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CSCHS Newsletter Spring/Summer 2009

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CSCHS Newsletter Spring/Summer 2009 The California Supreme Court Historical Society newsletter · s p r i n g / s u m m e r 2 0 0 9 Historic Gathering for Oral Histories Four former justices of the California Supreme Court are honored by the Society on the completion of their oral histories, in the presence of the current members of the Court (full story on pages 2–3). Seated, left to Right: former Associate Justices John A. Arguelles, Edward A. Panelli, former Chief Justice Malcolm M. Lucas, and former Associate Justice Armand Arabian. Standing, left to Right: Associate Justices Carlos R. Moreno, Kathryn Mickle Werdegar, Joyce L. Kennard, Chief Justice Ronald M. George, Associate Justices Marvin R. Baxter, Ming W. Chin, and Carol A. Corrigan. Photo by Greg Verville Historic Gathering for Oral Histories Books by CSCHS Members ��� ��� ��� ��� 29 Jake Dear ��� ��� ��� ��� ��� ��� ��� 2 Member News ��� ��� ��� ��� ��� ��� 30 Civil and Uncivil Rights in California: The Early Legal History t a b l e o f c o n t e n t s Panel Presentations ��� ��� ��� ��� ��� 4 Membership Donors 2008–2009 ��� ��� ��� 31 Historic Gathering for Oral Histories By Jake Dear Chief Supervising Attorney, California Supreme Court our former members of the California Supreme said the Chief Justice. “Over a period of many years, oral FCourt were honored by the Society and the current history interviews have been conducted of Chief Jus- justices of the Court at a ceremony celebrating the com- tice Gibson, as well as Justices Carter, Mosk, Newman, pletion of the retired justices’ oral histories. Immedi- Broussard, Reynoso, and Grodin. Through these under- ately following the Court’s April 7, 2009, session in Los takings, we have literally preserved the living history Angeles, the Court joined with Society board members of the Court and its members. To this list, we are very and special guests for the presentation to each retired pleased to add today the oral histories of Chief Justice justice of a bound copy of his own oral history. Malcolm M. Lucas, Justice Edward A. Panelli, Justice John Society President David McFadden opened the pro- A. Arguelles, and Justice Armand Arabian. ceedings and welcomed the distinguished participants. “I want to express my deep thanks to each of you He introduced Chief Justice Ronald M. George, who for agreeing to participate in the oral history process. praised the Society’s involvement in the oral history I also wish to express my personal thanks to Society project. board member Professor Harry N. Scheiber of Boalt “The California Supreme Court Historical Society Hall, and to oral historian Laura McCreery of the Insti- funds a number of worthy causes and programs, but tute of Governmental Studies at UC Berkeley, who con- none is more important than our oral history program,” ducted all of these interviews.” Scheiber has overseen 2 s p r i n g / s u m m e r 2 0 0 9 · cschs newsletter all of the oral history projects of the Society and is cred- The honorees, their families and friends, together ited by McCreery for providing the “essential scholarly with the current justices and Society board members, guidance.” had the opportunity to mingle at the reception follow- “Finally,” concluded the Chief Justice, “I want to ing the ceremony. Board member Doug Littlefield was comment briefly about some research that shows in a in charge of invitations, reservations, and the reception, very favorable light the work of the Court under Chief with logistical support from Frederick Ohlrich, board Justice Lucas. A recent law review article published in member and Clerk of the California Supreme Court. the UC Davis Law Review reveals that not only has the A highlight of the occasion was the staging of a photo California Supreme Court been the leading and ‘most of 11 justices — the seven current members of the Court and followed’ state court in the nation since at least 1940, the four honorees. Board member Selma Moidel Smith, who but also shows that the court under Chief Justice Lucas, was in charge of photo arrangements, found a propitious in particular, narrowly edges out the next-most influ- moment to secure this historic image. She handed a note to ential era of the Court — that of Chief Justice Donald Chief Justice George just as former Chief Justice Lucas had Wright. Objective research like this confirms what many begun his remarks, explaining that she wished to obtain a of us subjectively know: in general, we have much to be group photo before one or more justices might need to leave proud of regarding the Court; and in particular, we are for other scheduled events. Chief Justice George rose and proud of the four justices we honor today, all of whom interrupted the former chief justice, saying, “there is only have made important contributions to the Court’s his- one person who can overrule two chief justices, and that’s tory and ongoing reputation.” our own Selma Smith.” The various justices were quickly The oral histories will eventually be available to the arranged — present justices standing, and former justices public at UC