USA > California > Siskiyou County > History of Siskiyou County, California > Part 20
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At the time of the American conquest, the courts existed under the Mexican laws of 1837, and were composed as follows in the Territory of California: The highest court, having an appellate jurisdiction and corresponding in character to our present Supreme Court, was the Superior Court of California, consisting of four judges and an attorney-general. It was divided into the first and second benches, the three senior judges composing the first and the junior the second. The first bench was called the Court of the Third Instance, andI its decisions were finał. Appeals lay to this court from the second bench, or Court of the Second Instance. The latter court had first jurisdiction of appeals from the Court of the First Instance, the highest local tribunal then existing, and corresponding very closely to our Superior Court. The lesser magistrates were the first alcalde and second alcalle, having authority similar to that exercised by our justices of the peace. In some districts the duties of judge of the Court of the First Instance were discharged by the first alcalde. The Mexican laws remained in force, and justice was administered through the tribunals established by them, until the courts were organized under the State constitution in 1850.
After the American conquest, and especially after the discovery of gold had led to the wild rush of men from all over the world and peopled a country before almost unknown save to the naked and barbarous natives, the courts became seriously disor- ganized, or rather failed to become organized at all. In the many commercial towns and mining camps that sprang up like Aladdin's castle, there was no law save that administered by the restless and excit- able gold hunter and no court but the bar of public opinion. To remedy this defect, Gen. Bennett Riley, then military governor, issued a proclamation, June 3, 1849, in which among other things he called upon the people to elect alcaldes and judges, under the Mexican laws then in force, who should administer justice until the courts to be established by the Constitution should become clothed with the powers to be given them by that instrument.
This was done in the localities then sufficiently settled to require a magistrate, a condition at which 11
this region, as yet unknown to the miner, had not at that time arrived.
The courts established by the constitution of 1849 were as follows :-
SUPREME COURT.
By the constitution of 1849 the highest judicial power in the State was vested in a Supreme Court, with an appellate jurisdiction of causes involving over two hundred dollars, and in all cases of tax and municipal fines, and in criminal cases amounting to a felony, in questions of law only. The court con- sisted of a chief justice and two associate justices, any two of whom constituted a quorum. The agreement of two of them was necessary to a decision. The term of office was fixed at six years, one justice to be elected in 1851, and one cach second year thereafter. The one whose term was first to expire became the chief justice. The first justices were selected by the Legislature in 1850, and they chose lots among themselves for the terms expiring Janu- ary 1, 1852, 1854 and 1856, these terms falling respectively to S. C. Hastings, H. A. Lyons and Noah Bennett, thus making Justice Hastings the first chief justice. In February, 1852, Justice Heydenfeldt by a joint resolution of the Legislature, was granted leave of absence for six months. It became evident, soon after his departure, that the remainder of the court could not transact business with any facility, because a disagreement between them rendered a decision impossible. The constitution empowered the governor to fill any vacancy in the court by appointment until the next general election, but this was not a vacancy, it was simply an author- ized absence. Based upon this provision, however: The Legislature passed an Act, March 25, 1852, authorizing the governor to fill any temporary vacancy by appointment; the next day Hon. Peter H. Burnett was appointed, but declined to serve, deeming the Act unconstitutional. Hon. Alexander Wells was appointed on the second of April. The constitutionality of the Act was tested on an agreed case, and the members of the court, were divided in their opinions, Chief Justice Murray deciding against and Justice Anderson in favor of the Act. There being no adverse decision, Justice Wells took his seat. When Justice Heydenfeldt returned he gave an opinion concurring with Chief Justice Murray against the validity of the Act, and thus it was declared unconstitutional; not, however, until Justice Wells had retired from the bench.
The amendments to the constitution in 1863 altered the composition of the court, establishing it as it remained until the new constitution took effect, January 1, 1880. The number of justices was increased to five, with terms of ten years, one to be elected every second year. Five were elected in 1863, the length of their respective terms being decided by lot. The causes that could be carried to the Supreme Court were placed at those involving three hundred dollars or more. The new constitu- tion made a radical change in the composition of the Supreme Court. That body now consists of a chief justice and six associate justices, elected by the peo- ple, their terms of office being fixed at twelve years.
DISTRICT COURT.
