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hubert howe bancroft - Central Pacific Railroad Photographic History ...

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CHAPTER X.<br />

THE JUDICIARY.<br />

1850-1872.<br />

THE FIRST SUPREME COURT—PERSONNEL OF THE JUDGES—INFLUENCE ON<br />

OPINION—EVILS OF AN ELECTIVE JUDICIARY—CHARACTER OF CASES TO<br />

BE DETERMINED, AND INFLUENCE ON INDUSTRY—LAND AND MINING<br />

INTERESTS—EFFECT OF THE AMENDED CONSTITUTION—FEDERAL COURTS<br />

- IN CALIFORNIA—THE MUNICIPALITY AND THE CONSOLIDATION ACT—<br />

PUEBLO LANDS—COMPILATION OF THE LAWS.<br />

THE supreme judges elected by the legislature in 1850<br />

were S. C. Hastings, chief justice, and H. A. Lyons and<br />

Nathaniel Bennett, associates. Hastings served his<br />

term of two years. Lyons became chief justice by<br />

seniority in 1852, but resigned in April. Bennett<br />

had resigned in October 1851. Thus, in the course<br />

of a little more than two years, the whole supreme<br />

bench was changed. Solomon Heydenfeldt was the<br />

first elected supreme judge to succeed Hastings.<br />

To fill vacancies, Hugh (3. Murray was appointed<br />

vice Bennett; A. Anderson vice Lyons. At the<br />

general election of 1852, Murray was chosen to fill<br />

the unexpired term of Bennett; and in 1855 he was<br />

re-elected, to a full term, but died before the end of<br />

his term. At the same election Alexander Wells<br />

was chosen for the unexpired term of Lyons, and in<br />

1853 he was elected for a full term, but died in October<br />

1854. Charles N. Bryan was appointed to the<br />

vacancy until September 1855, when David S. Terry<br />

was elected to the unexpired term of Wells, ending<br />

in 1859. Heydenfeldt served until January 1857,<br />

when he resigned, and P. H. Burnett was appointed<br />

to the vacancy. Thus in seven years there were ten<br />

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