The record-union., 1893-10-21
A Protest Against the Will of the
Majority.

been plank sidewalk which needed re.
pairs. and they have repaired it with
planks and made it passable for the
public.
Is there an intelligent man on the face
of the earth who will call that a crime
Is not the ordinance which declares 8
thing crime which (every body knows,
is not a crime lie, instead of a law.
/ | believe that | have never broken an
ordinance yet, but would like to break
that one (and some others) so thoroughly
that it land others) could never be
mended. Men will submit to such
tyranny from self-interest, because it is
cheaper to submit than to defend them
selves with law. They cannot be justly
| blamed for that.
The people are too cowardly to protest
against this state of affairs; and l am not
sure but their cowardlce IS praiseWorthy,
! for / think it is not fear to speak openly
for Justice, but fear that by questioning
its justice they will bring discredit on the
ordinance, made by the voice of the peo-
| pie, "who are supreme" through their
representative body" consisting of three
men, two of whom asserted that it IS the
will of the people, without ever having
consulted the people, or submitted it for
| their ratihcation-which should be sacred,
omnipotent law.
Now 1, being a irst-class lawyer, am
not subject to this cowardice, and l assert
openly that the ordinances under which
such arrest are made are unconstitutional
and should be- void.
The people themselves have no legal
right to pass any such ordinances, and
they cannot delegate power which they
| do not possess.
| Legislation was established to prevent
injustice between individuals, and the
Constitution was established as the basis
of all law to prevent unjust legislation.
The Constitution declares that taxation
shall be equal. The taxes imposed upon
| individuals by ordinances are often un-
equal.
1t is just as certainly a tax when an
! individual is forced to construct side
walk and pay for it out of his own pocket
as are the taxes levied on the assessment
roll: if las is claimed the land and side
walk belong to the people; and unless the
! land and sidewalk (after it is constructed
! belong to the individual; and in either
case, when a person is required to use
more costly material than he can afford
! the ordinance becomes unreasonable, and
! it has been decided that Ordinances must
be reasonable" Very many good side
walks have been put down on cheaper
! foundations and of cheaper material than
| those now required by ordinance, conse-
quently the present ordinance is dis
eliminating and unjust, and, therefore,
/ unreasonable.
| 1t has been decided that ''the grant oi
legislative power does not include the
right to attack private property"
Awnings are private property, but oul
City Trustees assert the right to order
them removed-which is certainly de.
| Struction of their value-claiming thai
they have derived their power from the
people, whom they have never consulted
and who do not possess the legal right tc
| pass any such ordinance, or enforce it.
Because they have the right to order
unsafe awnings removed, they claim the
right to order the removal of all awnings
! Certainly they have the same right tC
order the removal of the new awnings
Just erected that they have to order the
removal of those of the old style, which
are equally as safe as the new (and some
of them are more safe).
This principle would give them the
right to order the removal of any build
ing, because they have the right to order
the removal of unsafe buildings The
principle is not law, and it is dangerous
to the liberties of the people to permit il
to be exercised. Don't get the idea that |
am finding fault with present or previous
city officials. only wish to show the
absurdity of some of their claims tC
| power derived from the people, and
=
power possessed by the people under the
Constitution, but which under mistaken
idea that is for the public good, has been
and is being used largely in excess o1
| that power.
Perhaps you will wonder where 1 go
all Of this legal lore, but L can explain
that. When l was young l read the
statutes good deal, and | took one les
| son in law from General 10 Hamilton.
l believe he taught me all he knew in that
one lesson, and he is tirst-class lawyer.
| Therefore. claim to be first-claSs law
| yer Though not in practlce.) He was Dis
| trict Attorney in Placer County then, and
L was Justice of Peace in township 9. 1t
annoyed me greatly when l consulted
my counsel to have him pull down his
| law books and read over the statutes
which L had read dozen times or more,
so l said to him: 81 have read that, bul
what | want to know is whether it ap-
! plies to this case or not, and If not, what
! law does apply" The District Attorney
slammed his book together and looked
me in the eye and remarked, with some
| emphasis: Young mani when you have
any case before you, and you are in doubt
about the law, you decide what you think
! is justice, and | will guara ntee that you
won't be far from the law
l believe no wiser counsel was ever
/ given to anyone, and since then l have
/ always assumed that justice is law, but
! the present representative body Of the
i people" in our city seem determined to
convince me either that justice is not law
or that law is not justice. l don't know
which.
Thinking of this old-times counsel
calls up other "reminiscences. 1 was
elected Justice almost unanimously and
never asked vote or left home and after
serving three years l was reelected in
the same way, but refused to serve.
don't want to mislead anyone with the
idea that was very popular at that time
| business men and politicians will com.
prehend from the simple assertion that
the office was not worth what used to be-
called continental rag, but 1 suppose
that was very brilliant Justice all the
same. Here is one sample:
There was a family in the TOWNSHIP
whose members were almost constantly
wrangling, and often bringing complaints
against each other usually of assault anC
battery and almost invariably wanting
the complaint dismissed before trial, but
if this was not allowed, the evidence was
never sufficient to convict.
l got tired of this repeated perform.
ance and found a statute allowing the
Justice, at his discretion, when complaint
| was brought without reasonable cause, tc
tax the costs to the complainant, which ]
proceeded to do. This was startler tC
the whole community, and was received
with CONSERVATION by the complainant Ia
woman) and her friends; but the statute
was plain, and they had to accept il
After consulting with her friends, she
stated that none of them had the money
with them to pay the costs, but if
/ would kindly loan them the amount they
would certainly reimburse me in dag
or two. was soft-hearted in those days
and guess little soft-headed, too, so
loaned them the money and they paid the
costs, but they never returned the loan.
haliaxra tho no rtiaa are oil dna6 rantxt