Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-08-01

oId school or Judfcature, he has held con-
servative position throughout the latter
years. thinking that it did not only not
comport with the dignity of the highest
court to be hurried, but that the best ends
or justice were more invariably served by
the lapse of time for the settlement of
views ard the research of the laws.
In His Earlier Years.
Yet his earlier experiences were such as
to induce a habit of haste. He relates in
his book. EARLY Days in California" of
cases tried instanter, with less formality
than at times even characterizes the process
of lynch law. But the situation then was
different. 1t was almost a race between
the Justice Of law and order and the Justice
OF brute strength, and the end fully justi-
fed the means. 1t was remarkable, how
ever that almost Immediately after the
founding of the colony Of Marysville, where
Justice Field first settled for the practice OF
law after landing in San Francisco with SO
| In his pocket, he persuaded the rough men
who had flocked thither In the search Of
gold that organization and order were es-
sential. In consequence Marysville became
at once the abode of comparative peace and
good order, and it was almost wholly
through the intelligent efforts of the veneer
able jurist who today lies i'll in San Fran
cisco.
Looking for an Opening.
1t is impossible in the limits Of newspa-
per article to give more than a bare idea Of
the vcssitudes Of this enterprising young
man. who had left a comfortable home to
try his legal fortunes in the gold regions
He was not a searcher for the wealth Of
the land in the usual fashion. He
had none of the mining fever that drew
thousands into the wilderness, where a few
prospered and the majority failed. He was
merely young lawyer, looking for IAN
opening" His experience in finding that
opening at Marysville reads like the tale of
(Nhnzy1aUit Dirapfal a
land agent to spot that was in existence
only on paper and under water, he pushed
bis way on with others who had been
similarly swndled until he and they found
solid ground, and there they Joined with a
few who had preceded them to found a
colony. Within a few hours Stephen john
son Field. brother of the afterward cele-
brated David Dudley Field. and the even
more famous Cyrus W. Field. was chosen
first alcalde, justice of the peace, magis-
trate, in fact. mayor of the place
Prosperous Community.
For a time the story reads like tale in
the Sunday school books. Everything pros
pered. The people were harmonious. and
observing the good effects of law and order
and experiencing the benefits Of 1udicious
administra ton of the petty affairs Of the
colony by the clever young man from the
east, they gave him their hearty moral
support, and he and they prOspered far be-
yond their neighbors, who lived in riot and
imminent danger. But the era of placidity
was soon to be broken by the introduction
of a more regular system of judiciary. The
territory carved out of the lands once be-
longing to Mexico was becoming a state.
A constitution had been adopted and ac-
Cepted by the federal government and the
first legislature was appointing judges. The
material was not of the best sort and pO-
litioal influences were powerful in behalf
of men without capacity. Perhaps 1t was
fortunate for Justice Field that one such
was sent to Marysville to organize the new
court This man was VIM. r. Turner, once
of Texas, who had. like thousands of 9TH
ers, drifted to the coast in the hope of bet
terng fortune. He was utterly unfit for
the bench. and one of his first acts was
to disbar Justice Field and others for al
legged contempt of court. His conduct was
remarkable, the offense of which he COM
planned being wholly imaginary, and thus
began a bitter feud between these two
men. the one calm and persistent the
other violent and tyrannical. and with
power to make or break for the time be-
ing
In the Legislnture.
Justice Field was arrested and fined; he
appealed to an eighboring court for protec-
ton, and this involved the two judges in a
controversy that snacked more of revolu-
ton than OF a legal proceeding. Appeals
were taken to the supreme court of the
state and sustained, but Judge Turner re-
fused to reinstate the lawyers. The young
attorney found his occupation gone, and
his small fortune dwindling. 1t was at
that juncture that the nominations for
legislature were in order and one of his
sympathizers suggested his name. He I'M
dertook the canvass and after a vigorous
fight was elected. He went to Sacramento
determined to do all in his power to cure
the depIorable evil of tyranny on the bench.
Accordingly he set to work to frame bill
that reorganiZed the judicial system of the
state. and SO ably did he labor that the
measure was passed and Judge Turner
found himself transferred to a mountain
Gus district. inhabited. as 1t was then said
mainly by bears and Indians. Representa-
tive Field also framed q bill establishing
q code of laws for the state. which was
afterward found to be of the highest bene-
fit to all classes.
Walking Arsenal.
He prepared articles of impeac hment
against Judge Turl err. which would proba-
bly, have been adopted had 1t not been for
a misunderstanding among his friends By
that time all possibilities Of a personal en-
counter with this remarkable character
had passed. For months, however, Mr.
Field went about the streets of Marysville
doubly armed, prepared at moment
warning to shoot through the pockets of a
coat which he had had specially made for
that purpose. He had even practiced shoot
Ing through these pockets at a mark
Judge Turner had made the most open and
violent threats against his life, and he had
s,nt word back in unmistakable terms that
at the first move of an unfriendly character
on the part Of his enemy Field would shoot
him dead.
This merely illustrates one Of the many
thorny paths that Justice Field had to
travel in his early days as a lawyer and a
judicial officer. Threats Of violence became
common to him before he had risen to the
Supreme bench. yet even then they did not
cease, and they eliminated In 1866 when q
tornado or bomb of a most deadly charac-
ter was sent to him in Washington from
San Francisco presumably from some per-
son who felt injured by decision in which
Justice Field merely conceded.
Duel That Didn't MnteraIi.e.
The trouble with Judge Turner was not
the only occasion when Mr.. Field encoun-
tered danger coming from the judicial
bench. VIM. T. Barbour was declared to
have been rightfully elected q member of
the states judicial system, and during the
controversy that arose over his title Mr..