Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-06-26

the Committee on Platform. and presented
a minority report against the doctrine OF
secession, which report was defeated.
In the fall of 1862 he was elected to the
Assembly by the Ell Dorado Republicans.
He was the author of the Specific Con-
tract law passed at that session, which
authorized the making of contracts for the
payment of money obligations in specific
kind of currency.
In 1868, under a remodeled Constitution,
Judge Sanderson was elected by the Re-
publicans to the Supreme Court, his asso-
ciates being John Curry, Lorenzo Sawyer,
O. L. Shafter and A. L. Rhodes, very able
bench Drawing by lot, the shortest term,
be became, by constitutional provision,
Chief Justice for that period. AT the close
of it he continued as his own successor,
having been elected for full term of ten
years over Henry Hare Hartley, noted
Democratic lawyer of Sacramento, who
died few years since.
On the bench Judge Sanderson was dis
tinguisbed for industry and research, and
his opinions are singularly exact in express
sion. Ills great legal ability was generally
conceded, and his devotion to the profess
sion was also profound.
1t is related that when he went to Wash
ington to make his first appearance before
the United States Supreme Court he en-
tered the Courtroom with a prominent
member of the New York bar 10 introduce
him. AS they took their seats one OF the
Justices was reading an opinion upon some
leading case. Judge Sanderson thought he
recognized the language of the Justice, and
| it was not long before he recognized the
| words as coming from one of his own de-
cisions delivered in California. When the
-. 1n1 hn Iff-ff OnTd
This is the law as laid down by an emf
nent authority, and we heartily concur in
its opinion" As soon as possible the gen.
tleman from New York took occasion TO
present the new candidate, and he said it
| afforded hlm much pleasure to say that his
! friend, Judge Sanderson, of California, was
the writer of the opinion just quoted.
| In the Assembly, February 10, 1868,
| when, on motion of General Barstow, John
f. Swift's concurrent resolution relative to
| the currency of the United States and Cali
fornia was indefinitely postponed, Judge.
Sanderson voted no.
In the Assembly, 1868, one of Judge
Sanderson's colleagues from FL Dorado wes
! the orator, Tom Fitch. The latter's politi-
| cal antipodes, E. ]. C.. Kewen, was in the
same body from Los Angeles. Kewen was
an orator also. The war of the rebellion
| had not yet eliminated. On January 26th,
the House being overwhelmingly Union,
| Fitch introduced resolution providing
that special committee inquire whether
| Kewen had been guilty of uttering in pub
lie reasonable language or committing
reasonable acts ofa character to prove him
disloyal to the Government of the United
States and unfit to occupy seat
in the Legislature. Judge Sanderson
| offered a substitute-that all charges
| of disloyalty against any member of
this Assembly which have been investi-
! gated by the civil or military author
tiles of the Federal Government ought not
to be entertained and that any investiga-
ton of such charges by this House is
wholly uncalled for, impolitic and unwise,
and contrary to The spirit of that clause in
| the Constitution -both Federal and State
+, which provides that mo person shall be
twice put in jeopardy for the same Of
fense." This substitute was adopted, when
the matter was tabled by a vote of "a to
80, Sanderson, Swift and Estee voting aye,
Dodge, Fitch, Sears and Harrison, no.
! Colonel Kewen had been investigated in
the previous fall and imprisoned on Alca-
| traz Island. On October "a, 1862, he had,
after two weeks confinement there, been
released on taking the oath of allegiance
and giving bonds in the sum of $5000.)
A notable decision of Judge Sanderson
while on the bench of our Supreme Court
was that in the case of the People VS.. Pro-
| vines, to be found in the 34th volume of
the Reports, al page $40. 1t broke a long
current of authority, and for that reason
was severely criticized by James Mem.
Shafter and other able lawyers. The case
was political, and the effect of the decision
was to give the control of the San Francisco
police force to the Democrats. The police
appointing power was then centered in the
Mayor, Police Judge and Chief Police. At
the general election in the fall of 1867 the
Democracy emerging from the shadow of
the war, and taking advantage of the di-
vision in the Republican ranks caused by
| the nomination of Gorham for Governor
| elected their full State and county tickets
| With the Mayor (McCoppin) and the Police
Judge (Provines) they had the majority of
the Police Commission, and they were very
| hungry. The Attorney General brought
an action against Judge provinces in the
Fourth District Court to prohibit his acting
| as Police Commissioner, on the ground
| that the functions of such Commissioner
properly belonged to the Executive De-
| partment of the Government, and could
! not under the Third Article of the (old)
| Constitution. be exercised by Judge of
! Court. The District Court decided in favor
| of provinces and an appeal TO the Supreme
! Court was taken. Two Democrats had Just
taken seats on that bench-one by election
and another by appointment of the new
Governor, to fill vacancy. The Court then
stood three Republicans and two Demo-
Gratis. Judge Sanderson believed it was
competent for Judge provinces to act as
Police Commissioner while exercising the
| functions of Police Judge, and as the two
| Democrats Ion the bench agreed with
him." that stood as the Judgment of the
| Court. The opinion was written by Judge
| Sanderson, and is one of the most elaborate
| in the Reports. Judge Sawyer coneurred
| specially, while Judge Rhodes, dissenting,
said Without expressing an opinion as
| to the conclusiveness of his (Judge Sand
erson's) argument, it is sufficient to say
| that am not prepared to overrule a series
| of decisions almost continuous from Bur-
goyne's case in 1855 to the present time.p
When this decision was rendered Judge
Sanderson had entered upon a full term of
ten years. He soon afterward resigned
| from the bench to become the chief coun-
sci of the Central Pacific and Southern Pa
cifc Railroad Companies, at salary of
| So, 900 per annum.
Perhaps the most interesting case ever
argued by Judge Sanderson (if the several
railroad cases which took him TO Washing
ton be properly excepted) was that OF ex
parte Wall This was the great local option
case, argued before our State Supreme
Court in August, 1874. Judge Sanderson
and Lloyd Baldwin presented the temper
ance side of the issue, while John b. FELTON,
and VIM. II. Patterson were employed by
the wholesale liquor dealers. The Court
held the local option law to be unconstitu-
tional. FELTON,, then Patterson, next Bald
win, and now Sanderson, have all passed
away, the last being the one to have lived
beyond middle life.
The San Francisco Esenilg Post Of last
evening adds the following:
| Speak ing Of the ability Of Judge Sander
/ cor, nc q iIlrist Craad HavmOnd- his assn-