New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-10


Alcaide and became the centre OF authority. AS
there jail. robbery punished with NIFTY
lsshes the herc back and warning TO leave
town. As Alcalde Mr.. Field had the banks OF the
yuba River graded. established night police and
KEEP; the record of deeds of real properly. Nhen
the STATE Government went into operation new OIL
GERS were appointed In The following winter Mr.
Field was a member of the Legislature. In his
canvass he rode from camp 10 camp making
speeches In groves by the river side and wherever
he found an audience. In the Legislature his
familiarity with Eastern civil and criminal codes
nd codes Of b n erpeSs
ton to legislation for the protection OF miners He
mining actions the asages aud regulations in force
at the sea, OF ths CLAIM sh9nla goyern .ne or
regions and finally by ccnsress. He also drew
an act In favor of poor debtors. eXempting their
necessary household utensils. tools. implements OF
under D. execution except where Judgment
cred for the purchase money of the ARTICLES The
drawn U' up by him and also btIs regulate civil
and criminal procedure.
REPUTATION BIT NO MONEY
After the session of the Legislature Mr. Field re-
turned to Msrysyille with increased reputation but
40 poor as to be forced to ask credit for week >
board. But in the next six years he built up large
practice In 1867 he was elected Judge Of the su-
preme Court Of the State for the term Of six years
from January 1855 Ninety-three thousand votes
were polled. and ne received plurality of 3o'oov
a
vacancy In the court occurred. and he was appoint
ea for the unexplred term by Governor politically
opposed to him He took his seat in october, isoI
In September. 1880 he became Chief Justice upon
the resignation of the late David s. Terry.
who had killed United States Senator David
e. Frederick I'm Il duel and who. thirty years
later was himself killed by United States
marshal while assaultng Justice Field. The
calendar was crowded with cases involving
immense interests and most peculiar htiga-
tion. There no common source OF !ur'sp'u-
dence There was civil law modified by Mexican
provincislisms and usages. and the common law 10
he decided from the conflicting decisions OF Ameri-
can and English courts. as well as the various con-
sideraons arising from local and other facts the
Interpretation Of contracts, some made in sem'-cN
lied countries. and all the diverse mining comp'c"
tions.
Judge Fields able decisions. especially In pro-
,sctlng land titles gave him Widespread repo'a-
ton When. in 1868. tenth judge was to De APP
pointed on the Supreme Bench OF the United states
from the Pacific coast. the whole delegation Ao''
the Pacific. Democrats and Republicans, went 10
President Lincoln and urged the appointment OF
Judge Field. lie accordingly nominated by '"e
President and unanimously confirmed by the SEN
ate. His commission was dated March 10. 1855 Du'
he did not take the oath of Office until May, ~
washington now became his residence for the great
or part OF the year. although, as he was asssn,a
Court each summer in California, Nevada or Ore
SUN ns Bsnch YEAS IN then her judge fancy who
the following year ana was sust i 49, os ON Inc
bsnch we're Wayne. Cstron, Nelson, GreT. clifford
swaype, Miller and Davis notsOle case Il, h Su"e 81
Mlsan. resident d lpdisns Who H.; in oG'0Ss as
1864 six months before the close OF me %sr 90 ~
district and thrown into prison he was
win eOnspng against ths prncs and was
tried and sentenced 10 death by military sonhibS
supreme Court and the judges unanimously decree
that the man should be set a. BeeIH IN renS =.
their decision entered solemn declaration ID sup
port Of civil authority as against military f'ou""'S
THE TEST OATH CASE.
Soon afterwsrd came the celebrated Test Oath case
In the Constitution of Missouri had been inserted
provision requiring any one holding any STATE OIL
nee. or filing any one OF numerous POSITIONS, "
take the ironciad oath. which contained more than
thirty aHrmstons. the purport being that the per
son had never been concerned in the Rebellion nor
favored H. A Roman Catholic priest IN Mssou'',
Father Cummings. was indicted for teaching and
preschng the Gospel without taking this oath and
sentenced TO pay fine Of $500 and to be eo'hhn'tei
10 jan until it was paid The Supreme Court OF
Missouri sustained the judgment, but when carried
90 the Supreme Court Of the United states. 'uuse
Fled gave the casting vote against It, four ,us'ieeS
voting 70 sustain IL. Numberless cases were
brought before the Bench arising from the war
cases Of pardon and amnesty. OF the eohnsS SEA ,
OF properly and Of the seya a Pbse R.eonstruc
Ton Acts CT Congress. BY which the South was d.
TO this policy Judge Field was extremely opposed
IL The Legal Tender cases he stood MN Sh,s s Act
81 Congress making paper egai ienaer iol 'n NJ
payment OF debts In the saushterho1se cases o b be-
h Sr a re- %f6, sa as Ss
I'M T6s case OF protection Of sealed matter in the
mails ne held that letters and packages supgect 10
er onS under special warrant issued upon
oath In his dissenting opinion on the constitu-
ss sD Fl ne he arsnsG for ' the nsosby Of
T ss %aG s Ry uS Sss'f s an a
pany with John w. Dwinnelle and Jackson Tempe,
APPOINTED by the ose ,b Codes 81 ~ the state
and prepare necessary amendments, , rhese %e i
sirsra Ip Wsss sdoptsd by the Legs-
lsiur@.
ON THE ELECTORAL COMMISSION.
In the beginning Of 1877 Judge Field was
designated I'm the act Of Congress creating the
Electoral Commission as one OF the nve Judges
@, the supreme Court who members. Judge
Fe,d dissented from the REV OF the majority or
the Commission who refused go behind the GER
,hcates forwarded from the different States and
considered that their duty simply 10 announce
tire results OF these certificates. Judge FIELDS posi-
ton here together with MS opposition in previous
yearr 10 the Reconstruction acts, gave him prom
inence IN the Democratic party. and he was placed
among the candidates for the Presidency in lsso
he had always been Democrat acting with me
party except dnring the war. when ne supported
the Administration Of President Lincoln on the
first ballot in the Democratic Convention at Gin
ennat. Judge Fiem received sixty-hve votes IL
has been stated that ne had Assurances from mem
hers Of the Convention and from influential pot-
tc.ans OF 20 votes. He failed. however. OF the
earnest support OF his own State. The California
delegates hal been chosen by convention innu-
enc.d by Kearneysm and Communistc theories
to which Judge Field bitterly opposed. He
had Also been injured In popularity by his de-
cs.on in the Queue case The city OF San Fran
cisco passed an ordinance Furnishing Cinnamon con-
vietsd OF certain offences by tine or imprson
ment and also ny the loss IF their queue. But
Judge Fled decided that the &C, was unconstitu-
.iopai being contrary to the XVIII Amendment
LII. 20 n,l. Nth Cninn Fran