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Combined With :
THE NEVADA COUNTY CITIZEN
And Nevada City-Grass Valley Nugget& Tri-County News
Published Every Wednesday By
NEVADA COUNTY CITIZEN INC, : :
132 Main St., Nevada City, Calif.
Telephone Giass Valley or Nevada City 126
Alfred E. Heller.. we he sc ses oo Pome
R. Dean Thompson. .... + + « Editor-Manager
Don Fairclowgy oc ssa ose ss Circulation Manager
Clarice Mc Whinhey . 2, 5.55. -« «.«. Art Editor
Margaret Abrahamson.. .. é Society Editor
Second class postage paid at Nevada City, Calif.
Adjudicated a legal newspaper of general circulation
by the Nevada County Superior Court, ‘November 6, 1951,
Decree No, 10,023
Subscription Rates: One year, $3.00; Two years, $5.00
Three years, $7.00
Printed by Berliner & McGinnis, Nevada City
THE ALCALDE SAID
IT WAS”
“THE LAW WAS WHAT Vagueness to which I h
referred,
To judge fairly whether therefor,
our California forebears of were known east of the Mis-}
=
we
Council Approves
skirting a community is
better for that community?”
The answer from Sherro)
ell with Councilman
seconding. Mayor
Route —
wood was that the route then called for a vote, the period from 1848 to 1851
and later acted as men possessed of any sense of law
and order, and of justice, or
as a depraved lot guided by
a list for riches and a passion. .for vengeance, _ one
must pitture and understand the physical, moral,
this conglomerate mass of
humanity was transplanted.
In the realm of physical:
living conditions for most
EDITORIAL
World Leaders
Should Have Heads
Knocked Together
The summit is a bust. The United States
blundered beautifully in making its
official pronouncements concerning the
spy plane over Russia. The President
says you gotta have’heart. The generals
are taking the opportunity to beat the
tom-toms for more armaments. The witchhunters are slithering out of their holes
and blinking in the sun.
The peoples of the world do not under—
stand. They want peace. They want
calm and reasonable discussion. They
want the Russians to throw out their
rockets and the United States to junk the
SAC bombers. They do not want to pay
fantastic taxes to build warheads which,
if used, will bring similar warheads-exploding warheads--back on their
heads.
Acouple of Saturdays ago in San Francisco, amobof noisy demonstrators outside the House Un-American Activities
Committee hearings grabbed off all the
headlines. But it should be known that
on that same day, at Union Square, a
silent, orderly, peaceful crowd of 3,000
including women, children, the old and
the young, gathered and circled the
square, todemonstrate the universal desire for peace.
Organized'by the American Friends and
other responsible peace-minded organizations, therallywas one of the largest
of its kind, ifnot the largest, ever held
in this country.
We hope that now, in.the face of
Khrushchev's intransigence, the opin—
ions of the blame-fixers and arm-pushers
inthis country and in others will not be
the only ones heard. After the e mpty
failure at Paris, the message of the peace
marchers is, if possible, more urgentthan
before. For apparently there is only one
way toavoid failures at the summit. The
people must demand that their leaders not
walk out Ooneach other. And if they must
make their demands known by marching,
or riding bicycles, or eating goldfish-SO be it.
Pa
. 4
i
were unbelievably hard, and
only the more rugged remained, the others returning to their home states
broke and disillusioned.
In the realm of morals—
saloons, music and fandango
halls provided the chief
forms of recreation. There
were few, if any, compensating cultural divertisements. These factors when
combined with the adventurous and transient spirit
to which I earlier referred,
hardly provided a garden
and legal setting into whiche
‘were fully organized, an
as to what consti. , ~~
tuted public offenses and’ :
the lawful punishment H. J. Ray vidual improvement ase bas
but jails as they City. Ray velopment and has invo
took over office immediatehardships ee ere jas
sissippi did not exist. This} 4¥ and opened discussion on ask the City cil to ac
vapueaans and lack of jails freeway projéct. His for the good of > whole
was one of the reasons the} fitst act was to have City of Western Nevada County
Attorney John -Larue read and approve this proposed
of defendants charged wi
shooting several Indians an
burning their lodges i
Napa Valley. The Cou
said:
‘If the District
their terms prescribed an
known, we should, perhaps,
not deem. it within proper
exercise of sound dicretion
to bail them; but considering the want of definite and
well understood laws regué
lating the proceedings in
the existing court of First
Instance (from the Mexican
system) and the uncertainty as to the time when the
District Courts (under the
new Constitution) will
ready to proceed with business, superadded to the fact
of the justices of California’s
ally said Justice Bennett,
. made and
that there is no jail or prisspot in which man’s loftier i i
instincts and ideals might
flourish.
