The record-union., 1891-09-05

filled this important position for five years,
and was then reappointed, but resigned in
May, 1878. In the meantime he had con-
tinued to practice at the bar.
In June of the same year, 1878, his
high ability as a lawyer, his judicial ca
paclty, his breadth of grasp in consider
ing constitutional questions, and the pro-
| found impression his character had made
| upon the people, led to his nomination
| by the Non-Partisans to the Constitu-
tional Convention, to which he was
elected by a sweeping majority. He
served in that body with distinguished
ability and stood to the front with such
eminent lawyers, members of the con-
vention, as s. NJ. Wilson, John S. Hager,
James Mem. Shafter, Isaac S. Belcher,
Alexander Campbell, NJ. NJ. Estoe, Vol
ney E. Howard, Henry Edgerton, j. w.
Winans, Eugene Casserly and others.
In that body, unquestionably the most
important and representative ever assem-
bled under the State Government, Judge
Mcfarland took a leading place, and his
! persuasive elOquence and vigorous rea-
! soning was heard on all leading Qestions,
notably upon The Bill of Rights: the
Federal Constitution; Imprisonment for
| debt; on trials for libel; on the Legislative
| Department; on the Judicial Department;
on the political power of the people;
on the school system; on revenue
and taxation; on the right of suf-
frage; on local option. His splendid de-
| fense Of the Constitution of the United
States in speech before the convention,
October Is, 1873, was specially bold,
| courageous and maSterly effort and de-
| serves to be ranked with the better of the
defenses of that charter of our liberties
which grace the annals Of our national
| history.
While Judge Mcfarland was serving
in State and Federal offices, and was en-
gagged in an extensive law practice, he
| found time to serve locally, and with a
| deep sense of duty as citizen, the COM
munlty in which he lived. Thus he was
always prompt to report to every COM
munity call, actively participated in all
| local, social and political concerns of i'm
! portance, and served with zeal and love
upon the City Board of Education, where
! the people sought to retain him con-
stantly,So valuable was his work as a
director.
In 1882 Governor Perkins wrote to
Judge Mcfarland requesting him to ac-
cept the appointment of Superior Judge
for Sacramento County, the office becom-
ing vacant by the resignation of Hon. S.
| Z. benson. The offer was made without
Judge McFarlands seeking. He ac-
cepted the commission and took his seat
| upon the Superior bench in December,
1882. The term expired in 1884, when the
Republican Convention by acclamation
elected for full term of six years by
sweeping majority.
Such an impress had this iurist made
upon the public mind that when the
question Of choosing Supreme Judges
again came up, Judge McFarland's name
presented itself to all minds as one of the
men from among whom the new Justices
must be chosen. He received the nomi-
nation of the Republican State Conven-
| ton, and in November, 1888, was elected
by gratifyingly large majority to serve
twelve years upon the bench of the high
est tribunal ofthe first State of the Pacific
Slope.
Judge Mcfarland is now about to put
aside judicial robes for a few weeks, and re-
turn to the old tWo-stOry stone house with
its antiquated gables and rural surround
ings, where he was born, and where
his eldest brother, r. Parker Mcfarland,
still resides. 1t is a house around every
stone and beam of which cluster precious
memories Of the family, and in which his
father was born nearly a century ago.
Disappointment is the experience of most
Californians who return to the old home
after many years of absence-the changes
have been SO great and many; such a
multitude Of old-time companions have
gone over to the other side. and so few of
the gray-haired boys remain to welcome
the wanderer home. Then, too, such a
myriad Of strange faces crowd the way
and so many thousand cold and curious
eyes look the stranger in their gates over
and over, to his embarrassment, and
render him solicitous to return to the
scenes of his new love.
But Judge Mcfarland is a clear-headed,
closely reasoning and not nervously eX-
pectant man. He knows that the plOw
does not stand in the furrow as he left it,
nor does the corn grow just where he
once piled the hoe. The hills and mount
aims are there as of old, but cut and fash
iOned by mans advance, and cultivated
where he knew only deep thickets and
heavy forests and uncontrolled water
ways and falls. The most of the family
have gone over, but some remain to en-
brace him, and he may yet be privileged
TO take the dinner-horn from its nail be-
hind the door and wind it as he did
nearly forty years ago, to call from labor
to rest and retreshment.
We send back our friend and the friend
OF the people, the genial, open-handed,
large-hearted, sympathetic man, ripened
and full of merit, and crowned with
honor, an honor that is the goal of an
honorable professional ambition. We
send back 10 Pennsylvania their youth
fashioned by California and his own
genius into the sedate jurist, whose locks
are more than silvered o'er, but whose
heart for humanity is as warm as ever in
the flush of young strength and resolu-
ton. We expect the people Of Pennsyl-
Yania where he used TO live to be proud
of the man of years and full development;
we speed with love to remind them of
the youth they sent to US at time when
there was room in the front rank for
those only of manly worth, unfinching
courage and fixed high purpose.
Judge McFarland's career upon the
District, the Superior and the Supreme
bench has been one of eminent satisfac-
tiOD to his friends and m tha whole Sto+a
His decisions are marked by the same
vigor, strong reasoning, lucidity, straight
forwardness and strength that distin-
guished his judgments upon bench Of
less judicial importance. The opinions
that he pens are never open to misappre-
hension or doubt as to their meaning.
Directness is a virtue Of especial note
worthiness in the legal utterances of this
jurist. His knowledge of the law is COM
prehensive, settled, and compasses q
reading as broad as the limits of the
science. His capacity for weighing evil
denCe and ascertaining its values is not
surpassed by any occupant Of an appel
late bench. He is progressive, does not
look at the world over his shoulder as set
III groove, and men as the mere Great
ures of environment, but as beings with
possibilities superior to circumstances if
they so resolve. He is thus prepared for
reforms, and in the law he has had the
courage to suggest radical revolution in
several respects, in the matter of new
trials and appeals lending his pen a few
years ago TO leading magazine to out
line advances that he thinks the law must
make to keep abreast with the forward
movement of civilization.
He IS man of strong literary tastes,
and while upon the rostrum he has been
q fiery champion of the political cause he
espoused, and in constitutional debate