others to be governed, was the doctrme held by law and order.
In a few instances, before the year 1850 had expired, justices of the peace and judges had been impeached and driven from their seats by the people. But compared with those who at this time were accustomed, either openly or in secret, to take illegal fees, to extort, accept bribes, or otherwise violate their oath of office, the number punished was insignificant. The money-makers had no time to chastise their criminals, to say nothing of judges. True, there was the short, quick way, the only practicable way in ordinary cases; but then they did not exactly like to hang judges, "as it might be again law, like," though they often threatened to do so.
In the first number of the California Star, published at Yerba Buena January 9, 1847, are the following pertinent remarks on the custom of smoking in court: "Among the many good rules adopted by our late alcalde, and broken by the present one—not to mention the high-handed violation of the dearest rights of freemen, a refusal of trial by jury, of which hereafter—is that of smoking in the court-room, and this, too, practised almost solely by the judge and his clerk, who are more than half their time puffing forth clouds of smoke from their 'long nines,' greatly to the annoyance of persons having business in court, particularly those net in the habit of smoking. Besides, I would ask, does it look very dignified for a judge to be delivering a decision in an important case with a cigar in his mouth, stopping every half minute in his address to give a puff or two?"
The following scene in court, which happened at San Francisco in February 1848, is but one of a class. Two individuals met in a liquor saloon, drank, quarrelled, fought. One received a stab in the breast. The other was arrested by a posse of citizens, and taken