This was the highest local tribunal of original ju-
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HISTORY OF SISKIYOU COUNTY, CALIFORNIA.
ri-diction, embracing chancery, civil and criminal causes. As at first created it had original cognizance of all cases in equity, and its civil jurisdiction embraced all causes where the amount in question exceeded two hundred dollars, causes involving the title to real property or the validity of any tax, and issues of fact joined in the Probate Court. It had power to inquire into criminal offenses by means of a grand jury, and to try indictments found by that body. In 1851, the legislature took from this court its criminal jurisdiction and conferred it upon the Court of Sessions, leaving it the power of hearing appeals from that court in criminal matters, and the power to try all indictments for murder, manslaugh- ter, arson, and any cases in which the members of the Court of Sessions were personally interested.
The Act creating Siskiyou county did not assign it to any judicial district, but as it was segregated from Shasta county, it was assumed that it still con- stituted a part of the Ninth district, composed of Shasta, Butte and Colusa counties. Of this district Honorable W. S. Sherwood was judge, but he declined to hold a term of court in Yreka, although he made a few orders, as will hereafter appear. When the November election approached the question of hold- ing court here entered largely into the selection of candidates for district judge, and Hon. William A Robertson, county judge, became a candidate, with "Court in Yreka" for his battle cry. The opposing candidates were Hon. George A. Smith and Hon. William P. Daingerfiekl. Judge Smith was the nominee of the Democrats, and upon the promise made by him to hold court here, received nearly the full party vote, and was elected. He never redeemed his promise, and no term of court was held until the next year, when Siskiyou county had become a part of the Eighth district.
The first order on the record of the court bears date May 13, 1852, the day after the county officers were sworn in. It is as follows :-
DISTRICT COURT MINUTES NINTH JUDICIAL DISTRICT, STATE OF CALIFORNIA, COUNTY OF SISKIYOU.
Iu Vacation of Court, May 13th, 1852.
JAMES STEVENSON VS.
SAMUEL LOCKHART,
W. D. AYLETT, AND OSMER. J
Now comes W. A. Robertson, Att'y for Pl'tiff, and files the Plaintiff's complaint in this case, in which Pltiff claims that Def 'ts are indebted to him in the sum of nine hundred and ten and 60-100 dollars, and Pl'tiff also filed his undertaking, with securities, and an affidavit for a writ of attachment. Summ ms and attachment issued and were placed in the hands of the Sheriff for service.
May 20th. Summons returned by She'ff, having been served May 5th, 1852, on two of Def'ts, Samuel Lockhart and W. D. Aylett; and attachment returned same day-property having been levied upon. See endorsement on writ for description of property attached.
May 20 .- And now come Conk & Cosby, Atty's for Def'ts, and file their demurrer to Pl'tff's complaint.
May 20 .- And also this day Def'ts Atty's, and move the Court to discharge the attachment of the Pl't'ff in this case. See mno- tion on file.
May 22 .- And this day come Cook & Cosby, Att'ys for defend- ants, and file their auswer to Plaintiff's complaint.
The regular election for district judges occurred on the second of November, 1852, and Hon. William A. Robertson, county judge of this county, became a candidate in the Ninth district. His proclama- tion appears below, in the history of the County Court.
By the Act of May 19, 1853, and before any term of court had been he'd in this county, Siskiyou was made a part of the Eighth district, with Humboldt and Klamath counties, of which district Hon. J. Montgomery Peters had been chosen judge at the previous November election.
The Judicial Act of Mav 15, 1854, made no altera- tion in the Eighth district, which remained the same until 1863.
The first regular term of court was not held until August, 1853, more than a year after the organiza- tion of the county. The following is a transcript of the record :-
MINUTES OF THE DISTRICT COURT, EIGHTH JUDICIAL DISTRICT, AUGUST TERM, A. D. 1853. ] BEGUN AND HELD AT IREKA CITY, SISKIYOU COUNTY, CAL. STATE OF CALIFORNIA, ¿
County of Siskiyou. y
And now, on the first Monday of August, A. D., 1853, being the time appointed for a term of the District Court to be holden in said county, by " An Act to fix the times for holding the terms of the District Court throughout this State-approved May 18, 1853," comes Honorable Joseph Montgomery Peters and presents a certified copy of his commission from his Excellency, John Big- ler, Governor of the State of California, commissioning him as Judge of Eighth Judicial District of said State, which is in the letters and figures following, to wit :--
THE PEOPLE OF THE STATE OF CALIFORNIA,
To ALL TO WHOM THESE PRESENTS SHALL COME, GREETING-
KNOW YE that, whereas Joseph Montgomery Peters, on the sec- ond day of November, in the year of our Lord, eighteen hundred and fifty-two, was duly elected Judge of the Eighth Judicial Dis- trict ; NOW THEREFORE, I, John Bigler, Governor of the State of California, do by these presents commission the said Joseph Montgomery Peters a Judge of said district, to have and to hold said office, with all the powers, privileges, and emoluments to the same of ri ht appertaining unto him the said Joseph Mont- gomery Peters.
