PHOWL .. Gerald H. Gelatt, new superintendent of Nevada Union High School District beginning July 1, gave up a salary (more technically salaries) totaling $12,120 in Sierra County to accept the local job at $11,000 per year . $6,300 of his pay. came as county superintendent of schools, $5,700 of it came from the high school district, the balance paid to him as secretary of the governing board, ‘ Mayor Robert Carr reserved the Nevada. City Elementary: School Auditorium, for May 24th at 7:30: p.m., itwas learn-' ed yesterday after-. noon by a check with: the school office. ; It is assumed that: there will be a pub-. lic hearing on the: Freeway Route thru Nevada City,ak though CityManager James “Admiral” Ray could not confirm this yesterday after moon. : Sacto. Horsemen Set The»Sacramento County Horsemens Association will sponsor’. an Open Junior Play Day Saturday at 9 a:m. The Gold Trail. Maunties announce post entries for 12 Fire Funds Budget fire protection. fornia. man Johnson said, am pleased that we ‘were able to obtain some increase in the appr®priations levels,” The Congressman said some of the gains will pere mit implementation of the Program for eventual budgets in the vicinity of $25,000,000 a year, more fire prevention work and more permanent fire suppression staffing to obtain National Forest which calls faster results, conference. & year, mental appropriation of $20,450,000 had to be made early this year to cover the cost of fire fighting in a disastrous year. A total of $80,714,900 was The $154,286,500 Natjonal Forest Service budget approved by the Congress for the coming fiscal year will contain substantial increases in funds available for forest Congressman Harold TF (Bizz) Johnson said 30 to 40 per cent of the $14,887,000 earmarked for forest fire protection will go to Cali“With the fire hazardous conditions facing our state in the season ahead this will be little enough,” CongressIn addition to the funds budgeted for forest fire protection, $5,000,000 is set aside for actual fire fighting. This is the same as lastalthough a_ suppleI Appropriated for the cure rent year ending June 30, is $13,973,000. The House of Representatives added some to this figure in its delibere ations and the Senate added more, the final action being a result of a House-Senate § of those people. SO THIS IS WHAT A BIRTHDAY PARTY is like.. look at all .We had better leave quick like a bunny, ‘cause we have another coming soon..Miss Kay Wasley, 7 1/2 months old daughter of Mr. and Mrs. Clifford Wasley, Grass Valley, is skeptical of just about everything that took place at Sierra Memori last Saturday. ed Hospital's party adventurers and fortune ewholy wanting; justice was “being defeated and villainy es mittees, Early California UTTER LAWLESSNESS OF von doa reasonable doubt, PEACE AND SECURITY ras completely forgotten, That portion of the peor at least frequently disriod which commenced with regarded, Marshall's finding gold at An one writer expressed Coloma in January, 1848, it, “Even suspicion someand extending through the times brought punishment, early “Fifties” has been the suspected being required variously described as one to prove his innocence or of “utter lawlessness” on the suffer, .. 3” one hand — while on the An era of kangaroo courts other, as a good example jn which all semblance of of man’s desire to live in fair trial was often comPeace and security under a pletely ignored by men Tule of law. swept with passion, alcohol, One writer, adhering to or both. the former view, described Thus we read of “trials” it in these words: in which within the space California was filling up o¢ two hours men were acwith a hetrogeneous tide of cused, arrested, tried before a jury of as many as two hundred—selected, together with the judge—on the spot, the two hundred jurors-returning a unanimous verdict of guilt, pronouncement of sentence in the form of death by hanging, and the hanging itself often accompanied by band music. Oh yes, the accused was provided with defense counsel and allowed to produce witnesses on his or her own behalf; like the) woman hanged in Downieville in 1851 for stabbing a popular townsman who had appeared at her door one morning and heaped vulgar abuse on her. The story is told that the barrel ‘on’ which her counsel stood in an effort to be heard in the improvised outdoor courtroom was kicked from under him, his glasses knocked from his face, and he was hunters from all lands, the gaming table was rapidly breeding drunkenness and crime.. law was almost was fast becoming ramt?” Another writer describes it in these. words: : “An eye for an eye; a tooth for a tooth; a life for a life. .. . In no era of the world’s history, it may be said, has action upon these primitive laws been more ferevntly upheld than during -the first decade of California’s history as a state.”

