The weekly Butte record., 1867-03-02


mands the attention of the people of this State and
to its consideration We propose addressing our
selves, trusting that its importance may be deemed
an ample apology for the space consumed.
The prosperity of the State is based on its min
ing interests and any quesrion affecting those in
terests which underiie social condition and
polity, calls for earnest thought and candid aad
every branch of business depends for success upon
the proper development of our mineral resources
therefore, foster protect and divert into proper
channels those great resources, should be objects
paramount to all others.
To accomplish these purposes it is all-important
that the people of the mining districts should be
literally represented in every department of the
State government. But under existing circum-
stances these remarks are more applicable 10 the
Judicial Department Our mining laws are crude
and lily adapted to the purposes for which they
were framed, leaving much to be acco mplished by
judicial application of the principles of the com
mon law to the vast and anomalous interests that
have grown up in the mineral regions of the State
for courts must and do take notice of the political
and social condition of the country in which they
jndically rule and it is in the light of that con-
dition that they apply rules Of law to the facts Of
cases that come before them for adjudication This
application can only be correctly made when those
tribunals are composed Of men who possess an ad
equate knowledge of that condition gained from
experience. Without such experience the appliea-
ton of legal knowledge to a given state of facts
partakes more or less OF the doctrine of chance,
and is destitute of that certainty which should
ever characterize legal proceedings. and without
which but little confidence would or could be felt
in courts. In this State, more So perhaps, than in
any other geographical position, determines the
character of lawyers practice, and fixes and lin
its his knowledge of the social condition and
of the people. From these facts it follows that
San Francisco lawyer is as little fitted to grasp
and properly consider the questions that arise in
mining case as would Plumas or Sierra county
lawyer be TO preside Admiralty Court and
dispose of the multi ude of questions arising under
the maritime laws.
More than one half of the difficult cases that find
their way to the court of last resort in California
come from the mining districts, and involve the
very questions that require for their solution
thorough and practical knowledge of the mining
interests. Yet that court is composed of four
Judges. selected from the commercial and agricul-
tural sections of the State, and of only one from
the mining districts.
1t cannot be seriously questioned that the Su-
preme Court as at present constituted, is unequal
to the requirements of its Office. The material of
which it is composed should be changed as fast as
opportunities are afforded for such changes until
at least three of its justices are drawn from the
legal fraternity resident in the mineral districts,
and familiar with the class of arising therein.
Then and not until then will the great interests of
the State be properly cared for and the difficult
questions arising therein, be rightly and under
standingly disposed of.
The evil is apparent, and the remedy should be
unhesitatingly applied. The people of the mining
districts should no longer submit to such garing
inequality of representation the Supreme Bench.
They should demand that the great interests of the
State should be held subsidiary to the swamp land
and railroad interests that the former should
its proper place, and be esteemed what it is in
terest paramount to all others. Let them take
hold of the matter with determination to elevate
to the Supreme Bench only such persons as those
WHOSE Training auu practice nj them 10 pass upon
the questions that vitality affect their interests.
In this connection it may not be improper to
suggest the name of one whose legal education and
practice emnently qualify him for the position
soon to become vacant by the expiration of the
term of Justice Currey. We refer to the Hon.
Warren T. Sex ton, now and for many years past
Judge of the Second Judicial District, man of
unblemished character, possessing in the fullest
degree the confidence of the people-one who
would bring to the discharge of the duties of the
position a mind trained in the popular forum and
stored with the necessary and all-important know-
edge of the subject matter of the class eff cases re-
ferred to.
An earnest effort on the part of the mining coun-
ties would secure his nomination. Let them work
while yet they may, and make at least one more
attempt to rescue the State from the grasp of mo-
nopolies-restore her prosperity and elevate her
true interests. VERITAS.