Law Practice in the West - Revision history

Albah: /* Women and Criminal Law Practice */

Albah — Sat, 18 Dec 2010 00:03:19 GMT

Women and Criminal Law Practice

← Older revision		Revision as of 00:03, 18 December 2010
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	Also at issue in ''Foltz v. Cogswell'' was the meaning of the clause of the 1879 California constitution which forbade lobbying. The case confirmed the clear history of the clause which was to prevent secret bribes and corporate lobbying. ''See'' Babcock, ''Constitution-Maker'', at n. 111. I explain there that the Workingmen’s party presented a number of ill- drafted provisions that would have made all personal solicitation of legislators a crime. But the intention of the clause that passed CAL. CONST. art. IV, § 35 (1879, repealed in 1966) (current version at CAL. CONST. art. IV, § 15) was to prevent only improper influences by “bribery, promise of reward, intimidation, or any other dishonest means."		Also at issue in ''Foltz v. Cogswell'' was the meaning of the clause of the 1879 California constitution which forbade lobbying. The case confirmed the clear history of the clause which was to prevent secret bribes and corporate lobbying. ''See'' Babcock, ''Constitution-Maker'', at n. 111. I explain there that the Workingmen’s party presented a number of ill- drafted provisions that would have made all personal solicitation of legislators a crime. But the intention of the clause that passed CAL. CONST. art. IV, § 35 (1879, repealed in 1966) (current version at CAL. CONST. art. IV, § 15) was to prevent only improper influences by “bribery, promise of reward, intimidation, or any other dishonest means."

		+	<div id=criminallaw></div>
	==Women and Criminal Law Practice==		==Women and Criminal Law Practice==

Albah: /* Clara Foltz’s Practice */

Albah — Fri, 17 Dec 2010 22:22:32 GMT

Clara Foltz’s Practice

← Older revision		Revision as of 22:22, 17 December 2010
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	Before 1880 there was no law school in the state, but once Hastings was established it provided a source for rigorous legal education for future generations of California lawyers. THOMAS GARDEN BARNES, HASTINGS COLLEGE OF LAW: THE FIRST CENTURY (1978) gives a good picture of the vision and practices of the men who founded the law school and of John Norton Pomeroy, the prominent Eastern professor who organized the school’s curriculum.		Before 1880 there was no law school in the state, but once Hastings was established it provided a source for rigorous legal education for future generations of California lawyers. THOMAS GARDEN BARNES, HASTINGS COLLEGE OF LAW: THE FIRST CENTURY (1978) gives a good picture of the vision and practices of the men who founded the law school and of John Norton Pomeroy, the prominent Eastern professor who organized the school’s curriculum.

		+	<div id=clarapractice></div>
	==Clara Foltz’s Practice==		==Clara Foltz’s Practice==

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	Also at issue in ''Foltz v. Cogswell'' was the meaning of the clause of the 1879 California constitution which forbade lobbying. The case confirmed the clear history of the clause which was to prevent secret bribes and corporate lobbying. ''See'' Babcock, ''Constitution-Maker'', at n. 111. I explain there that the Workingmen’s party presented a number of ill- drafted provisions that would have made all personal solicitation of legislators a crime. But the intention of the clause that passed CAL. CONST. art. IV, § 35 (1879, repealed in 1966) (current version at CAL. CONST. art. IV, § 15) was to prevent only improper influences by “bribery, promise of reward, intimidation, or any other dishonest means."		Also at issue in ''Foltz v. Cogswell'' was the meaning of the clause of the 1879 California constitution which forbade lobbying. The case confirmed the clear history of the clause which was to prevent secret bribes and corporate lobbying. ''See'' Babcock, ''Constitution-Maker'', at n. 111. I explain there that the Workingmen’s party presented a number of ill- drafted provisions that would have made all personal solicitation of legislators a crime. But the intention of the clause that passed CAL. CONST. art. IV, § 35 (1879, repealed in 1966) (current version at CAL. CONST. art. IV, § 15) was to prevent only improper influences by “bribery, promise of reward, intimidation, or any other dishonest means."
-

	==Women and Criminal Law Practice==		==Women and Criminal Law Practice==

Albah: /* Biographical Works */

Albah — Fri, 17 Dec 2010 21:38:34 GMT

Biographical Works

← Older revision		Revision as of 21:38, 17 December 2010
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		+	<div id=biographicalworks></div>
	==Biographical Works==		==Biographical Works==

