Plumas County CA Archives History - Books .....Historical Reminiscences - Early Justice 1882
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Book Title: Illustrated History Of Plumas, Lassen & Sierra Counties

EARLY JUSTICE IN PLUMAS COUNTY.

   During the four years that Plumas was attached to Butte county, there was no
court of justice in this section, except the migratory court of Squire Bonner,
an individual whose peculiarities will be related a few paragraphs below. For
ordinary cases of disagreement, the miners had a rapid and satisfactory way of
adjusting affairs, that admitted of no appeal, and was concurred in by all. The
miners' court was an institution much venerated and respected by the law-abiding
gold-seekers, and as deeply feared by the wrong-doer. Occasionally mistakes were
made in the summary manner with which they dealt out justice to offenders, and
it frequently—nay, generally— happened that the punishment inflicted bore but
faint resemblance to the penalties borne upon the statute book. Law, as
administered in courts, was but little regarded; but to do even and exact
justice was the aim and generally the result of the proceedings in a miners'
court. When any dispute occurred between rival claimants to a piece of ground,
when any one complained of a wrong of any kind done him, when robbery had been
committed or a murder perpetrated, the people were called upon to assemble. They
generally met on Sunday, in and around some trader's cabin, or the most
commodious saloon in the camp; and began proceedings by the election of a
chairman, or judge, whichever was required by the nature of the business in
hand, and a clerk. If it was a criminal case, a sheriff, jury, and two
attorneys, one to prosecute and one to defend, were also selected. Witnesses
were sworn and interrogated, the jury deliberated and decided, the judge
directed the sheriff to execute the verdict, and that official did it to the
very letter and spirit. If the business to be attended to was simply the
adjustment of disputed claims, the matter was treated coolly and
dispassionately, and from the decision of the meeting there was no appeal. In
nearly every mining camp such assemblages as these occurred, and it is the boast
of the participants that justice was more certain and expeditious under that
system than it has been since it began traveling in the regular avenues of the
law. A few instances will serve to illustrate the method of pioneer courts.

   In the spring of 1851 Mr. F. B. Whiting was elected mining recorder by the
miners on Rich bar, middle fork, and was allowed by the laws of the district the
sum of one dollar for each claim he recorded. The question soon arose whether he
was to be allowed one dollar for each claim of 200 feet allowed by the laws, or
only that sum for the notice of a dozen men associating together as a company,
and recording a dozen claims at once. A miners' meeting was called to pass upon
the point. Mr. Whiting presented his argument, and a plea in favor of uniting
claims in one notice was made by a lawyer named Polk. The matter was then
submitted to a vote by the whole meeting, and was decided in favor of paying one
dollar for the claim of each individual. Mr. Whiting enjoyed his triumph, and
says that the perquisites of the office only supplied him with enough money to
set the ten-pins rolling occasionally, and to treat his friends.

   At Rocky bar, in 1852, one Granison McCubban kept a boarding-house for the
entertainment of miners working on the bar. Aiding him in ministering to the
wants of his numerous patrons were a man and wife, who one day called for a cash
settlement from their employer, and were refused. They immediately made
complaint, and a meeting was called to investigate the affair. A complete court
was organized, including a sheriff, and the case was presented to the jury by
the defrauded couple. Now the sheriff was a zealous officer, and was not content
with simply serving the process of the court, and waiting to enforce judgment.
He kept his official eye well open, and espied the defendant suspiciously
engaged among the brush on the side of the mountain. He kept his counsel, and
abided the result of the trial. A verdict of seventy-five dollars was soon
rendered in favor of the plaintiffs, but the defendant asserted that he had no
money. Now was the time for the vigilant sheriff to prove himself equal to the
emergency. He stalked up the hill, examined the place where he had previously
observed the defendant, and found a quantity of dust. From this the damages were
paid the plaintiffs, as well as ten dollars to the sheriff for his services, and
all were happy, save the defeated and discomfited McCubban.


Additional Comments:
Extracted from:

Illustrated History of Plumas, Lassen & Sierra Counties

San Francisco: Fariss & Smith
(1882)


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