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Western Legal History WESTERN LEGAL HISTORY THE JOURNAL OF THE NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY VOLUME 8, NUMBER 1IWIN-MR/SPRNG 1995 Western Legal History is published semi-annually, in spring and fall, by the Ninth Judicial Circuit Historical Society, 125 S. Grand Avenue, Pasadena, California 91105, (818) 795-0266. The journal explores, analyzes, and presents the history of law, the legal profession, and the courts-particularly the federal courts-in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Western Legal History is sent to members of the Society as well as members of affiliated legal historical societies in the Ninth Circuit. Membership is open to all. Membership dues (individuals and institutions): Patron, $1,000 or more; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499; Sustaining, $100- $249; Advocate, $50-$99; Subscribing (non-members of the bench and bar, lawyers in practice fewer than five years, libraries, and academic institutions), $25-$49; Membership dues (law firms and corporations): Founder, $3,000 or more; Patron, $1,000-$2,999; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499. For information regarding membership, back issues of Western Legal History, and other society publications and programs, please write or telephone the editor. POSTMASTER: Please send change of address to: Editor Western Legal History 125 S. Grand Avenue Pasadena, California 91105 Western Legal History disclaims responsibility for statements made by authors and for accuracy of footnotes. Copyright, 01995, Ninth judicial Circuit Historical Society ISSN 0896-2189 The Editorial Board welcomes unsolicited manuscripts, books for review, and recommendations for the journal. Manuscripts (three copies, and one diskette in Wordperfect 5.0 or higher, if possible) should be sent to the Editor, Western Legal History, 125 S. Grand Avenue, Pasadena, California 91105. Texts, including quotations and endnotes, must be double-spaced. Notes must be numbered consecutively and appear in a separate section at the end of the text. Authors are requested to follow the style for citations used in this journal. Manuscripts that are no more than thirty pages in length, not counting notes, charts and tables, and photographs, are preferred. Also preferred are manu- scripts not concurrently under consideration by another journal. Whether because of prejudice or custom, writers in earlier times often used language considered strange or offensive today. Because Western Legal History publishes articles that present the historical record as accurately as possible, it occasionally publishes quotations containing such language. The publication of such is not to be construed as representing the attitudes of either the authors or Western Legal History. Communication with the editor is encouraged before submission of any manuscript. At that time, other guidelines for the preparation and publication of an article may be discussed. Consultation upon punctuation, grammar, style, and the like is made with the author, although the editor and the Editorial Board are the final arbiters of the article's acceptance and appearance. Articles published in this journal are abstracted and indexed in America: History and Life; HistoricalAbstracts; the Index to Legal Periodicals;and the Legal Resources Index. NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY BOARD OF DIRECTORS HON. JAMES R. BROWNING EDWARD J. McANIFF, ESQ. Chaunman San Francisco San Francisco MICHAEL E. McNICHOLS, ESQ, JAMES P. KLEINBERG, ESQ. Lewiston President MARGARET M. MORROW, ESQ, San Jose Los Angeles CHRISTINE SW. BYRD, ESQ. RONALD L. OLSON, ESQ. Vice President Los Angeles Los Angeles FORREST A. PLANT, ESQ. GERSHAM GOLDSTEIN, ESQ. Sacramento Treasurer HON. MANUEL L. REAL Portland Los Angeles CHET ORLOFF CHARLES B. RENFREW, ESQ. Secretary San Francisco Portland HON. PAUL G. ROSENBLATT JEROME I BRAUN, ESQ. Phoenix Immediate Past President GUY ROUNSAVILLE, JR., ESQ. San Francisco San Francisco H. JESSE ARNELLE, ESQ. HON. HAROLD L. RYAN San Francisco Boise LEROY J. BARKER, ESQ. GARVIN F. SHALLENBERGER, ESQ. Anchorage Costa Mesa THOMAS D. BEATTY, ESQ. DONALD C. SMALTZ, ESQ. Las Vegas Los Angeles HON. JAMES M, BURNS GERALD K. SMITH, ESQ. Portland Phoenix DAVID A. CATHCART, ESQ. HON. JOSEPH T. SNEED Los Angeles San Francisco BARBARA A. CAULFIELD, ESQ. CHRISTINA A. SNYDER, ESQ. San Francisco Los Angeles GEORGE W. COOMBE, JR., ESQ. WILLIAM E. TRAUTMAN, ESQ. San Francisco San Francisco JOHN L COOPER, ESQ. D. BURR UDALL, ESQ. San Francisco Tucson GEORGE C. DALTHORP, ESQ. WILLIAM W. VAUGHN, ESQ. Billings Los Angeles C. F. DAMON, JR., ESQ. ROBERTS. WARREN, ESQ. Honolulu Los Angeles F. BRUCE DODGE, ESQ. San Francisco BOARD MEMBERS EMERITI JEROME B. FALK, JR., ESQ. San