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	Before 1880 there was no law school in the state, but once Hastings was established it provided a source for rigorous legal education for future generations of California lawyers. THOMAS GARDEN BARNES, HASTINGS COLLEGE OF LAW: THE FIRST CENTURY (1978) gives a good picture of the vision and practices of the men who founded the law school and of John Norton Pomeroy, the prominent Eastern professor who organized the school’s curriculum.		Before 1880 there was no law school in the state, but once Hastings was established it provided a source for rigorous legal education for future generations of California lawyers. THOMAS GARDEN BARNES, HASTINGS COLLEGE OF LAW: THE FIRST CENTURY (1978) gives a good picture of the vision and practices of the men who founded the law school and of John Norton Pomeroy, the prominent Eastern professor who organized the school’s curriculum.
-

	==Clara Foltz’s Practice==		==Clara Foltz’s Practice==

Jalss at 07:15, 17 November 2010

Jalss — Wed, 17 Nov 2010 07:15:07 GMT

← Older revision		Revision as of 07:15, 17 November 2010
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	===Oscar Shuck's Work===		===Oscar Shuck's Work===
		+
		+	----
		+

	My best sources for understanding the men among whom Foltz practiced and her legal milieu, are the publications of Oscar Tully Shuck. A lawyer himself, he became the Boswell of the California Bar, collecting and writing news stories and articles as well as detailed and personal biographies of hundreds of lawyers over a fifty year period. OSCAR SHUCK, HISTORY OF THE BENCH AND BAR OF CALIFORNIA (1901) [HEREAFTER, SHUCK, BENCH AND BAR].		My best sources for understanding the men among whom Foltz practiced and her legal milieu, are the publications of Oscar Tully Shuck. A lawyer himself, he became the Boswell of the California Bar, collecting and writing news stories and articles as well as detailed and personal biographies of hundreds of lawyers over a fifty year period. OSCAR SHUCK, HISTORY OF THE BENCH AND BAR OF CALIFORNIA (1901) [HEREAFTER, SHUCK, BENCH AND BAR].
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	===Lelia Robinson===		===Lelia Robinson===
		+
		+	----

	Lelia Robinson, who was herself an historian of women lawyers, offers an ideal starting point. She defended criminals in Washington Territory in the mid-1880s. In order to gain this experience, she had migrated from Massachusetts, where she was the first woman lawyer in the state. It was an arduous journey to a wild destination and Miss Robinson traveled alone in 1884. Certainly no one would have predicted only a few years earlier that she would be capable of such a journey. At that point, when she matriculated at Boston University law school, her great worry had been about daily student life: how was she to deal with fellow students given that no lady should speak to a man unless they had been formally introduced.		Lelia Robinson, who was herself an historian of women lawyers, offers an ideal starting point. She defended criminals in Washington Territory in the mid-1880s. In order to gain this experience, she had migrated from Massachusetts, where she was the first woman lawyer in the state. It was an arduous journey to a wild destination and Miss Robinson traveled alone in 1884. Certainly no one would have predicted only a few years earlier that she would be capable of such a journey. At that point, when she matriculated at Boston University law school, her great worry had been about daily student life: how was she to deal with fellow students given that no lady should speak to a man unless they had been formally introduced.
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	===Women Defenders: The Negative Image===		===Women Defenders: The Negative Image===
		+
		+	----

	Because Lelia Robinson tried her first criminal cases in a place where women, for a brief, bright interlude, had suffrage and served on juries, she did not face one of the main arguments against women lawyers: the fact that they must appear before, and seek favor from, all-male juries. Opponents conjured up a seductive woman defender pleading passionately and personally to twelve men, skewing justice and shaming herself and all womankind in the process. (This image had more rhetorical force than a woman lawyer in a cozy office-parlor, writing a will for another lady—a picture closer to reality for most early women lawyers).		Because Lelia Robinson tried her first criminal cases in a place where women, for a brief, bright interlude, had suffrage and served on juries, she did not face one of the main arguments against women lawyers: the fact that they must appear before, and seek favor from, all-male juries. Opponents conjured up a seductive woman defender pleading passionately and personally to twelve men, skewing justice and shaming herself and all womankind in the process. (This image had more rhetorical force than a woman lawyer in a cozy office-parlor, writing a will for another lady—a picture closer to reality for most early women lawyers).
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	===Women Defenders and Women Jurors===		===Women Defenders and Women Jurors===
		+
		+	----