As for laws and the necessary pessonnel and facilities
for law enforcement, the
uncertainty and inadequacy
which marked this important aspect of daily living
was no fault of the pioneers.
Rather, it is to their credit
that they brought order out
of near chaos as quickly as
they did.
From the American occupation in 1846 until the
adoption of the Constitution in November, 1849, and
the enactment of laws by
the, first Legislature early
in 1850—a period of almost
four years—and particularly from the Treaty of Hidalga in 1848, California
was operating under a
vague mixture of Mexican
law and of decrees issued
by Amerian military governors, The military governors wisely exercised
their civil authority sparingly, preferring to leave to
we feel disposed toorder
their release upon bail.”
The minutes of the Cou
Sessions i
County early in.1852 contain a reference to the “ex
travagant rent paid by th
County for the dilapidat
fog hut” used as a jail at
Agua Fria, then the county
seat. This
the rule,
exception.
Such inadequacies were
not limited to jails. Many
counties, like Mariposa, had
no regular courthouse until
1854 or later. Meanwhile, as
the San Joaquin Republican
reported in June, 1852: “. .’
a pleasant arbor .. anSwers the triple purpose of
church, courthouse and
town hall.” But the arbor
was no doubt a greater bargain for the county than the
$700 and more it paid Sheriff Burney in 1851 for the
use of a part of his house
condition was
rather than the
v pe as a courtroom. In San
local sag oN Pine » Francisco in the winter of
the people rap pha 1849-50 juries in the court
agement Of Civil ‘of Judge Almond deliberThus, in some communities
Mexican law and practice
prevailed. In others the
common law of England,
modified by American influence, pevailed.In_ still
other communities a combination of the two systems
was employed with many
gradations and innovations.
As Nathaniel Bennett, one
ated in an open yard—rain
or shine.
In the field of civii law,
particularly the law of property, the rules of the mining
districts of the Mother Lode,
of which there were more
than five hundred,, are a
prime example of the desire of man to live in harmony under rules. known
and understood by the community. This preamble to
the rules adopted by the
Mariopsa Quartz Conventionheld at Quartzburg in
Mariposa County in’ June,
first Supreme Court, wrote
in his preface to Volume I
of California Reports, there
was no written law to guide
the people and judicial of3
Je rue since April 17, when
project was explained
the council by
The resolution follows:
“Be It Resolved by the
} City Council of the City of
Nevada in regular adjourned meeting on the Ist
day of May, 1952, that the
] City Council of said City of
Nevada does recommend the
adoption of the route of the
new proposed highway in
-Nevada County on routes
17 and 16 between % of a
mile south of Grass Valley
and % mile north of Nevada City, and on route 25
* between route 15 (new) and
% mile west, as shown on
the attached map.
“Be It Further Resolved
that the California. Highway Commission adopt the
new highway route immediately, as a public hearing
‘before that body is neither
, Necessary nor desirable.
“Be It Further Resolved
that this resolution be forwarded to the District Engineer of the State Division
of Highways, District 3, at
Marysville. California.”
(The highway numbers
given in-the resolution are
those used for reference by
the Highway Division, and
refer generally to the routes
known as 49 and 20.)
H. F. Sherwood was present to show maps of the
Plaza route, answer ques.tions concerning it and push
for its adoption. (Approval
of the Grass Valley City
Council and of the Board of
Supervisors was also still
to be obtained.)
Occupying much of the
space in the Nevada CityCouncil room on May 1,
1952, was a delegation of
persons from outside the
city who presented a petition signed by 39 names.
Mayor Ray read it aloud.
It said in part:
“We believe the project
will benefit the economy of
the community; that it will
be a step ending the semiisolated status of the whole
area, and will promote its
growth and development.
“Properties along the proposed route have been, in
effect. frozen for a period of
five years; no one wishing
to buy or sell within a quarter of a mile of a survey
1851, illustrates this universtake. It has stopped indificers prior to 1950. Though
Mexican law was supposed sal desire. age
to be in effect, no copies ‘Whereas, we deem the
were available and many protectidn of the Quartz
decrees, supposedly having Mining interest in the Counthe effect of law, were not ty of Mariposa essential to
even printed in Spanish, the peace of said County,
much less English. Actuand —
“Whereas, certain definite
the law was what the aland fixed rules are requisite
calde said it was: he both to the protection of said ininterpreted the terest, and the maintenance
law, and it received its‘supof the peace and harmony
port from popular consent. of thé County, ..”
one and two syllables and
in less than two pages so
that anyone who could
read could understand, the
rules by which -lodes or
veins of quartz couid be
lawfully claimed and thereafter preserved by persons
discovering same.