Certainly, even its most staunch apologists will not deny that it was—An era of vigilante comwhich~may itself classed as organized lawlessness of the highest order; An era in which outlaw bands roamed the countryOregon, bands of the character of the legendary Mutorious. appropriated for total forest protection and management, This is a gain of slightly more than $10,000,000 over the current year, with the bulk of this increase falling in the categories of timber sales, reforestation and rehabilitation of burns, recre-. ation, soil and water management and construction. The timber sales and management were _ increased nearly $1 million to $20,175,000, recognizing the increased need of sound timber sales preparation in order to promote healthy development. of our natural resources on a sustained yield basis. Furthermore, the sale of timber is making the forests self-supporting, even carrying the tremendous financial cost of recreation and other public use. This budget will amount of $14,595,000, substantial increase from the current year’s $10,173,000. This increase is required since the national ‘ forests anticipate more. than 80 million visits this year, . The Nevada City Chamber of Commerce Monday night named the Bear River bridge on Highway 49 astop priority ‘job in its recommendations to the state chamber of commerce. The bridge has been the object of chamber of commerce pressure during the past year from both Nevada City andGrass Valley. Ithas been termed a death trap as it now exists. A combined Nevada and Placer County project would be required to bring the bridge up to traffic standards in line with the highway feeding the bridge from Nevada County. A. similar highway entiance is scheduled from PlaceCounty as the Auburn to Bear River stretch of highway is improvWeather 2 Nevada City Grass Valley Mayl11 Ss. 83 54 => Mayl2. 82 50.02 Mayl3 65 38 . .06 Mayl4 = 69 42 see May15 = =-74 46 a May!6 = 70 45 =e Mayl7 69 42. (-Rain to date. . .. ., 46.45 Max. Min. Rain Mayl1l 80 KS 15.4 BS May12 80 47 -Mayi3 63 33 06 Mayl4 68 35 --) Mayl5 «Pd 39 o. Mayl16 10 40 -Mayl17 68 35 -Rain to date.. .. 43.97 Rain last year.. . . 35.61 + ed to freeway standards. . Asaresult of their action, . the Nevada City Chamber of Commerce dropped the northern.county stretch of Highway 49 fromthe summit north of the South Yuba River to North San Juan from top priority spot to the number [Ramey Gets 2nd Prize Four Northern California high school seniors were named as winners of $1,000 first-place awards at the 1960 Bank of America Achievement Awards finals in Sacramento May 13. Chester Ramey of Grass ‘Vulley won second prize in the science and mathematics j{field. Ths. Nevada Union up were chosen in each of four study fields—fine arts, -Iseience and mathematics, two place on its list. It was indicated, however, the chamber hopes that both projects will be given action during the 1960-61 fiscal year. ‘The Grass Valley-Nevada City freeway was placed third on the priority list, it being pointed out that there arenot sufficient funds available to proceed with construction during the coming year. Major share of state funds for highway construction in Nevada County during the next fiscal year will be on Highway 40 in the Donner Summit area, it was explained. Plans totaling $30, 000, 900 of work remains Top winners and runnersBEAR RIVER BRIDGE GIVEN TOP HIGHWAY PRIORITY on the highway agenda for that area in the next few years. Thechamber did not take any action relating to the freeway route through Nevada City. A pollofthe audience and of chamber members early in the evening indicated the sentiment that the freeway is of major concern within the county, but action ofthe members in making their priority list took into account the lack of state funds to be available during the year. Added to the priority list of long range planning projects was the Colfax Highway from Brunswick road to the Bear River crossing. An era in which nativeborn. Californians of Mexican blood were treated and taxed as foreigners in their own land, often driveri from their homes, and deprived of their possessions; An ‘era of floggings and lynchings for a lang list of crimes—imaginary .or real —with “justice” in the form of the rope—speedily administered before crowds of three thousand and more; An era in which our Anglo-Saxon axiom of law, the accused is presumed innocent until proved guilty beside from Los Angeles to rietta; though not as nojostled and carried several hundred feet by the crowd before being rudely depsited. Nor did her chief witness. a doctor who pleaded for her life on grounds of pregnance, fare better than her court-appointed attorney. He was ordered out of town and found it prudent to depart. As I indicated earlier, such practices had their apologists then, and even many years later, when the opportunity for reflective appraisal existed. For example, the Sacramento Transcript of February 12, 1851,,in commenting on a case in which a partner was convicted of dishonesty and sentenced to be flegged, said, in apparJudge Coakley is Judge of the Superior Court of Mariposa County, a member of the California Judicial Council, Trustee of the California Historical Society, and President of the Mariposa County Historical Society. He is a former President of the Bar Association of San Francisco, and was a member of the Board of Governors of the State Bar of California. Edited by Judge Coakley, and printed with his permission, this account was delivered as a talk by Judge Coakley to members and guests of the California Historical Society as Grass Valley on April 9, in connection with the Society’s: meeting there. Law With VIGNETTES on the MOTHER LODE By JUDGE THOMAS COAKLEY ent support of lynching as being a more appropriate form of punishment: “This (hanging). is the only sure means of administering justice, and although we may regret, and deem lynch law _ objectionable, yet the presenf unsafe sort of prisons we have, and the lenity shown offenders are such as to induce. us to regard such an exercise of power with comparative lenity.” Fifty yeras later another writer offers this restrained defence of lynch law: “Lawyers, physicians, clergymen, farmers, merchants, and laborers in all fields of industry left their homes for that land whose very name had suddenly become a synonym for oppor‘tunity and fortune. .. An outcast from a foreign penal colony’ might occupy the same room, eat at the same table, labor at the same vocation, and join in the same pastimes with a young man who had come from one of the most refined homes in the East. . . The customary restraints which in longestablished and well-organized communities insure safety and order, were for the time being justly weakened, and, times of great popular passion, almost entirely absent. Family pride and_ social prestige were at first little thought of, for the reason that most of the early comers to the state regarded themselves as little more than sojourners in a distant foreign land.” That particular writer points ‘out that the majority of. the miners’ trials were orderly and resulted in visiting on criminals condign punishment, but acknowledges the opportunities and temptations for misuse of power under -such frontier circumstances. Speaking not of mob law but of trials and judgments by duly constituted authorities such as they were from 1848 to 1851, E. A. McKinstry, ene-time Associate Justice of the California Supreme Court, and distinguished San Francisco attorney. said in an address delivered in 1871 before the Society of California Pioneers, “The pioneers have no call to be ashamed of their courts. As a rule, excellent common sense guided their action, and they ‘gave what was then desired more than elaborate opinions — promptand decisive judgments.” : _ (To Be Continued) apparently, in.