	The women lawyers themselves were not the only ones who would be defiled by allowing women to defend in criminal cases. Other women, symbolically and actually, would be corrupted. The opponents had several well-elaborated arguments about how this would occur. First was the assumption that once women invaded the courthouse as lawyers, then the only way to offset their bad effects on justice, would be to put women on juries. “Upon such a panel the woman lawyer’s seductive and persuasive arts would be wasted.”		The women lawyers themselves were not the only ones who would be defiled by allowing women to defend in criminal cases. Other women, symbolically and actually, would be corrupted. The opponents had several well-elaborated arguments about how this would occur. First was the assumption that once women invaded the courthouse as lawyers, then the only way to offset their bad effects on justice, would be to put women on juries. “Upon such a panel the woman lawyer’s seductive and persuasive arts would be wasted.”
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	===Laura Gordon and the Sproule Case===		===Laura Gordon and the Sproule Case===
		+
		+	----

	Remember the central image against the woman as lawyer: that she would use her feminine charisma before an all-male jury to win for a guilty man. Some said that Laura Gordon did just that in the Sproule case. Her client had shot and killed another man by accident when he was actually aiming for Espey, the seducer of his wife.		Remember the central image against the woman as lawyer: that she would use her feminine charisma before an all-male jury to win for a guilty man. Some said that Laura Gordon did just that in the Sproule case. Her client had shot and killed another man by accident when he was actually aiming for Espey, the seducer of his wife.
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	===Why Women Became Defenders===		===Why Women Became Defenders===
		+
		+	----

	Given that the female criminal defense lawyer was so detested a figure, and given the difficulties of their actual experiences, why did women choose, and remain in, that branch of practice? Necessity is a large part of the answer. Though in the last decades of the nineteenth century it was easy for white males to become a lawyer, in terms of formal requirements, it was much harder to make a living at it. To put “Esquire” after his name in most of the West, a man needed only to reside and read law for a little while and then to answer a few questions orally asked by the court where he wished to practice. Comity or courtesy among the courts usually secured admission on motion everywhere in the admitting states, and in neighboring locales as well.		Given that the female criminal defense lawyer was so detested a figure, and given the difficulties of their actual experiences, why did women choose, and remain in, that branch of practice? Necessity is a large part of the answer. Though in the last decades of the nineteenth century it was easy for white males to become a lawyer, in terms of formal requirements, it was much harder to make a living at it. To put “Esquire” after his name in most of the West, a man needed only to reside and read law for a little while and then to answer a few questions orally asked by the court where he wished to practice. Comity or courtesy among the courts usually secured admission on motion everywhere in the admitting states, and in neighboring locales as well.
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	===The Contributions of Women to Criminal Defense===		===The Contributions of Women to Criminal Defense===
		+
		+	----

	Close examination of the individual lives of the early women lawyers reveals a self-conscious feminist in virtually every one of them. They considered themselves part of a great movement to transform American society. This motivating philosophy carried over to criminal defense in a number of ways—on the most basic level; in everything they did they were representing all women. Each woman bore on her shoulders the reputation of every woman in all public performances. This naturally made for better performances.		Close examination of the individual lives of the early women lawyers reveals a self-conscious feminist in virtually every one of them. They considered themselves part of a great movement to transform American society. This motivating philosophy carried over to criminal defense in a number of ways—on the most basic level; in everything they did they were representing all women. Each woman bore on her shoulders the reputation of every woman in all public performances. This naturally made for better performances.

Jalss at 07:13, 17 November 2010

Jalss — Wed, 17 Nov 2010 07:13:51 GMT

← Older revision		Revision as of 07:13, 17 November 2010
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	This Note reflects my investigations into the general practice of law in the West during Foltz's life. It reflects historical accounts of the period including biographical sketches of lawyers along with newspaper and archive research on legal cases tried during the time.		This Note reflects my investigations into the general practice of law in the West during Foltz's life. It reflects historical accounts of the period including biographical sketches of lawyers along with newspaper and archive research on legal cases tried during the time.

