Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-11-02
TIE sL1cKEns CASE.
Attempt to Fave the Trial Put of-The
1ttornev-ceneral Iesists Il.


nsrfies were not ready to be heard, excep
| The Attorney General, aud by agreement th'
case was put over until P. N. At that hou,
.T,dge TEMPLE called tie case for trial, arc
tsers appeared for the people Attorney
/ General Hart, and for the county of Sacra
rnento George Cadwalader. No appearance
was made for the defendants, and the couase
on plaintiffs sids-except the Attorney Gen
eral aud Mr. Cadwslader-were absent Judge
! Temple said that he had received letters from
! judge Wallace en- one side and Judge Rhode:
on the other, suggesting that the cass would
not be ready for trial, es some matters o.
| pleading must first be disposed ola demur'
rer and motion TO strike out-and that they
could be submitted and argument had in Sar
Francisco.
Attorney General Hart said that be under
stood there were to be efforts made to secure
continuance Of the case He should OPP
poee them. He thought it best to state
briefly the history of the case. Some time
ago he had been petitioned By MIR. Cadwal-
ader, as attorney for Sacramento county, for
the exercise Of the right to commence actions
10 the name Of the People against hydraulic
miners, and to secure the issuance OF iujunc-
tons against them. The first action was
that of the People against the Miocene Min
ing Company. He had then stated that he
would allow but one action to be commenced.
believing shat the issues could be determined
In one case. Many Of his constituents are,
in good faith, carrying on hydraulic mining.
what they believed to be lawful business
Many Of his constituents we're opposed IN inter
est to thatsystern of mining, as. twas urged, It
worked their property irreparable damage. In
the commencement OF many actions ne nlignt
precipitate quarrel between sections which
would be of injury TO the whole State, and
last for years. He had then said that II the
action was transferred to the Federal Courts
for trial he would allow one other suit
to be commenced. The case was so
transferred, and he then permitted the
present action to be brought. At that
time he seut a letter TO Mr.. Cadwaladsr,
which had been published in the RECORD
UNION, telling him that it was desirable the
action should be pushed to its end, to deter
mine as speedily as possible the Issues be-
tween the farmers and the miners, and he
should demand and expect that the farmers
be ready for trial when the miners were
ready. TO make it of interest TO the latter
to get ready he notified them that if any
stems were made merely {or delay-if dila-
tory measures were adopted, with view Of
STAYING of the trial-he would go into the
Courts to secure iDjunctions against every
hydraulic mine in the State. In this way he
had hoped to make it interesting to both
parties to get ready, and to bring the action
to trial at the earliest possible date. he met
the attorneys for the miners, when they pro-
posed to come to trial provided agreement
as to certain matters could be had. That
agreement was arrived at without any delay
Immediately, indeed. He then notified them
to get ready for trial, and both parties had no.
tics TO bring the casa on speedily. That was
some 1noaths age. On the 10th Of September,
1881, he secured from the miners attorneys a
stipulation providing that the case should be
set down for trial at a date not earlier than
thirty days from thgt day. The
matter was then distinctly understood,
and he announced his intention TO have it
Fixed for about the 18th of October. The
matter of setting day came up before
Judge benson, who, because of some demur on
the part Of some of the attorneys, fixed the
case for trial November LIST, with the distinct
announcement then made, in refusing longer
continuance, that the paltie must be ready
for trial on that day. What preparations
the attorneys then made, he the At
torney-General, did not know, but he
knew that, with proper diligence, there
had been ample time to set ready
and prepare for the trial. Subsequent
ly Judge Wallace, for the miners.
| wrote to him, desiring that the case be put
II
wrote, replying that be could not consent,
and refusing to stipulate for q later date.
/ Again, last week he received o communica-
| ton while at Colusa from Judge Wallace,
asking for continuance, and again he re-
! fused. He had also conveyed the same in-
formation to Judge Rhodes, for the farmers.
So they all knew the fact. Mr.. Cadwalader
consulted with him, the Attorney-General,
and said he could not get ready before the
I y l.. IL -, Nd
walader thathe thought he could, and ii need
be, his ask the Governor to direct the State
Engineers force to aid in any way needed.
He went to the Governor and made the re-
quest, and his Excellency consented. Mr..
Gadwalader now told him that he understood
that the order TO the State Engineer was to
be given to him, EIr. Cadwalader. In that
be was mistaken. At least Mr.. Cadwalader
knew that he refused all appeals for contin-
uauce. Judge Rhodes knew that he had re-
fused also. In all this matter lie had no
partisan feeling. He recognized the fact that
the miners have rights at stake /; a right to be
heard that the farmers have rights at issue,
and a right TO be heard, and he
only wished both TO coma before the
Court and enter upon the determination
Of them, q proceeding which at the best viii
be long enough before final determination
| is reached. He did not propose to elbow
attorneys for either farmers or miners to Use
the name OF the people OF the State of Cali
fornia IN litigation on any mere theory; but
/ they must come ready with their facts and
able to establish them il they can. Their
/ neglect to prepare now is a disc5uTtesy to the
! Office he filed. While this case was ia Court
he proposed to manage it, and he had
not authorized either attorneys for miners
or farmers to stipulate away anything
in the name of the people, nor would he do
! so. lie hal heard some stipulation5 had
| been agreed upon he had authorized none.
! He was ready for trial He proposed to
manage it, and ne wanted the case to go to
Trial then. The witnesses were easily had,
and in plenty. He asked that the case go to
| trial at once. He desired the defense by the
miners and the prosecution by the farmers
| to be uncripplsd by any possible technicsli-
| ties of pleading, and to prevent the case
going off on any side issues of that kind I; and
to enable the miners to prove all
| that they desire, as set out N the
pleadings, he would consent that the
demurrer to the answer be oVsrruled
pro formG and be heard at any time during
| the trial or that it be withdrawn and let
| demurrer be taken to the proofs. 10 the
same end he would consent that his motion
to strike out parts of the answer be overruled
pro fo1uaG, and he heard at any time during
N16 tAih4 Va Nuhg ~ 70 LhNl
these things that have been made stumbling
blocks to the trial should be removed.
! MIR. CadTalader here interrupted the
| Attorney General and asked if he charged
him with attempting to put the case over?
AIr. Hart replied. 81 don't say so. You
desired it postponed to the Ion of Novem.
ber."
Mr.. Cadwalader then said that whenever
the case is ready for trial he would be at the
bar of the Court to engage in the trial.
| Mr.. Hart" Let US set il for trial next
Monday, then. Set il, or III dismiss the &C
ton"
Mr.. Cadwalader-"T The engineers are nos
in the rivers making their survey" He added
that he " didn't know there was to be con.
tinuance of the case till pretty close to last
Saturday" He had made an engagement to
be at Red Bluff. He had case to try there,
and he had but six minutes now in which tc
catch the train. He desired the Court TO ex
cuse him.
Mr.. Hart again asked that the case be sci
for day certain.
Mr.. Cadwalader-" Any day you say" ano
ct this point Mr.. Cadwalsder bowed his ex
cuses and left the Courtroom.
Mr.. Hart then read the stipulation as to
setting the case for trial. He added that he
had been constantly beset with requests tc
bring actions in the name of the State and
stop all hydraulic mining interests in the
State. he had refused, because he did not
deem it right by multiplicity Of actions to
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