toil of his life to discover wealth, which, when found, was protected by no higher law than that enacted by himself under the implied sanction of a just and generous government. And the act proposed continued the system of free mining, holding the mineral lands open to exploration and occupation subject to legislation by Congress and to local rules. It merely recognized the obligation of the government to respect private rights which had grown up under its tacit consent and approval. It proposed no new system, but sanctioned, regulated, and confirmed a system already established, to which the people were attached."-(Jennison vs. Kirk, 98 U. S. Rep., 457.) JUDGE FIELD AS A LEGISLATOR. The Legislation secured by him for the Exemption from Forced Sale for Debts of the Tools and other Personal Property of the Debtor. From the San José DAILY HERALD of November 21, 1879. "Last Wednesday we gave a portion of Judge Field's record as a legislator in this State, showing that his services have been of great value and that he is one of the most thorough statesmen claimed by this coast. We referred particularly to the mining law, and we now call attention to another most beneficial law of which Judge Field was the author. We refer to the law exempting from sale for debt (other than the purchase money, or to satisfy a mortgage thereon) certain property. The law reads as follows: "The following property shall be exempt from execution, except as herein otherwise specially provided: "1. Chairs, tables, desks, and books, to the value of one hundred dollars, belonging to the judgment debtor; "2. Necessary household, table, and kitchen furniture, belonging to the judgment debtor, including stove, stove pipe, and stove furniture, wearing apparel, beds, bedding, and bedsteads, and provisions actually provided for individual or family use sufficient for one month; 3. The farming utensils, or implements of husbandry, of the judgment debtor; also two oxen, or two horses, or two mules, and their harness, and one cart or wagon, and food for such oxen, horses, or mules for one month ; “4. The tools and implements of a mechanic necessary to carry on his trade, the instruments and chests of a surgeon, physician, surveyor, and dentist necessary to the exercise of their professions, with their professional library, and the law libraries of an attorney or counsellor ; "5. The tent and furniture, including a table, camp stools, bed and bedding, of a miner; also his rocker, shovels, spades, wheelbarrows, pumps, and other instruments used in mining, with provisions necessary for his support for one month; 6. Two oxen, or two horses, or two mules, and their harness, and one cart or wagon, by the use of which a cartman, teamster, or other laborer habitually earns his living; and food for such oxen, horses, or mules for one month; and a horse, harness, and vehicle used by a physician or surgeon in making his professional visits; "7. All arms and accoutrements required by law to be kept by any person. But no article mentioned in this section shall be exempt from an execution issued on a judgment recovered for its price, or upon a mortgage thereon." "This was far in advance of any similar provision in other States, and was a bold and novel proposition. Thousands have enjoyed its benefits without being aware that its author was Stephen J. Field. The wisdom of it is manifest when we consider that it merely preserves to the unfortunate debtor the instrumentalities for future effort. A rapacious creditor might feel entitled to "the uttermost farthing" in the possession of the man indebted to him. * These provisions are contained in section 219 of the act of 1851, regulating proceedings in civil cases, which is one of the many original sections in that act drawn by Judge Field. Until this legislation there was no exemption at all of personal property in California; and no exemption equally extensive is found in the previous legislation of any State of the Union. But this law interposes and says to the debtor: “You shall have the right to reserve a hundred dollars' worth of property, your necessary household furniture, wearing apparel, and a month's provisions; and then besides this, if you are a farmer, you shall be allowed to retain all your farming implements, and also a wagon and a pair of animals, with one month's food for them. This will enable you to go to work and repair your fortunes. The law will not see you disabled." To the mechanic and miner this humane law says: "Be of good cheer. You shall keep the tools with which you ply your calling. These shall be regarded as a part of your own physical system; as well might your hands be cut off as your tools taken from them." To the workingman using a cart and horse, as so many laborers do, this law, which has stood for twentyeight years on our statute book, says: "You must pay your debts, but need not sell the good horse and cart by which you are aided to feed your children. Nay, you may keep a wagon and two horses, if you are so fortunate as to have them. These make you independent, and the sheriff shall not take them." Others were also protected. The instruments of the surgeon and surveyor, the library of the physician and the lawyer, and the horse and buggy of the physician, were all declared exempt from forced sale. This law has never been complained of or tampered with, and remains a monument to the wisdom, humanity, and thoughtfulness of its author, Judge Field, who, in framing it, made application, for the benefit of the debtor, of the truth uttered by that harshest of creditors-Shylock when he said: You take my life When you do take the means These measures the mining law, and the law exempting certain property from forced sale under execution— are but a small portion of the valuable legislative work of Judge Field, but we bring them to public attention at this time as furnishing high evidence of the practical wisdom of one whose name we read oftenest of late years in connection with judicial decisions, but whose friends could, if they chose, claim for him a place among statesmen as high as that he occupies among jurists. His conservatism has never made him the enemy of wholesome changes, and his progressiveness has never made him the supporter of any of the isms of the times. He has been as great a student of men and of affairs as of books." JUDGE FIELD AS A LEGISLATOR. General Legislation secured by him. From the San José DAILY HERALD of December 26, 1879. "We have already referred to legislation concerning mining customs and regulations, and exemptions of certain personal property from forced sale, of which Judge Field was the author. We desire to make some further reference to his brief but most honorable, and we might truly say brilliant legislative career. "His service was only for a single session-that of 1851 --and yet whilst there he left his mark permanently upon the laws of the State. He was appointed on the Judiciary Committee; and as a member of that Committee he prepared and reported a bill concerning the Courts of Justice and Judicial Officers of the State, which was passed. The immense labor, difficulty, and responsibility attending the preparation of this bill will be seen, when it is stated that by it the whole Judiciary System of the State was reorganized, and the jurisdiction, powers, and duties of the several courts, and of all judicial officers, were designated and defined. And it may be here added that the act of 1853 with the same title-which was the original act carefully revised, and introduced into the Legislature by Mr. Samuel B. Smith of Sutter County-was also prepared by him. "He also prepared and introduced bills to regulate proceedings in civil and criminal cases. These bills were taken from the proposed codes of New York as reported by the Commissioners of that State; but the great labor involved nevertheless in their preparation may be estimated from the fact, that in order to adapt them to the peculiar condition of the new State and the requirements of its constitution, as well as to his own views of what would constitute the best practice, he redrafted over three hundred sections, and added over one hundred new ones. Among the new sections are those to which we have already referred relating to actions respecting mining claims and the admission in evidence of the customs and regulations of miners, and respecting exemptions from forced sale of personal property. These bills became laws and with some amendments-found necessary during a period of nearly twenty-two years, and particularly from the constitutional amendments of 1862-remained on the statute book until the adoption of the recent codes, in which they are substantially embodied. "He also drew bills creating the counties of Nevada and Klamath and gave those counties their names. Many counties also sought legislation correcting or changing their boundary lines, and several bills on the subject being referred to him he reported a general bill, dividing the State into counties and establishing the Seats of Justice therein, which was passed. Judge Field drew the charters of the cities of Marysville, Nevada, and Montereythe latter being reported as a substitute for the bill introduced by the member of Monterey County. The prin |