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Western Legal History WESTERN LEGAL HISTORY THE JOURNAL OF THE NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY VOLUME 3, NUMBER 1 WINTERJSPRING 1990 Western Legal History is published semi-annually, in spring and fall, by the Ninth Judicial Circuit Historical Society, 620 S.W. Main Street, Room 703, Portland, Oregon 97205, (503) 326-3458. 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) are: 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 620 S.W. Main Street, Room 703 Portland, Oregon 97205 Western Legal History disclaims responsibility for statements made by authors and for accuracy of footnotes. Copyright by the Ninth Judicial Circuit Historical Society. ISSN 0896-2189. The Editorial Board welcomes unsolicited manuscripts, books for review, reports on research in progress, and recommendations for the journal. Manuscripts (two copies) should be sent to the Editor, Western Legal History, 620 S.W. Main Street, Room 703, Portland, Oregon 97205. Texts, including quotations and footnotes, must be double-spaced. Footnotes must be numbered consecutively and should appear in a separate section at the end of the text. Authors are encouraged 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 manuscripts 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, Western Legal History, is encouraged before the submission of any manuscrilt. 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 appearance. Articles appearing in this journal are abstracted and indexed in LEGAL RESOURCES INDEX, HISTORICAL ABSTRACTS, and AMERICA: HISTORY AND LIFE. NINTH JUDICIAL CIRCUrr HISTORICAL SOCIETY BOARD OF DIRECTORS HON. JAMES R. BROWNING EDWARD J. McANIFF, ESQ. Chairman Los Angeles San Francisco MOLLY MUNGER, ESQ. ROBERT S. WARREN, ESQ, Los Angeles President SMITHMOORE P. MYERS, ESQ. Los Angeles Spokane JOHN A. SUTRO, SR., ESQ. HON. ROBERT F. PECKHAM Vice President San Francisco San Francisco FORREST A. PLANT, ESQ. KENNETH M. NOVACK, ESQ. Sacramento Secretary-Treasurer CHARLES B. RENFREW, ESQ. Portland San Francisco J. DAVID ANDREWS, ESQ. HON. PAUL G. ROSENBLATT Seattle Phoenix ORVILLE A. ARMSTRONG, ESQ. FRANK ROTHMAN, ESQ, Los Angeles Los Angeles LEROY J. BARKER. ESQ. JOHN N. RUPP, ESQ. Anchorage Seattle THOMAS D. BEATTY, ESQ. HON. HAROLD L. RYAN Las Vegas Boise JEROME I. BRAUN, ESQ. JOHN L. SCHWABE, ESQ. San Francisco Portland HON, JAMES M. BURNS GARVIN F. SHALLENBERGER, ESQ. Portland Costa Mesa CHRISTINE SWENT BYRD, ESQ. DONALD C. SMALTZ, ESQ. Los Angeles Los Angeles BARBARA A. CAULFIELD, ESQ. GERALD K. SMITH, ESQ. San Francisco Phoenix GEORGE W. COOMBE, JR., ESQ. HON. JOSEPH T. SNEED San Francisco San Francisco GEORGE C. DALTHORP, ESQ. CHRISTINA A. SNYDER, ESQ. Billings Los Angeles C. F. DAMON, JR., ESQ. HON. GORDON THOMPSON, JR. Honolulu San Diego JEROME B. FALK, JR., ESQ. WILLIAM W. VAUGHN, ESQ. San Francisco Los Angeles JAMES C. GARLINGTON, ESQ. VICTOR A. VILAPLANA, ESQ. Missoula San Diego HON. ALFRED T. GOODWIN CHARLES S. VOGEL, ESQ. Pasadena Los Angeles HON. WILLIAM P. GRAY Pasadena BOARD MEMBERS EMERITUS SHIRLEY M. HUFSTEDLER, ESQ. JOSEPH A. BALL, ESQ, Los Angeles Long Beach LEONARD S. JANOFSKY, ESQ. HON. RICHARD H. CHAMBERS Santa Monica Tucson ELWOOD S. KENDRICK, ESQ. ALLAN E. CHARLES, ESQ. Los Angeles San Francisco HON. SAMUEL P. KING MORRIS M. DOYLE, ESQ. Honolulu San Francisco JAMES P. KLEINBERG, ESQ. JOHN GAVIN, ESQ. San lose Yakima THEODORE A. KOLB, ESQ. HON. WILLIAM J. JAMESON San Francisco Billings FREDERICK K. KUNZEL, ESQ. HON. JOHN F. KILKENNY San Diego Portland ROBERT H. LENTZ, ESQ. SHARP WHITMORE, ESQ. Los Angeles San Diego ALBERT T. MALANCA, ESQ. Tacoma CHET ORLOFF MARCUS MATTSON, ESQ. Director Los Angeles WESTERN LEGAL HISTORY CHET ORLOFF, Editor PHILIPPA BRUNSMAN, Assistant Editor EVELYN K. BRANDT, Indexer EDITORIAL BOARD REX ARMSTRONG, Esq. MARI J. MATSUDA Portland Richardson School of Law, JUDITH AUSTIN University