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Collection: Newspapers > Nevada County Nugget

May 25, 1960 (8 pages)

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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 — * . toes ohe @ aa