Francisco JOSEPH A. BALL, ESQ. MURRAY M. FIELDS, ESQ. Long Beach Los Angeles ALLAN E. CHARLES, ESQ. MAX L. GILLAM, ESQ, San Francisco Los Angeles MORRIS M. DOYLE, ESQ. HON. ALFRED T. GOODWIN San Francisco Pasadena JAMES C. GARLINGTON, ESQ. RONALD M. GOULD, ESQ. Missoula Seattle SHIRLEY M. HUPSTEDLER, ESQ. HON. PROCTER HUG, JR. Los Angeles Reno LEONARD S. JANOFSKY, ESQ. J. STERLING HUTCHESON, ESQ. Santa Mtmica San Diego HON. SAMUEL P. KING SUSAN Y. ILLSTON, ESQ. Honolulu Burlingame MARCUS MATTSON. ESQ. ELWOOD S. KENDRICK, ESQ. Los Angeles Los Angeles SHARP WHITMORE, ESQ. FREDERICK K. KUNZEL, ESQ. Fallbrook San Diego SHERMAN V. LOHN, ESQ. BRADLEY B. WILLIAMS Missoula Director THOMAS R. MALCOLM, ESQ, Irvine WESTERN LEGAL HISTORY BRADLEY B. WILLIAMS, Editor PHILIPPA BRUNSMAN, Assistant Editor EDITORIAL BOARD JUDITH AUSTIN MARI MATSUDA Idaho State Historical Society Law Center, Georgetown GORDON M. BAKKEN University California State University, R. JAMES MOONEY Fullerton University of Oregon Law MICHAL R. BELKNAP School California Western School of CLAUS-M. NASKE Law University of Alaska, HON. JAMES R. BROWNING Fairbanks Circuit Judge, U.S. Court of PETER NYCUM Appeals for the Ninth Circuit Northwestern School of Law, ELIZABETH J. CABRASER, ESQ. Lewis and Clark College San Francisco KENNETH O'REILLY ERIC A. CHIAPPINELLI University of Alaska, School of Law, Seattle Anchorage University PAULA PETRIK LAWRENCE M. FRIEDMAN University of Maine Stanford Law School PETER L. REICH CHRISTIAN G. FRITZ Whittier Law School University of New Mexico JOHN PHILLIP REID School of Law New York University HON. ALFRED T. GOODWIN School of Law Senior Circuit Judge, U.S. Court HARRY N. SCHEIBER of Appeals for the Ninth Circuit Boalt Hall, University of ROBERT W. GORDON California Stanford Law School MOLLY SELVIN, PH.D. MICHAEL GRIFFITH Santa Monica Archivist, U.S. District Court, CHARLES H. SHELDON Northern District of California Washington State University JAMES W. HULSE CAROLINE P. STOEL University of Nevada, Reno Portland State University LOUISE LaMOTHE, ESQ. STEPHEN L. WASBY Los Angeles State University of New York, DAVID J. LANGUM Albany Cumberland School of Law, JOHN R. WUNDER Samford University University of Nebraska WESTERN LEGAL HISTORY VOLUME 8, NUMBER 1 WINTER/SPRING 1995 CONTENTS Direct Action and Fair Employment: The Hughes Case Paul Moreno I "A Year and a Spring of My Existence": Felix S. Cohen and the Handbook of Federal Indian Law Jill E. Martin 35 Sword or Constitution?: Martial Law in the Oil Patch Nicholas G. Malavis 61 The Honorable Jacqueline Taber: An Oral History Interviewed by Eve M. Felitti 91 Judicial Punishment in Colonial New Mexico Charles R. Cutter 115 Book Reviews 131 Articles of Related Interest 143 Memberships and Contributions 149 Cover Photograph:The discovery in 1930 of the East Texas oil field, the largest of the time, led to a legal quagmire that Nicholas Malavis explores in this issue. (Center for American History, University of Texas at Austin) The wartime shipyards in Richmond and the east San Francisco bay attracted African Americans and other workers from across the nation. (Dorothea Lange Collection, Oakland Museum) DIRECT ACTION AND FAIR EMPLOYMENT: THE Hughes CASE PAUL MORENO Historians of the civil-rights movement have only recently turned their attention to discrimination in em- ployment, which has joined the issues of public accommoda- tions, school desegregation, and voting rights.' Scholarly treat- ments of employment policy were common in the postwar years, reaching a peak around the time of the enactment of the Civil Rights Act of 1964,2 but few-particularly by historians- have been written since 1965.3 Historians have noted the rapid transformation of the civil-rights movement's goals, from civil rights to "Black Power" in the mid- to late 1960s.4 In employ- ment, this transformation appears in our current understanding of civil-rights equality-that racial minorities and women Paul Moreno is assistant professor of history at St. Thomas Aquinas College in Sparkill, New York. 'Hugh Davis Graham, The Civil Rights Era: Origins of NationalPolicy, 1960- 1972 (New York, 1990); Herman Belz, Equality Transformed: A Quarter Century of Affirmative Action (New Brunswick, 1991). 2For some salient examples, see Monroe Berger, Equality By Statute: The Revolution in Civil Rights (New York, 1952); Paul H. Norgren and Samuel E. Hill, Toward FairEmployment (New York, 1964); Michael Sovern, Legal Restraints on Racial Discriminationin Employment (New York, 1966). aPaul Burstein, Discrimination,fobs, and Politics: The Struggle for Equal Employment Opportunity in the United States Since the New Deal (Chicago, 1986); Merl E. Reed, Seedtime for the Modern Civil Rights Movement: The President's
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