In testimony whereof I have caused the Great Seal of the State of California to be hereunto affixed.
Given under my hand at the city of Vallejo, the first day of Jannary, in the year of our Lord one thousand eight hundred and tifty-three.
Attesu: WM. VAN VOORHEES, - JOHN BIGLER.
Secretary of State.
[Great Seal of State.]
STATE OF CALIFORNIA, ¿ County of Trinnity.
I, Laurance S. Williams, Clerk of the District Court of the Eighth Judicial District in and for the county of Trinity, do hereby certify that the above is a true copy of the original record of sail e mrt now in my office.
[Seal.] In witness where if I have hereunto set my hand and private seal (there being no seal of office provided) the 27th July, A. D., 1853. LAURANCE S. WILLIAMS, District Clerk.
And the said Honorable Joseph Montgomery Peters thereupon directed the Sheriff to proclaim the court open for business; wherenp on it was so done by D D. Colton, acting Under Sheriff.
And now comes William A. Robertson, Elijah Steele, John D. Cushy and R. B. Snelling, and each having filed his affidavit in manner and form, and setting forth the requisite facts, as re- required by the statutes in regard to the admission of Attorneys and Counsellors at Law, and having taken the constitutional oath of office; it is ordered by the court that they and each of them be, and they are hereby, admitted to practice in this court as Attorneys and Counsellors at Law.
When the constitutional changes were made in 1863, Siskiyou, with Shasta and Trinity counties, was constituted the Ninth Judicial district, by Act of April 25th, and so remained until the District Court was abolished by the adoption of the new constitution. At that time the civil jurisdiction was raised from amounts of more than two hundred dollars to three hundred dollars, and it was given the exclusive power to try all indictments for trea- son, misprision of treason, murder, and manslaugh- ter, as well as those which the county judge was incapacitated from trying by reason of personal
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HISTORY OF SISKIYOU COUNTY, CALIFORNIA.
interest. But little change was made in the powers of the District Court after 1863. A district judge had the authority to hold court in any district in the State, when so reqested by the judge of that dis- trict, or upon designation of the governor. This privilege was but once exercised in this county, the September term, 1861, being held by Hon. E. W. Mckinstry, of the Seventh district, by request of Hon. William P. Daingerfield.
On account of the difficulty found in the conduct of legal business so far from the county seat, the Legislature, in 1872, authorized the district judge to hold a term of court in July of each year at Lake City, in Surprise valley. The citizens of that region were seeking to have a new county organized, and this action was taken as a measure of relief to them, until the foundation of a new county could be agreed upon and effected. Court was openel there July 8, 1872, and adjourned from day to day, awaiting the appearance of Hon. A. M. Rosborough, the judge. That gentleman arrived on the eleventh, and court was opened for business, adjourning on the sixteenth. The next year the term in Lake City began July 14, and ended July 18, 1873. This is one of the few instances in the State of court being hell away from the county seat. Modoc county was formed in 1874.
By the new constitution, which went into effect on the first of January, 1880, the District Court was abolished, and all its powers were conferred upon the Superior Court, a new tribunal created by that instrument. The final record of the District Court of the Ninth judicial district, in and for Siskiyou county, male on the last day of its existence as a judicial tribunal, is as follows :-
STATE OF CALIFORNIA,
County of Siskiyou.
Wednesday, December 31st, 1879.
At a regular term of the Hon. District Court of the Ninth Judicial District of the State of California, continued, and held within and for said county, at Yreka City, the county seat thereof, on Wednesday, Dec. 31st, A. D. 1879, Court met pur- suant to adjournment, and was duly called by the Sheriff. The following order having been received from H n. A. M. Rus- borough, District Judge, the Court is adjourned in accordance therewith, to wit :---
It is hereby ordered, in accordance with third section of the twenty-second article of the New Constitution of the State of California, that all records, books, papers and pr ceedings now remaining in the District Court, held in and for Siskiyou county, undisposed of, be transferred on the first day of January, eight- een hundred aud eighty to the Superior Court of Siskiyou county, and in the language of said section of said Constitution, "the said Superior Court, to which the same are thus tran-f rred, shall have the same power and jurisdiction over them as if they h d been in the first instance c anmencedl, filed and lodged therein."
