Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State eBook

George Congdon Gorham
This eBook from the Gutenberg Project consists of approximately 412 pages of information about Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State.

Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State eBook

George Congdon Gorham
This eBook from the Gutenberg Project consists of approximately 412 pages of information about Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State.

I never could appreciate the wisdom of that legislation which would allow a poor debtor to be stripped of all needed articles of his household and of the implements by which alone he could earn the means of supporting himself and family and of ultimately discharging his obligations.  It has always seemed to me that an exemption from forced sale of a limited amount of household and kitchen furniture of the debtor, and of the implements used in his trade or profession, was not only the dictate of humanity, but of sound policy.

I also incorporated a provision into the Civil Practice Act respecting suits for mining claims, which was the foundation of the jurisprudence respecting mines in the country.  The provision was that in actions before magistrates for such claims, evidence should be admitted of the usages, regulations, and customs prevailing in the vicinity, and that such usages, regulations, and customs, when not in conflict with the constitution and laws of the State, or of the United States, should govern the decision of the action.  At this time suits for mining claims, the mines being confessedly on the property of the United States, were brought upon an alleged forcible or unlawful detainer.  This rule, thus for the first time adopted by legislative enactment, was soon extended to actions for such claims in all courts, and has since been adopted in all the States and Territories west of the Rocky Mountains and substantially by the legislation of Congress.  Simple as the provision is, it solved a difficult problem.

I also advocated and aided the passage of the Homestead Exemption Bill.  That bill was introduced by Mr. G.D.  Hall, a member from El Dorado, and now a resident of San Francisco.  It provided for an exemption of the homestead to the value of $5,000.  An effort was made to reduce the amount to $3,000, and I think I rendered some aid in defeating this reduction, which has always been to me a source of great gratification.

I also secured the passage of an act concerning attorneys and counsellors-at-law, in which I incorporated provisions that rendered it impossible for any judge to disbar an attorney in the arbitrary manner in which Judge Turner had acted towards me, without notice of the charges against him and affording him an opportunity to be heard upon them.

I also introduced a bill creating the counties of Nevada and Klamath, the provisions of which were afterwards incorporated into a general bill which was passed, dividing the State into counties and establishing the seats of justice therein, and by which also the county of Placer was created.

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Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State from Project Gutenberg. Public domain.