Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-05-11
CALL FOR THE MILITIA.
What the Yuba County Supervisors Think
of the Campbell Case.

-
of the Campbell Case.
Evidently the Board of Supervisors of
Yuba county are getting tired of the laws
delay at least, one would judge so from
the resolutions passed by them on Friday
last calling upon Governor SLOVENIAN to
place military patrol on the rivers of the
State at such localities wherever hydraulic
miners are violating the injunctions of
Judge Sawyer, for the enforcement of the
DEGREES of the Court.
The resolutions are as follows:
WHEREAS, On the Sd day of March. 1881, Pat
rick Campbell, of 1uba county, principal owner
of the Golden Gate Consolidated Hydraulic
Mining Company, of SmaTtSville, was, on the
testimony of a number of witnesses before the
Superior Court of said county, of which T. w.
keySer is Superior Judge, found guilty by said
Court of contempt, in having, in diSobedience
and defiance of said Court, continuously worked
the said Golden Gate mine, and the Court i'm
posed fine on said Campbell OF $500 or, in de
fault, be imprisoned $50 DAYS in the county
evaded arrest i'll every possible way until Sep
TENDER 18th, last. when he was arrested and
taken into custody by Henry Morse. Of San
Francisco, on a warrant issued from said Key
serS Court, and was Immediately released ON a
writ of habeaS corpus. granted by Judge Toohy,
of SAN Francisco who, instead of immediately
ueClulilS the case, C1iuSF Amusement tOr
four months and then dismissed the writ
and remanded Campbell back TO the custody
of the said officer Morse that said
Campbell, by his attorneys, went before
was granted another writ by Chief Justice
Morrison, the same made returnable before
Judge Hunt Of San Francisco, who, after hear
ing the case, dismissed the writ and ordered him
back into the custody of the officer; that Chief
Justice Morrison then granted Campbell another
writ returnable before Judges Hamilton and
Green OF Alameda, who refused to Interfere, and
Campbell was then granted another writ by
said Chief Justice Morrison, made returnable
before Hon. Judge jackson Temple, of Sonoma
county, who, after hearing the case, dismissed
granted Campbell another writ made returnable
before Judges Green. Hamilton and Gibson Of
Alameda county, in bank, on May 18TH, two of
whom, Judges Green and Hamilton, had once
before dismissed the writ and refused to inter
fcre with the decree Of Hon. ?. W keyser's
court; that on the 10Th day OF April, Campbell,
on his way from Sacramento TO SmartsvilIe, ut
Nheatlana-at which place he had not before
been for nearly two years for fear of aTreSt-WaS
arrested on 4 bench warrant issued from Judge
Keyser court, by Deputy Sheriff.. L. BeYan, who
delivered Campbell 10 the Sheriff Of Guba
county, who lodged him in the county Jail
where he remained over night; that the next
day another writ was granted by Chief Justice
Morrison returnable before superior Judge Nc
FaTland of Sacramento to he heard on May 4th
and the Sheriff was Immediately ordered 10 re
lease Campbell, which was done without bonds,
and on May lth Judge Mcfarland postponed ac-
ton until May 18th said writ. Therefore, be it
ReSOlred. By the Board that our officers are
powerless to enforce the DEGREES of the Court,
when obtained against the owners of hydraulic
mines that after We have obtained decisions
through the slow machinery OF the Courts and
men like Campbell are arrested for diSobeylng
the DEGREES of Court that the Chief Justice of
this State has interfcred ana prevented the law
from being enforced against the hydraulic mines
which Yuba county has obtained decisions
40 81 q hIsPhP1Ipnpp of
Campbell, in refusing to obey the decree of the
Court, that he was fined, and it was an act of
discourtesy in Judge Toohy, of san Francisco,
in granting the first writ and not refusing to in
terfere, in allowing warrant to be enforced by
a Court of the same jurisdiction his own
that it was an outrage on justice to keep the
ing a decision. when the result could not be
otherwise than return Campbell to the custody
of the officer
Resolred, That the citizens of the valley have
been lawabidlng, and the DEGREES of the Courts
must and shall be enforced, and that the super
yisors of the different. counties will use every
legal means in theirpowerto see them enforced
RcS0lrcd, That the granting of six writs of hG-
beaS corpus by Chief Justice Morrison, made re
turnable before as many Courts in the State, is
without parallel in legal jurisprudence.
Re&0lred, That, as a remedy for this insane
and farcical proceeding we call on the Governor
of the State to bring the militia of the State
into requistion, and place enough Of them on
the different rivers where the hydraulic mines
nave been enJ0incd, ana are now running III
open violation of said DEGREES, TO enforce the
DEGREES of the Courts and not allow the
enormous burden of enforcing them to be placed
on the impoverished counties. which have been
nearly ruined by mining debris.
In commenting upon this action the
Marysyille APpeol editorially says: :" Il is
time that il was ascertained whether the
laws are made for observance, and whether
Governor Stoneman will exercise his Just
prerogatiyes or whether the Executive will
cater To the revolutiOnists and the mob
who are placing them at defiance. If the
Governor declines 10 recognize this appeal
for patrol assistance it is hoped the valley
counties will appeal to the President of the
United States for military aid to enforce
the DEGREES OF its Court. The Supervisors
by their action expect to receive the in
dorsement OF the people Of this valley, and
that they will render such assistance as
may be proper and necessary in this criti-
cal emergency.