WESTERN LEGAL HISTORY THE JOURNAL OF THE NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY VoLumE 2, NUMBER I WINTER/SPRING 1989 Western Legal Historyis published semi-annually, in spring and fall, by the Ninth judicial Circuit Historical Society, P.O. Box 2558, Pasadena, California 91102-2558, (818) 405-7059. 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. 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Consultation upon punctuation, grammar, style, and the like is made with the author, although the Editor and Editorial Board are the final arbiters of the article's appearance. Articles appearing in this journal are abstracted and indexed in HISTORICAL ABSTRACTS and AMERICA: HISTORY AND LIFE. NINTH JUDICIAL CIRCUIr HISTORICAL SOCIETY BOARD OF DIRECTORS HON. JAMES R. BROWNING EDWARD J. McANIFF ESQ. Chairman Los Angeles San Francisco MOLLY MUNGER, ESQ. LEONARD S. JANOFSKY, ESQ. Los Angeles President SMITHMOORE P. MYERS, ESQ. Santa Monica Spokane JOHN A. SUTRO, SR., ESQ. KENNETH M. NOVACK, ESQ, Vice President Portland San Francisco HON. ROBERT E PECKHAM C.F. DAMON, JR., ESQ. San Francisco Secretary-Treasurer CHARLES B. RENFREW, ESQ. Honolulu San Francisco J. DAVID ANDREWS, ESQ. HON. PAUL C. 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 . 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 LosAngeles HON. JAMES DUKE CAMERON GERALD K. SMITH, ESQ. Phoenix Phoenix BARBARA A. CAULFIELD, ESQ. HON. JOSEPH T SNEED San Francisco San Francisen ALLAN E. CHARLES, ESQ, JULIEN G. SOURWINE, ESQ. San Francisco Reno GEORGE W. COOMBE, JR., ESQ. HON. GORDON THOMPSON, JR. San Francisco San Diego GEORGE C. DALTHORP, ESQ. WILLIAM W. VAUGHN, ESQ. Billings Los Angeles WILLIAM E. DAVIS, ESQ. VICTOR A. VILAPLANA, ESQ. San Francisco San Diego MORRIS M. DOYLE, ESQ. CHARLES S. VOGEL, ESQ. San Francisco Los Angeles JAMES C. GARLINGTON, ESQ. ROBERTS. WARREN, ESQ. Missoula Los Angeles HON. ALFRED T GOODWIN Pasadena BOARD MEMBERS EMERITUS HON, WILLIAM P. GRAY Los Angeles SHIRLEY M. HUFSTEDLER, ESQ Long Beach Los Angeles HON, RICHARD H. CHAMBERS ELWOOD S. KENDRICK, ESQ. Tucson Los Angeles VINCENT CULLINAN, ES. HON. SAMUEL P. KING San Francisco Honolulu JOHN GAVIN, ESQ. JAMES P. KLEINBERG, ESQ. Yakina San Jose HORTON HERMAN, ESQ. THEODORE A. KOLB, ESQ. Spokane San Francisco HON, WILLIAM J. JAMESON FREDERICK K. KUNZEL, ESQ. Billings San Diego HON. IOHN E KILKENNY ALBERT T. MALANCA, ESQ. Portland Tacoma SHARP WHITMORE, ESQ, MARCUS MATTSON, ESQ, San Diego Los Angeles CHET ORLOFF ExectiveDirector WESTERN LEGAL HISTORY CHET ORLOFF, Editor YVETTE BERTHEL, Assistant Editor EVELYN K. BRANDT, Copy Editor and Indexer EDITORIAL BOARD REX ARMSTRONG, Esq., R. JAMES MOONEY Portland University of Oregon Law School JUDITH AUSTIN JAMES M. MURPHY, Esq. Idaho State Historical Society Tucson GORDON M. BAKKEN CLAUS-M. NASKE, California State University, University of Alaska, Fairbanks Fullerton PETER NYCUM MICHAL R. BELKNAP Northwestern School of Law, California Western School of Law Lewis and Clark College HON. JAMES R. BROWNING KENNETH O'REILLY, Circuit Judge, U.S. Court of University of Alaska, Anchorage Appeals for the Ninth Circuit PAULA PETRIK ERIC A. CHIAPPINELLI University of Maine School of Law, University of JOHN PHILLIP REID Puget Sound School of Law, New York LAWRENCE M. FRIEDMAN University Stanford Law School RAY REYNOLDS CHRISTIAN G. FRITZ Editor, California Lawyer University of New Mexico HARRY SCHEIBER School of Law Boalt Hall, University of HON. ALFRED T. GOODWIN California Chief Judge, U.S. Court of MOLLY SELVIN, Ph.D. Appeals for the Ninth Circuit Santa Monica ROBERT W. GORDON CHARLES H. SHELDON Standard Law School Washington State University MICHAEL GRIFFITH CAROLINE P. STOEL Archivist, U.S. District