-	=General Works=	+	==General Works==

	GORDON BAKKEN, PRACTICING LAW IN FRONTIER CALIFORNIA (1991) is a path-breaking study (Clara Foltz is described and pictured at pp. 15-17).		GORDON BAKKEN, PRACTICING LAW IN FRONTIER CALIFORNIA (1991) is a path-breaking study (Clara Foltz is described and pictured at pp. 15-17).
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-	=Biographical Works=	+	==Biographical Works==

	Individual and collective biographies afford the best access to the realities and particulars of law practice. Bakken, PRACTICING LAW IN FRONTIER CALIFORNIA, relied on biographical material relating to 1,168 lawyers in the last three decades of the nineteenth century, at p. 2 and notes. ''See'' Ralph James Mooney, ''Pride and Precedent in Early California: Christian Fritz’s Ogden Hoffman'', 18 Law and Social Inquiry 731 (1993) for astute comments on the use of biography. The biography of Thomas Fitch is especially illuminating as to law practice in Foltz’s time; he was “one of the best known legal and political figures on the frontier in the 1880’s although hardly remembered today.” STEVEN LUBET, MURDER IN TOMBSTONE: THE FORGOTTEN TRIAL OF WYATT EARP (2004) at 80. Fitch was the chief defense lawyer in the legal proceedings following the famous gunfight at OK Corral in 1881. Overall, these proceedings held in a rough part of Arizona Territory come across as both civilized, legally fair, and sophisticated. Ten years older than Foltz, Fitch overlapped with her in the late 1880’s when both were lawyers and journalists in San Diego. Indeed, Fitch became the editor of the Bee after Foltz sold it. ''See'' Chapter Two. Fitch’s career was like Foltz’s in his many moves and occupations secondary to law practice (journalist, political orator, miner and real estate boomer). He was an elected official in two states and two territories. WESTERN CARPETBAGGER, THE EXTRAORDINARY MEMOIRS OF “SENATOR” THOMAS FITCH 175 (Eric N. Moody ed., 1978).		Individual and collective biographies afford the best access to the realities and particulars of law practice. Bakken, PRACTICING LAW IN FRONTIER CALIFORNIA, relied on biographical material relating to 1,168 lawyers in the last three decades of the nineteenth century, at p. 2 and notes. ''See'' Ralph James Mooney, ''Pride and Precedent in Early California: Christian Fritz’s Ogden Hoffman'', 18 Law and Social Inquiry 731 (1993) for astute comments on the use of biography. The biography of Thomas Fitch is especially illuminating as to law practice in Foltz’s time; he was “one of the best known legal and political figures on the frontier in the 1880’s although hardly remembered today.” STEVEN LUBET, MURDER IN TOMBSTONE: THE FORGOTTEN TRIAL OF WYATT EARP (2004) at 80. Fitch was the chief defense lawyer in the legal proceedings following the famous gunfight at OK Corral in 1881. Overall, these proceedings held in a rough part of Arizona Territory come across as both civilized, legally fair, and sophisticated. Ten years older than Foltz, Fitch overlapped with her in the late 1880’s when both were lawyers and journalists in San Diego. Indeed, Fitch became the editor of the Bee after Foltz sold it. ''See'' Chapter Two. Fitch’s career was like Foltz’s in his many moves and occupations secondary to law practice (journalist, political orator, miner and real estate boomer). He was an elected official in two states and two territories. WESTERN CARPETBAGGER, THE EXTRAORDINARY MEMOIRS OF “SENATOR” THOMAS FITCH 175 (Eric N. Moody ed., 1978).
Line 33:		Line 33:


-	==Oscar Shuck's Work==	+	===Oscar Shuck's Work===

	My best sources for understanding the men among whom Foltz practiced and her legal milieu, are the publications of Oscar Tully Shuck. A lawyer himself, he became the Boswell of the California Bar, collecting and writing news stories and articles as well as detailed and personal biographies of hundreds of lawyers over a fifty year period. OSCAR SHUCK, HISTORY OF THE BENCH AND BAR OF CALIFORNIA (1901) [HEREAFTER, SHUCK, BENCH AND BAR].		My best sources for understanding the men among whom Foltz practiced and her legal milieu, are the publications of Oscar Tully Shuck. A lawyer himself, he became the Boswell of the California Bar, collecting and writing news stories and articles as well as detailed and personal biographies of hundreds of lawyers over a fifty year period. OSCAR SHUCK, HISTORY OF THE BENCH AND BAR OF CALIFORNIA (1901) [HEREAFTER, SHUCK, BENCH AND BAR].
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-	=Clara Foltz’s Practice=	+	==Clara Foltz’s Practice==