Berkeley’s Bancroft Library. (For a full sitting — and the photo was taken. A framed print now description and excerpts, see Laura McCreery’s article hangs in the corridor of the Court’s historic San Francisco in the Fall/Winter 2008 Newsletter.) headquarters near the chief justice’s chambers. ✯ Facing page, Clockwise from upper left Former Chief Justice Malcolm Lucas, Chief Justice Ronald George, President David McFadden and Professor Harry Scheiber Associate Justice Carol Corrigan and Board Member Joyce Cook Laura McCreery and Hon. Manuel Ramirez Michael Bidart and Ricardo Echeverria Oral history book of former Chief Justice Malcolm Lucas and (center photo) close-up of cover text Associate Justice Marvin Baxter, Mrs. Jane Baxter and former Associate Justice Edward Panelli Board Members Eric Joss and Daniel Grunfeld This page, Clockwise from Top Former Associate Justices Armand Arabian, John Arguelles and Edward Panelli, and Chief Justice Ronald George Associate Justice Ming Chin and Board Member Selma Moidel Smith Board Member Mitchell Keiter Board Members Frederick Ohlrich (Clerk of the Supreme Court) and Theodore Boutrous Board Member Molly Selvin All Photos by Greg Verville cschs newsletter · spring/summer 2 0 0 9 3 Civil and Uncivil Rights in California: The Early Legal History A Panel Presentation in Two Parts part i — january 22, 2009 California Judicial Center, San Francisco part ii — june 1, 2009 Los Angeles Times Building, Los Angeles David McFadden, President, California Supreme Court Historical Society Welcome (San Francisco & Los Angeles) ��� ��� ��� ��� ��� ��� ��� ��� ��� ��� ���5 Ronald M. George, Chief Justice of California Greetings and Introduction (San Francisco & Los Angeles) ��� ��� ��� ��� ��� ��� ���6 John F. Burns (San Francisco Moderator), Historian and Former State Archivist Overview of Early California’s Civil Rights Legacy ��� ��� ��� ��� ��� ��� ��� ���8 Jim Newton (Los Angeles Moderator), editor, los angeles times editorial pages Early California Prejudice and the Young Earl Warren ��� ��� ��� ��� ��� ��� ���9 Panel Presentations Shirley Ann Moore, Professor, Sacramento State University African-Americans Fight Racism in Early California (San Francisco) ��� ��� ��� ��� 10 Joseph R. Grodin, Professor, UC Hastings College of the Law, Associate Justice, California Supreme Court (Ret.) California Supreme Court Cases on Civil Rights in the Early Years (San Francisco & Los Angeles) ��� ��� ��� ��� ��� ��� ��� ��� ��� ��� ��� ��� 14 Charles J. McClain, Professor, UC Berkeley Race, Gender, and the Loyalty Oath in Early California (Los Angeles) ��� ��� ��� ��� 17 Jean Pfaelzer, Professor, University of Delaware The Chinese Rewrite the Letter of the Law (Los Angeles) ��� ��� ��� ��� ��� ��� ��� 22 Robert Chao Romero, Professor, UCLA Mexican and Chinese Rights in Early California (Los Angeles) ��� ��� ��� ��� ��� ��� 26 (The speakers’ presentations have been edited for length.) the society thanks the following board members who arranged this educational program: Jake Dear, Ophelia Basgal, Hon. James Marchiano (Jan. 22, San Francisco) Robert Wolfe and Molly Selvin, (June 1, Los Angeles) Photos: William A. Porter (San Francisco), Greg Verville (Los angeles) s p r i n g / s u m m e r 2 0 0 9 · cschs newsletter Welcome David McFadden, President, California Supreme Court Historical Society ’d like to welcome you all to our Supreme Court justices. We’ve just Iprogram on the early years of finished a group of them that we civil and uncivil rights in Califor- funded. We funded the digitization nia. In the past we had programs project of a legislative history of at the State Bar Annual Meeting the 1878-79 Constitutional Conven- each year. We’re now changing the tion. The State Archives digitized venue. We’re having programs at these legislative history materials. different times and different places We also sponsor an annual writ- throughout the state. This is the ing competition for law students first of those, and it is being pre- and graduate students to write sented in two parts. The first, in on the California Supreme Court. San Francisco, is cosponsored by The oral histories themselves end the Bar Association of San Fran- up, some of them at least, in edited cisco, which is providing the MCLE form in California Legal History, credit. The second, in Los Angeles, which is our annual publication, is cosponsored by the Los Angeles our journal. In addition, we also Times, Southwestern Law School (which is providing have in the journal substantive articles on California the MCLE credit), Public Counsel, the Los Angeles legal history. An additional publication the association County Bar Association Appellate Courts Committee, has is our Newsletter, which in addition to having all and the Ninth Judicial Circuit Historical Society. these news items, also has substantive legal historical In addition to putting on programs, the Historical articles. Society has been funding oral histories of California And now let us begin today’s program. ✯ January 22 program, Milton Marks Auditorium, California Judicial Center, San Francisco cschs newsletter · spring/summer 2 0 0 9 Greetings and Introduction Ronald M.
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