Court, Portland State University Northern District of California STEPHEN L WASBY JAMES W. HULSE State University of New York, University of Nevada, Reno Albany LOUISE LaMOTHE, Esq. SHARP WHITMORE, Esq. Los Angeles San Diego DAVID J. LANGUM JOHN R. WUNDER Cumberland School of Law, University of Nebraska Samford University MARI J. MATSUDA Richardson School of Law, University of Hawaii CONTENTS The Federal Courts and the Annexation of Hawaii By Hon. Samuel P. King 1 Federal Defender Organizations in the Ninth Circuit By Hon. Pamela J. Franks 21 The Federal Court in Idaho, 1889-1907 By Monique C. Lillard 35 Frontier Justice: The Court Records of Washington Territory By David W Hastings 7 The Know Nothing Justices on the California Supreme Court By GeraldF. Uelmen Reflections on Becoming a Judge By Dorothy W Nelson 107 Book Review 114 A Letter From Judge Richard H. Chambers 116 Articles of Related Interest 119 Report on the Ninth Judicial Circuit 121 Historical Society 121 Membership 125 Cover Photograph: Firing 100 guns on arrival of the news of Hawaiian annexation, 1898. (Davey Bishop Museum) THE FEDERAL COURTS AND THE ANNEXATION OF HAWAII BY HON. SAMUEL P. KING T he Hawaiian Islands became part of the United States of America at noon Hawaii time on August 12, 1898. A formal ceremony for the transfer of sovereignty took place with the unfurling of the largest of several American flags raised over the central tower of Iolani Palace exactly on the hour. As soon as all of the American flags were in place, United States Minister Harold M. Sewall read a proclamation to the government and people of the Hawaiian Islands continuing the existing govern- ment of Hawaii, except for foreign relations, until Congress provided otherwise. The event was received with varying emotions among different groups in the local population, covering the spectrum from joyous elation to sullen resentment. Most Hawaiians and many Americans viewed the loss of sovereignty as the passing of a loved one. Hawaiians generally had remained at home, lonely and sad, their windows and doors closed. There was grumbling among some participants over the arrangements. Rear Admiral Joseph N. Miller, Commander in Chief U. S. Naval Force, Pacific Station, and Minister Sewall, had their orders to keep it simple, and this they did. An Annexation Club member expressed the Club's dissatisfaction: We have been led to believe that the rank and file would be given an opportunity to assist in some way in the consummation of the act we have been to some degree instrumental in bringing about. Now we learn at the last minutes that it is all to be solemn and straightlaced as a Scotch prayer meeting and that it's to be red tape only and stingy measure of that from beginning to end. There is no use having a holiday. The affair will be a touch and go matter of ten minutes. We may be sentimental and it may be that in five years and a half we have absorbed too much Samuel P. King is chief judge emeritus of the United States District Court for the District of Hawaii. 2 WESTERN LEGAL HISTORY VOL. 2, No. I enthusiasm with the idea that we would be allowed to explode on the great day. But it's to be strictly quiet and like a high church wedding. After it was all over, the consensus was that what had been done was dignified, appropriate, and sufficient. Even so, there was still much to be done. Hawaii's consent to annexation was by way of a Treaty of Annexation signed at Washington, D. C., on June 16, 1897. The senate of the Republic of Hawaii ratified this treaty on September 9, 1897, but the treaty languished in the United States Senate. Proponents could garner a majority vote in each house of Congress but could not garner a two-thirds vote in the United States Senate.