The Shasta courier. [volume] (Shasta, Calif.) 1852-1872, 1853-05-28

forms no part of his duties. By our Constitu-
ton, Art. g. sec. !, power to construe and ex-
pound the law is vested in the different Courts
OF the State-not in the Attorney General The
decision or opinion of the Supreme Court. and
OF no other tribunal or officer, is recognised as
binding upon the Judge and Court Of the Ninth
judicial District. To its judgment, differing
however widely from my own, shall ALWAYS
bow with most willing Difference.
repeat, that have failed TO see the object of
making this discussion public. You are certain
ly aware that legal questions are not settled by
newspaper discussion. You surely do not ex
pect me TO be thus Influenced in my official con.
duct. If SO, you are quite mistaken NV duty
shall be drawn from the law, and be DISCHARGED
| trust without re ard to other Influences than
The obligation OF my oath.
have word for your County Clerk When
| arrived IN Siskiyou County last fall few DAVIS
before the election, it was the generally receiy-
ed opinion oil its citizens. that it was il, the 9th
District. For this opinion I was in no wise re-
sponsible. The whule matter was preiu,lged
before my arrival. One of my opponents had
already canvassed the County, the other was
resident. The arrangements had all been made.
the vote OF the County was to be cast fol District
Judge OF the 9Th Judicial District and my oppo-
nents were TO divide the vote between them.
The OPINION was generally entertained and pub
iciy expressed, that | could not by any posi-
blllty, get a dozen votes in the county. No SEN
sible man, apprehend, in this state If the case
would expect me to commence quarrel with
the people OF Sskiyou, on the eve of the election
Tas 10 whether they had a right to vote against
ne | would not certainly be guilty of the alb
surdity OF telling them they had no right to vote
tor Judge OF the Ninth District, and in the same
breath ask them to vote for me. 1t ia possible
that III my speech at Yreka, although have no
recollection OF the fact, may have inadvertly
included Siskiyou in my enumeration of the
counties composing the District in accordance
with The current belief and expression may
have spoken OF it incidentally as all others spoke
OF 1t, III order 10 avoid dispute and discussion
Ii certainly was not made a question. My at
tention was not directly called To it. The ques-
ton was not put TO me at any time, whether Sis
klyou was part OF The 9Th Judicial District or
not, II II had been certainly should have stated
my opinion III The negative. AT the Tehama
Convention | was first led from the statement
OF Capt McDermott, (ihe law was not then pub
lished) 10 doubt that Sskiyou was part of the
District. From an examination of the law
which was published but short time before
the election, that doubt was confirmed into be-
lief. The vote Of Ssaiyou, however, was to be
given. | could not stop il if had tried The
only question TO be decided by myself and
friends was, should we allow all the votes Of
Slskiyon 10 be given to my opponents, or should
"NS'TC
question was discussed, aud as it was believed
by us all that was certain to obtain majority
IN any event in the District, without counting
the vote of Siskiyou it was thought that by max
ing an effort in Sskiyou, might possibly OBJ.
tain a majority including Siskiyou, and thus
avoid all question or dispute as TO the result In
accordance with this view. went into Siskiyou,
the result of which is well known
For the warm friendship shown me by many
citizens of Siskiyou. shall always feel the most
lively emotions OF gratitude. l trust shall
never forget their generous exertions in my be-
half But they will recoect that my views of
the authority given me by law, and of the duties
incumbent upon me, should not, cannot be in
huenced by snch considerations.
feel great reluctance in making my conduct
as Judge matter of public discussion. The
only inducement i'll this instance, was the osten-
tacious publication of The opinion of the Attor-
ney General. This is the only communication
can make upon the subject. l shall hereafter
content myself, with an earnest attempt to dis
charge the duties of my station, &c. &c.
remain, most respectfully,
Yours &c
GEO. ADAMS SMITH