The weekly Placer herald., 1854-09-02
ADVER TISEMENT,
AUBURN, AUGUST 3 9th, 1854.

EAODCAtA~, ThUoOol OOtu, IOO1.
Editor Herald:-Sir: In issue of to--day's
Placer Democrat | notice an article head
ed 'whig economy, in which my name figures
to a considerable extent, as being the only
whig member of the Court of Sessions, and
although fully appreoiatve of the source
from which the kick emanates, feel bound
to brush off some of the dust which the hoof
has left on my garments.
The charge of using the names of other
men and involving them in difficulties without
color Of authority, has often been made
against the sheet in question and this is no
exception to the common rule.
In the statement of facts which I shall
make, believe that even Judge Fitzsmmous
and Justice Applegate will bear me out and
if not refer the public to the records of that
court in which my dissent, and reasons there
for appear in full The following is the COR
rect acco unit of that transaction, which give
as within my own knowledge:
In the spring of 1852, a meeting was held
at the National Hotel in Auburn, for the pur-
pose of constr citing n wagon road across the
Sierra Nevada Mountains, from Auburn to
Carson Valley, the result Of which was the
appointment of committee to solicit sub
scrptions for the construction of such
road OF their success in collecting l have
no knowledge, but nothing of consequence
had ever been heard of the road up to the
time of the passage of the special act of the
| legislature permitting the court of sessions to
audit the accounts of Smith and Avery. No
emigration has ever passed over the road.
and in all human probability never will. 1t
has proved q failure, and the money laid out
IL ha hnpn thrown I tta1
the loss sustained by Messrs Smith and Avery
as would that Of any friend who should
prove unfortunate in any private speculation
have always considered the project in that
light, and | believe that nineteen in twenty of
the persons signing their petition so looked
upon it 1t was plainly palpably so. Every
person engaged in it was directly interested
in a large amount of travel on the road -
Messrs. Rust Smith. Ferris and Roberts were
all Inn-keepers on the direct line of the route
Mr.. Roberts sought and obtained the appoint.
ment Of County Auctioneer and issued hand.
bills advertising an auction and cattle mart
Had the road been feasible one the parties
who constructed it would have amassed for
tunes The interest in the county at large
in that road was SO SMALL sc remote, that |
fail to perceive it 1t utterly failed and the
county pays the bill, with as much propriety
as it would have paid the loss at Drunkard's S
Bar last year, because there was no gold in
the bed of the river.
When the court first entertained the petit
ton presented by Smith and Avery (Judge
Fitzsmmons, Justice Applegate and myself on
the bench, Judge Fitzsilnmons left his seat
stating that he felt delicacy in the matter,
inasmuch as he had advised the parties to the
step they had taken, Che afterwards however
took his seat upon the bench and decided upon
the matter) Justice Applegate and myself
then adjourned the court ten days to consider
the application petition containing some
two thousand names was presented, but that
it was compared with the assessment roll |
deny, and Judge FitZsimmons nor Justice Ap-
plegate w III contradict me The number of
names was sworn to by Mr.. Ryerson, and was
found to be less than majority of the mum.
Der Of poll tax payers The court remained
in session two days longer to enable the petit
TONERS to obtain enough additional names,
which they succeeded finally in doing, and the
bills were audited for $5072,87. then dis
sented from all the proceedings of the court,
because it had not been shown to the court by
the oath of any disnterested witness that a
maj ority of the tax payers Of the county had
so petitoned And further, because it was
inexpedient to reimburse from the County
Treasury losses sustained i'll private specula
ton.
Thousands Of dollars have been expended
by private citizens upon public highways Of
this county, which never would have been
paid by the court | did then, and do now,
openly and to the world declare, that the
auditing oft those bills was an i'll ad vised, un
just and improper application of the public
funds
II. r. HAWKINS, A j.
n51 1t Court of Sessions.