It is further ordered that the District Court of the Ninth Judicial District be, and the same is hereby adjourned sine die. A. M. ROSBOROUGH, District Judge. Attest: JOSEPH RICE, Clerk.
By J. M. DAVIDSON, Deputy.
The following gentlemen held the position of judge of the District Court in and for Siskiyou county :-
Hon. W. S. Sherwood, Ninth district, 1852.
Hon. George A. Smith, Ninth district. 1852-53.
Hon. J. Montgomery Peters, Eighth district, 1853-58.
Hon. William P. Daingerfield, Eighth district, 1858-64.
Hon. E. Garter, Ninth district, 1864-70.
Hon. A. M. Rosborough, Ninth district, 1870-80.
COUNTY COURT.
The County Court was held by the county judge, whose term of office was fixed by the constitution at four years. An appeal lay to this court in civil cases from a justice of the peace. The business transacted prior to 1863 was very small, but at that time it was given jurisdiction of cases in forei- ble entry and detainer, and the criminal jurisdic- tion theretofore exercised by the Court of Sessions was conferred upon it. Thereafter it had the power to inquire into criminal offenses by means of a grand jury, and try all indictments except those for treason, misprision of treason, murder and man- slaughter, which indictments were certified to the District Court for trial.
At the first election, held on the third of May, 1852, Hon. William A. Robertson was chosen county judge. He took the oath of office before Charles M. Tutt, president of the board of commissioners to organize Siskiyou county, on the twelfth of May, and two days later male the first entry on his record as follows :-
In Vacation, County Court of Siskiyou county, May 14th, 1852.
It is hereby ordered that an election for two Justices of the Peace and one Constable for Shasta Butte City Township, and two .Justices of the Peace and two Constables to fill the vacancies in said offices be held at the respective election precincts of said townships on Saturday, the 29th of May, 1852, between the hour of 8 o'clock, A. M .. , and sunset of the same day; and that a copy of this order be posted at the several precinct, aforesaid, at least ten days previous to said election.
Given under my hand at Wyreka City, the 14th day of May, A. D. 1852.
W. A. ROBERTSON, County Judge. Filed May 14th, 1852, for record.
The next entry on the record was also an order for a local election in the newly created township of Humbug, as follows :-
In Vacation, County Court of Siskiyou county, June Sth, 1852.
It is hereby ordered that an election for two Justices of the Peace and two Constables for the Townsh p of Humbug he held at the usual election precincts of said township, on Saturday, the 26th of June, 1852, between the hour of 8 o'clock, A. M., and sun-down of the same day, and that a copy of this order be posted at the precincts aforesaid at least ten days previous to said election.
Given under my hand at Wyreka City this 5th day of June, 1852.
WV. A. ROBERTSON, County Judge of said County.
Filed for record June 5th, A. D. 1852.
The regular election for district judges occurring in November, 1852, Judge Robertson became a can- didate, and issued the following somewhat peculiar election proclamation, which appears on the record of the County Court, dated October 13, 1852 :-
COUNTY OF SISKIYOU, ¿
State of California.
PUBLIC NOTICE.
The qualified voters of Siskiyou county are hereby notified that a general elect on, in pursuauce of the above proclamation, will be held at the different precincts in this county on Tuesday the - day of November, A. D , 1852, to fill the offices specified in said proclamation together with the following township and county officers, viz .: Public Administrator, one Justice of the Peace and one Constable for Scott's Bar Township, two Justices of the Peace and two Constables for Humbug Township, one Justice of the Peace and one Constable for Scott Valley Township, two Justices of the l'eace and two Constables lor Yreka (City) Township.
In consequence of the undersigned being a candidate for the office of District Judge, he declines appointi ig Inspectors and Judges of Election. The qualified voters, therefore, at each precinct, will meet at eight o'clock in the morning and choose
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HISTORY OF SISKIYOU COUNTY, CALIFORNIA.
from among their number one person to act as Inspector and two persons to act as Judges of Election. The Judges and Inspectors will then appoint two suitable persons to act as Clerks. W. A. ROBERTSON, Connty Judge.