Each mining district in
thestate adopted a set of
rules by which claims within its boundaries were govsP
‘reute.”
Ray then asked for other
‘comment—ladies first.
Mrs. George Uhrig of Gold
Flat spoke briefly in support of the petition and proposed route. :
Dr. Chapman then had
some questions to ask Mr.
Sherwood, representing the
Division of Highways: “Td
like to know,” he asked, “if
the scare that has been put
into the people is true: that
if they made any complaint
they’d get no highway whatever. I don’t believe that. I
believe the highway commission is disposed to act
on the merits of a case.”
Sherwood replied that
Chapman was correct. He
added. however, that the
commission was eager to
have approval for the project because the highway
planners had
into the plan a new road
to carry heavy truck traffic
around the north of the
city from Highway 49 to
the proposed route of the
freeway. Pending construction of the freeway, this
road would discharge its
traffic at Uren (old Washington Street) from which
trucks would move down
Coyote Street and thus
avoid Broad Street, -Sherwood said. Uren and Coyote
Streets would be improved
to carry the increased load,
and Broad Street would be
relinquished as a state high-.
way.
“Any long delay in. approving the freeway project}
may interfere with this.
plan,” he said, “because the}
state is planning to use for,
this new truck route some!
Federal Aid Secondary Road
funds, of which the county
has not been able to avail
itself. We have only until
June 30, 1953. to use these
funds. Quick approval
would mean we could start
this truck road this fall.”
Chapman then posed the
question: “Why do you wish
to run the freeway through
the Plaza when the bulk
of the articles printed in
the highway commission’s
literature indicate that
incorporated
LEGAL NOTICE
Berliner & Wetherall
232 Broad Street
Nevada City, California
Telephone: 473
Attorneys for Petitioner
No. 12406
NOTICE
IN THE SUPERIOR COURT
OF THE STATE OF
CALIFORNIA IN AND
FOR THE COUNTY OF
NEVADA.
In the Matter of the Ascertainment and Establishment of the Standing of NE.
VADA COUNTY NUG-.
GET as a newspaper of
General Circulation.
NOTICE IS HEREBY
through the Plaza was decided upon because a traffic
test had shown that most
of the drivers heading toPursuing the matter,
was unaninmously in
‘favor of the pers agg
Upon: being as ow
wide the freeway
lanes separated by a median
‘strip. This median strip will
have a maximum width of
Chapman countered saying 22 feet at crossovers,”
that a proponent of the
Plaza route reported recently that a route skirting
the city to the east would
be $800,000 less expensive.
He also said he believed a
four-lane freeway just to
Nevada City’s limits, with
“feeder lines” to some of
the streets, would handle
traffic by permitting it to
fan out where it wanted to
go. He said the proposed
freeway could not be entered or left by cars within
the city, except at a few
points.
Among other questions
asked of Sherwood was:
“Who would pay for such
approach work, the state or
city?” Sherwood’ replied
that the state would stand’
this expense.
Emil J. Ott and Mrs. Arthur W. Hoge of Nevada
City spoke briefly but enthusiastically for the project.
Councilman Taylor then
moved for the adoption of
Sherwood was queri
concerning the tives se
veys often mentioned as
having been made by the
highway engineers, He indicated that the only route
fully surveyed by highway
engineers’ instruments was
the one through the Plaza.
The others had been surveyed with the use of the
latest topograpical maps.
The Grass Valley City
Council. meeting on Tuesday, May 13, 1952, after
three and—a half hours of
debate. adovted.a resolution
approving the freeway route
through their city as proposed by the State Division
of Highways, The council
room was jammed with residents and others, who displayed a divergence of opinion. An informal citizens
vote was taken following
the adoption of the resolution, with 9 opposed and
50 in favor of the resolution concerning the Grass
Valley part of the freeway.
LEGAL NOTICE
No. 6104 .
NOTICE TO CREDITORS
California's mineral production accounts for more
than 38 percent of the Western total.
IN THE SUPERIOR
COURT OF THE STATE
OF CALIFORNIA, IN
AND FOR THE COUNTY OF NEVADA.
In the Matter of the EsJohn Adams andJohn
Quincy, the second and sixth
presidents, were father and
son.
tate of JAMES P;, BRADY,
California vineyard and
winery properties are worth
Deceased.
