The Forty-Niners: A Chronicle of the California Trail and El DoradoWhite, Stewart Edward
History
The Forty-Niners: A Chronicle of the California Trail and El Dorado
White, Stewart Edward
California -- Gold discoveries; California -- History; California National Historic Trail
With these shadier expedients, however, your high-minded lawyer, moving
in the best society, well dressed, proud, looked up to, and today
possessing descendants who gaze back upon their pioneer ancestors with
pride, had little directly to do. He called in as counsel other lawyers,
not so high-minded, so honorable, so highly placed. These little
lawyers, shoulder-strikers, bribe-givers and takers, were held in
good-humored contempt by the legal lights who employed them. The actual
dishonesty was diluted through so many agents that it seemed an almost
pure stream of lofty integrity. Ordinary jury-packing was an easy art.
Of course the sheriff's office must connive at naming the talesmen;
therefore it was necessary to elect the sheriff; consequently all the
lawyers were in politics. Of course neither the lawyer nor the sheriff
himself ever knew of any individual transaction! A sum of money was
handed by the leading counsel to his next in command and charged off as
"expense." This fund emerged considerably diminished in the sheriff's
office as "perquisites."
Such were the conditions in the realm of criminal law, the realm where
the processes became so standardized that between 1849 and 1856 over one
thousand murders had been committed and only one legal conviction had
been secured! Dueling was a recognized institution, and a skillful shot
could always "get" his enemy in this formal manner; but if time or skill
lacked, it was still perfectly safe to shoot him down in a street
brawl--provided one had money enough to employ talent for defense.
But, once in politics, the law could not stop at the sheriff's office.
It rubbed shoulders with big contracts and big financial operations of
all sorts. The city was being built within a few years out of nothing by
a busy, careless, and shifting population. Money was still easy, people
could and did pay high taxes without a thought, for they would rather
pay well to be let alone than be bothered with public affairs. Like
hyenas to a kill, the public contractors gathered. Immense public works
were undertaken at enormous prices. To get their deals through legally
it was, of course, necessary that officials, councilmen, engineers, and
others should be sympathetic. So, naturally, the big operators as well
as the big lawyers had to go into politics. Legal efficiency coupled
with the inefficiency of the bench, legal corruption, and the arrogance
of personal favor, dissolved naturally into political corruption.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account