ELECTION PROCLAMATION.
At a general election to be holden throughout the State of California on Tuesday, the second day of November, 1852, the following officers are to be elected :-
Four Electors for President and Vice-President.
Two Members of Congress.
Two Judges of the Supreme Court.
One Clerk of the Supreme Court.
One District Judge for each of the Judicial Districts in the State, and one Member of the Assembly for Siskiyou connty. * * * *
*
* * *
* *
Given under my hand aud the Great Seal of the State at Vallejo, this 28th day of September, A. D. 1852.
JOHN BIGLER, Governor.
Attest: W. VAN VOORHEES, Secretary of State.
Filed for record October 13, 1852.
H. G. FERRIS, Clerk.
From the tenth of June, 1852, to the seventh of March, 1853, are entered upon the record fifteen declarations of intention to become citizens of the United States; also on January 26, 1853, an order for the election of a justice of the peace in Yreka township, to be held on the fifth of the following February ; also a habeas corpus case on p-tition of S. N. Holines, held for grand larceny, January 27, 1853. Judge Robertson, failing to be elected dis- trict judge, opened the first regular term of the County Court on the seventh of March, 1853, the following being the record :-
STATE OF CALIFORNIA, } County of Siskiyou. S
Mareh 7th, A. D. 1853, being the first Monday of March, the time appointed by law or a regular term of the County Court, the Court convened at the office of the County Clerk. Proclama- tion was made and Court opened in due form. Present, William A. Robertsou, County Judge ; H. G. Ferris, County Clerk ; and D. D. Colton, Under Sheriff.
The first case on the docket is that of " Theodore F. Rowe rs. Grove K. and Helen Go lfrey," an ap- peal from the docket of Justice J. D. Mason, of Scott River township, which was dismissed at the request of appellant.
Immediately after the March term Judge Robert- son resigned and Hon. Royal L. Westbrook received an appointment from the governor to fill the vacancy, assuming the position in May. The ap- pointment only extended until the next general election, and in the fall of the same year he was elected to the office. The full term of a county judge was four years, and it was assumed that Judge Westbrook would hold the office until his successor was chosen in 1857, notwithstanding the fact that the regular election for county judges occurred in 1855. Acting upon this supposition the supervisors failed to call an election for county judge in 1855, but when election day arrived the friends of Hon. A. M. Rosborough went quietly to work writing his name on ballots in a few precincts, of which two hundred and eighty-seven were cast, in a total vote of over three thousand. The result was a contest, ending in the office being given to Judge Rosborough, who held it continuously until he was elected dis- trict judge in 1869. In 1857 votes were cast for Judge Westbrook for this office, but the effort was of no effect. Hon. William McConanghy was ap- pointed to the office January 6, 1870, when Judge Rosborough resigned to become district judge, and in 1871 Hon. Edwin Shearer was elected, holding
the position until the court was abolished by the new constitution, January 1, 1880.
The final record of the County Court is as follows:
STATE OF CALIFORNIA, }
County of Siskiyou. S Wednesday, Dec. 31st, 1879.
At a regular term of the Hon. County Court, continued and held within a id for said county, at Yreka City, the couuty seat thereof, on Wednes laty, Dec. 31st, 1879, Conrt met pursuant to alljourament and was duly called by the Sheriff. Present, Hon. Elward Shearer, County Judge, and officers of the Court. *
* * * * * *
Ordered by the Court that all cases now pending therein be transferred to the Superior Court of the State of Californi i, held in and for the county of Siskiyou, and that the County Court of said State in aud for said county, be, and the same is hereby, ad- journed sine die.
EDWIN SHEARER, County Judge.
The Judges of the County Court were :- Hon. William A. Robertson, 1852-53. Hon. Royal L. Westbrook, 1853-55.
Hon. A. M. Rosborough, 1855-70. Hon. William McConauchy, 1870-71. -Hon. Edwin Shearer, 1871-80.
PROBATE COURT.
The jurisdiction of this court embraced all probate matters, the court being held by the county judge. At first issues of fact joinel in this court were a ljourned into the District Court for trial, but afterwards the Legislature conferred upon it the power to summon juries and try all issues of fact. There was but little alteration made in the powers of this court, which ceased to exist when the new constitution took effect.
The first and last entries on the docket are as follows :-
PR BATE COURT, Siskiyou County. S
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