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David C. Frederick - Rugged justice: the Ninth Circuit Court of Appeals and the American West, 1891-1941

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    Rugged justice: the Ninth Circuit Court of Appeals and the American West, 1891-1941
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Few chapters in American judicial history have enjoyed as colorful a past as has the U.S. Court of Appeals for the Ninth Circuit. Created in 1891, its jurisdiction now encompasses California, Oregon, Nevada, Washington, Idaho, Montana, Arizona, Hawaii, and Alaska. David Frederick has mined archival sources, including court records and legal papers throughout the West and in Washington, D.C., to document the Ninth Circuits first fifty years. His findings are much more than a record of the court, however, for they also provide a unique social and cultural history of the West.During these years, the court heard key cases involving railroads, the Alaska gold rush, Chinese immigration, organized labor, and use of natural resources. Many of the decisions from this period foreshadowed issues that are with us today. Frederick also documents the courts part in Western development and in issues relating to World War I, Prohibition, New Deal legislation, and the evolving role of federal judges.Frederick portrays the Wests most important judicial institution with clarity and intelligence, reminding us that the evolution of the Ninth Circuit both reflected and affected the dramatic changes occurring in the West during the courts early years. This is a book that will appeal not only to lawyers, but to historians, sociologists, and general readers as well.

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Page iii
Rugged Justice
The Ninth Circuit Court of Appeals and the American West, 18911941
David C. Frederick
With a Foreword by Justice Sandra Day O'Connor
UNIVERSITY OF CALIFORNIA PRESS
Berkeley Los Angeles London
Page iv
University of California Press
Berkeley and Los Angeles, California
University of California Press
London, England
Copyright 1994 by The Regents of the University of California
Library of Congress Cataloging-in-Publication Data
Frederick, David C.
Rugged justice : the Ninth Circuit Court of Appeals and the
American West, 18911941 / David C. Frederick ; foreword by Sandra
Day O'Connor.
p. cm.
Includes bibliographical references and index.
ISBN 0-520-08381-4 (alk. paper)
1. United States. Court of Appeals (9th Circuit)History.
2. LawWest (U.S.)History. I. Title.
KF8752 9th.F74 1994
374.78'03dc20
[347.8073] 93-1309
CIP
Printed in the United States of America
9 8 7 6 5 4 3 2 1
The paper used in this publication meets the minimum requirements of America National Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI Z39.48-1984.
Page v
Picture 2
In large measure the work of a just and able judge is taken for granted. He works in seclusion. His opinions do not attract wide attention, and, if for some unusual circumstance the public notes the decision, the interest is but temporary. He can expect no monuments of stone, no heroic statue in the market place or at the crossroads. These are reserved for the soldier, the sailor, and the executive, the results of whose work is [sic] more obvious. Kingdoms rise and fall, wars are won or lost, and all can see the dramatic result and crown the victor. But the results of judicial work are not spectacular. Their effect is not as a rule obvious, nor can such an effect be readily anticipated or traced. Nevertheless, silently and constantly judges are engaged in building the Temple of Justice in which future generations are to dwell. Justice is essential to happiness. Injustice produces unhappiness and provokes disorder and war. The judge, if he is worthy and successful, wins the battles and the wars that are never fought, that is, his good work prevents wars, and renders unnecessary the struggle of the soldier.
Judge Curtis D. Wilbur, 1931
Page vii
Contents
Foreword
by Justice Sandra Day O'Connor
ix
Preface
xi
Introduction
1
1. Origins and Early Years
9
2. Railroads, Robber Barons, and the Saving of Stanford University
30
3. Testing Tolerance: Chinese Exclusion and the Ninth Circuit
52
4. Intrigue at Anvil Creek
78
5. The Judicial Faultline: Battles over Natural Resources
98
6. Replacing the Vanguard
122
7. War, Liquor, and the Quest for Order
141
8. Different Paths to the Bench
169
9. Adjudicating the New Deal
187
10. A Court Too Large?
216
Conclusion
239
Appendix
245
Notes
247
Index
323
Illustrations
following page 140

Page ix
Foreword
It has been just over one hundred years since Congress passed the Evarts Act establishing the circuit court of appeals on March 3, 1891. The first session of the Ninth Circuit Court of Appeals was convened in San Francisco on June 16, 1891, by Circuit Justice Stephen J. Field. The story of that circuit now spans more than a century, a period of western expansion and development that is reflected in the cases and opinions of the circuit court. This remarkable history through the first fifty years is here recounted by David Frederick.
The Evarts Act signaled a significant change for the Supreme Court of the United States and its justices. The establishment of a court of appeals and the expansion of the discretionary power of the Supreme Court to grant or deny review in many cases meant that from 1891 on the great majority of federal court appellate decision making would be made at the level of the circuit court of appeals. That effect is still felt today as the Supreme Court on which I sit accepts for review each term less than 2 percent of the petitions filed. The great bulk of federal case law is developed and made in the courts of appeals. It is there that we must look for a broad understanding of federal law.
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