Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-05-11
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THE YUBA SUPERVISORS.

The Supervisors Of Yuba county have.
issued a series of Indignation resolutions
That they have cause to feel that the
efforts TO enforce the DEGREES of the Courts
made against hydraulic miners are rem
dered futile by interrupting orders OF Other
Courts cannot be doubted. There Is moi
need for heat, however in this case. In
dignation is parlonable, but it is better toI
keep the temper. A Court competent tol
SO decree, ordered mining superintendent
TO be punished for contempt in operating a
hydrulic mine, in defiance of its order, that
the Court had declared to be public NUS
ance. This was in March, 1884, but the
the Superintendent cvaded arrest until
September OF that year Being then taken,
he was granted the benefit Of the writ Of
habeas corpus, and remanded by q compe-
tent Court. After that another Judge is
sued four successive writs in his behalf
returnable before different Courts, and each
one remanded the prisoner. The same.
Judge then issued his fifth writ, and the
prisoner was taken before the sixth magis
trate on habeas corpus, and the case viii be.
heard by him next week in this city. We
understand perfectly the duty of Judges
TO whom proper petition for The interpo-
sition Of the writ Of habeas corpus is pre-
scented; We understand also, perfectly
well, that there Is a point beyond which
the endurance of q people cannot he safely
strained. 1t certainly does appear as if
the exhaustion Of remedy had been at
FAMED when five successive appeals for lib
erty have been denied by five distinct
Courts. The people of the State engaged
in hydraulic mining are just As deeply IN
teres;cd in having the DEGREES Of Courts
enforced, a, those Of any other section and
no one VIII venture even TO suggest that
they be denied any possible legal right, or
be cat short Of any form of remedy what
ever. There Is no feeling of
amnesty among the people Of the valley
again, hydraulic miners. and that people
have never authorized the harsh expires
sions some have INDUCED in. This matter
they iUlly realize is not 10 lie settled by
situueration. Its cold mattcr Of law.
The law must be respected, and the de-
crees Of the Court enforced The appeal,
therefore. or threat to appeal, by the Tuba
Supervisors, to the Governor for military
aid, j. not timely or right tempered Until
civilproccss and power are exhausted there
can be no resort TO the military The law
clearly points out when the military arm
may be invoked, and what PREDATORY facts
must exist and certifcations be made.
When these are made it is not to be doubted
that the Executive will interfere But 50
long As The Courts interpose legal processes
to the enforcement Of judicial DEGREES,
there cannot be said to exist state Of facts
justifyins the appeal of the Supervisors of
Yuba. Their indignation is not without
cause, but their call for troops, their own
advisers viii instruct them. is not author
lied and cannot be complied with and
hence it Is to De feared that it viii rather
injure than aid their cause. All citizens
against whom Court processes issue must
obey them, no matter what their vocation.
The hydraulic miner and the agriculturi,t
alike must respect the tribunals Of the
land. Their processes may bc yexatious.
and their delays intolerable, but they mus,
he borne, When, however, any person
against whom process issues resists It's en-
forcement, arms or fortiies against it, and
renders, by force, the civil authority made
quate 10 execute the Court DEGREES, then
and not until then can the Executive be
invoked to resist force with force. This
must he clear to the Yuba people who are
at ali familiar with the law
It Is to be hoped that, if the civil au-
thorities are unable in Yuba, or any other
county, to enforce the decree Of a Court di
recting operations in hydraulic mine to
be suspended the proper official will resort,
to the full extent, to the power given him |
with a posse of the county. If then he |
shall be unable to command obedience, let !