NOTICE IS HEREBY
GIVEN by the undersigned,
Ethel S: Brady, administrajtrix of the estate of James
\P. Brady, deceased, to the
‘creditors of and all persons
‘having claims against the
. said deceased that within
‘six months after the first
publication fo this’ notice,
they either. file them with
the necessary vouchers in
the office of the clerk of
the Superior Court of the
State of California, in and
for the County of Nevada, .
ior exhibit them with the
inecessary vouchers to the
‘said administratrix at the
law offices of Albert L,
. Johnson, 244 Commercial
Street, Nevada City, Calif.,
the same being the place
for the transaction of the
business of the said estate
in the County of Nevada,
State of California.
Dated: April 28, 1960.
ETHEL S. BRADY,
Administratrix ‘of .
the Estate of
James P. Brady,
Deceased.
Albert L. Johnson,
Attorney for
Administratrix.
Publish: May 4, 11, 18, 25,
1960,
more than $600,000,000.
~ Jim Heather
FLOOR COVERING
Exclusive Dealer In
Nevada County For
MOHAWK CARPETING
The world’s largest :
{ of Carpets and Rugs.
_ MOHAWK
One ofthe oldest carpet manufacturers and a name to be
relied upon.
WE HAVE A FULL RANGE
OF COLORS. AND TEXTURES
AT PRICES RANGING FROM
VISCOSE AT $5.95 A SQ,
YARD TO 100% WOOL
STARTING AT $7.95 UP TO
$13.50 A SQ. YARD.
We will be pleased to have
youcome in and let us show
you our samples, or call and
we will call at your home
with them.
Also we make free estimates. We areconfident you
on find something to suit’
your need.
233 Mill Street
Phone 370 Grass Valley’
send
GIVEN that NEVADA
COUNTY NUGGET, INC.
as filed an amended petiIn the field of criminal
a
THE PAST IN PICTURES printed with his premission.
law, not only was there the then set forth. in words of
Talk delivered to the California Historical Society in
Grass Valley on April 9, edited by Judge Coakley and
The convention on rules oined The rules of the various districts were substantially: similar, but not identical,
The important thing is
that they were so practical
and successful that with
Grass
this photograph was made in 1874. The
=a Se wos
Stained glass window can still be seen
today “on the waterfrount." From the
Doyle Thomas Collection. . se
the mining statutes of California today. They are
fuond in the Public Resources Code. Further, they
are expressly recognized
and approved by reference
in the federal statutes governing’ mining claims.
The crowning glory of
these pioneers who have
been described as debauchers—bloodthirsty and. lawless—is that actually their
instinct and desire for law
and order was so strong
that soon after the Treaty
of Guadaloupe Hidalgo: in
1848, by which Mexico ceded California to the United
States, and almost a year
before California was aditted to the Union in September, 1850, the people
little change they constitute news and intelligence of a
tion in the above-entitled
Court alleging in substance
that the NEVADA COUNTY NUGGET is a newspaper established, printed and
published at regular intervals for the dissemination
of local and_ telegraphic
general character; that said
newspaper has been continuously established and in
existence under that name
for at least one year; that .
jsaid newspaper has a bona
fide subscription list of paying subscribers; that said
newspaper has been both
printed and published at
Nevada City, County of Nevada, State of California,
for at least one year preceding the filing of said Petition.
NOTICE IS HEREBY
FURTHER GIVEN that Petitioner intends to apply to
the -above entitled Court
for an order declaring said
NEVADA COUNTY NUG. GET a newspaper of general
circulation within the County of Nevada, State of Caliadopted a Constitution,
elected a Governor, and
elected and organized a
Legislature. The Legislature
promptly enacted laws and
selected judges to enforce
them.So much for ‘the so-called
‘era of lawlessness preceding and immediately following the formal grengy eg
California into the Union.
What of the laws enacted
and the men who enforced~
them commencing early in
1850?
(To Be Continued)
4 ~~
fornia, and that said application will be made to court
at the Courthouse in Neada City, California, on
the 3rd day of June, 1960,
10:00 A.M., or as soon
er as counsel can
NUGGET, INC.
/s/ Alfred E, Heller,
-Its. President.
JOHN T. TRAUNER, .
By /s/ Jack K. Hansen,
Deputy County Clerk.
212 W MAIN
ADA COUNTY
AND PUBLISHING
ST. GRASS VALLEY .
7
—PHONEN36 2 — * .
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