of Hawaii Idaho State Historical Society R. JAMES MOONEY GORDON M. BAKKEN University of Oregon Law California State University, School Fullerton JAMES M. MURPHY, Esq. MICHAL R, BELKNAP Tucson California Western School of CLAUS-M. NASKE Law University of Alaska, Fairbanks HON. JAMES R. BROWNING PETER NYCUM Circuit Judge, U.S. Court of Northwestern School of Law, Appeals for the Ninth Circuit Lewis and Clark College ERIC A. CHIAPPINELLI KENNETH O'REILLY School of Law, University of University of Alaska, Anchorage Puget Sound PAULA PETRIK LAWRENCE M. FRIEDMAN University of Maine Stanford Law School JOHN PHILLIP REID CHRISTIAN G. FRITZ New York University University of New Mexico School of Law School of Law RAY REYNOLDS HON. ALFRED T. GOODWIN Editor, CaliforniaLawyer Chief Judge, U.S. Court of HARRY N. SCHEIBER 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 CONTENTS William 0. Douglas and His Clerks By Melvin I. Urofsky 1 Spanish Crime and Punishment: The Native American Experience in Colonial San Diego, 1769-1830 By Richard L. Carrico 21 The Spread of Community-Property Law to the Far West By Ray August 35 Legal History in Southern California: A Review Essay By Doyce B. Nunis U Moses Lasky: An Oral History 79 Nevada's Temples of Justice 93 By Ronald M. James Western Legal History: Where Are We and Where Do We Go from Here? 115 Articles of Related Interest 145 Book Reviews 149 Memberships and Contributions 157 Cover Photograph The White Pine County Courthouse in Ely, Nevada, was built during the turn-of-the-century mining boom. The community was careful to provide a park-like setting for the impressive structure. (Nevada Historical Society) WILLIAM O. DOUGLAS AND His CLERKS By MELVIN 1. UROFSKY In the four decades of William 0. Douglas's service as an active and then a retired member of the Supreme Court, fifty-four men and women served as his law clerk.' No two of them had exactly the same experience. For some it proved a time of anger and frustration, while others would remember it in a positive manner the rest of their lives. Douglas's relations with his clerks tell us a great deal about him, about how he worked, and about perceptions others had of those relations. Without the clerks, it would probably be impossible for the court to maintain its workload and process several thousand petitions for certiorari each year. Over time, various justices have used their clerks in different ways, giving them a variety of tasks, from cite checking and basic research to drafting opinions for the court. In this regard, a justice's relationship to his or her clerks, and to those of others, is as much a part of the court's collegiality as are relationships among the justices. In general the justices have tended to be secretive about how they do their work, and the most critical part of their delibera- Melvin I. Urofsky is a professor of history at Virginia Common- wealth University. Editor's note: A portion of this article will appear in a chapter titled "Getting the Job Done: William 0. Douglas and Collegiality in the United States Supreme Court" in the book "He Shall Not Pass This Way Again": The Legacy of Justice William 0. Douglas, edited by Stephen L. Wasby. Western Legal History appreciates the University of Pittsburgh Press's permission to publish this article prior to the book's publication in winter 1990-91. IA list of the clerks is in William 0. Douglas, The Court Years, 1939-1975 (New York, 1980) 415-16. For this article I interviewed nineteen of Douglas's former clerks, over a dozen men and women who had clerked for other justices, four sitting members of the court and one former justice, and three of Douglas's wives. 2 WESTERN LEGAL HiSTORY VoL 3,_No. I Asso iate justice William 0. Douglas. (Oregon Historical Soci ey) tions-the conferences at which decisions are reached-are closed to everyone else, even clerks and secretaries.
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