	Clara Foltz’s cases, shaped by her position as a woman lawyer, offer good examples of the work of a hustling solo practitioner. Divorce suits, in which she usually appeared for the plaintiff-woman, criminal cases representing both paying clients and defendants who came to her by unpaid court appointments, personal injury litigation, patent infringement suits, and property disputes were all cases she tried in the western courts.		Clara Foltz’s cases, shaped by her position as a woman lawyer, offer good examples of the work of a hustling solo practitioner. Divorce suits, in which she usually appeared for the plaintiff-woman, criminal cases representing both paying clients and defendants who came to her by unpaid court appointments, personal injury litigation, patent infringement suits, and property disputes were all cases she tried in the western courts.
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-	=Women and Criminal Law Practice=	+	==Women and Criminal Law Practice==

	As noted throughout the text, Foltz, like her friend Laura Gordon and many other pioneers, did a great deal of criminal defense work. ''See'' Chapter Seven. I have discussed the reasons for this and some of the leading cases in the careers of Lavinia Goodell, Lelia Robinson, and Laura Gordon as well as Foltz in ''Women Defenders in the West'', 1 NEV. L. J. 1 ( 2001); WLH website; text excerpted below; see article for detailed footnotes.		As noted throughout the text, Foltz, like her friend Laura Gordon and many other pioneers, did a great deal of criminal defense work. ''See'' Chapter Seven. I have discussed the reasons for this and some of the leading cases in the careers of Lavinia Goodell, Lelia Robinson, and Laura Gordon as well as Foltz in ''Women Defenders in the West'', 1 NEV. L. J. 1 ( 2001); WLH website; text excerpted below; see article for detailed footnotes.
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-	==Lelia Robinson==	+	===Lelia Robinson===

	Lelia Robinson, who was herself an historian of women lawyers, offers an ideal starting point. She defended criminals in Washington Territory in the mid-1880s. In order to gain this experience, she had migrated from Massachusetts, where she was the first woman lawyer in the state. It was an arduous journey to a wild destination and Miss Robinson traveled alone in 1884. Certainly no one would have predicted only a few years earlier that she would be capable of such a journey. At that point, when she matriculated at Boston University law school, her great worry had been about daily student life: how was she to deal with fellow students given that no lady should speak to a man unless they had been formally introduced.		Lelia Robinson, who was herself an historian of women lawyers, offers an ideal starting point. She defended criminals in Washington Territory in the mid-1880s. In order to gain this experience, she had migrated from Massachusetts, where she was the first woman lawyer in the state. It was an arduous journey to a wild destination and Miss Robinson traveled alone in 1884. Certainly no one would have predicted only a few years earlier that she would be capable of such a journey. At that point, when she matriculated at Boston University law school, her great worry had been about daily student life: how was she to deal with fellow students given that no lady should speak to a man unless they had been formally introduced.
Line 110:		Line 110:


-	==Women Defenders: The Negative Image==	+	===Women Defenders: The Negative Image===

	Because Lelia Robinson tried her first criminal cases in a place where women, for a brief, bright interlude, had suffrage and served on juries, she did not face one of the main arguments against women lawyers: the fact that they must appear before, and seek favor from, all-male juries. Opponents conjured up a seductive woman defender pleading passionately and personally to twelve men, skewing justice and shaming herself and all womankind in the process. (This image had more rhetorical force than a woman lawyer in a cozy office-parlor, writing a will for another lady—a picture closer to reality for most early women lawyers).		Because Lelia Robinson tried her first criminal cases in a place where women, for a brief, bright interlude, had suffrage and served on juries, she did not face one of the main arguments against women lawyers: the fact that they must appear before, and seek favor from, all-male juries. Opponents conjured up a seductive woman defender pleading passionately and personally to twelve men, skewing justice and shaming herself and all womankind in the process. (This image had more rhetorical force than a woman lawyer in a cozy office-parlor, writing a will for another lady—a picture closer to reality for most early women lawyers).
Line 133:		Line 133:


-	==Women Defenders and Women Jurors==	+	===Women Defenders and Women Jurors===

	The women lawyers themselves were not the only ones who would be defiled by allowing women to defend in criminal cases. Other women, symbolically and actually, would be corrupted. The opponents had several well-elaborated arguments about how this would occur. First was the assumption that once women invaded the courthouse as lawyers, then the only way to offset their bad effects on justice, would be to put women on juries. “Upon such a panel the woman lawyer’s seductive and persuasive arts would be wasted.”		The women lawyers themselves were not the only ones who would be defiled by allowing women to defend in criminal cases. Other women, symbolically and actually, would be corrupted. The opponents had several well-elaborated arguments about how this would occur. First was the assumption that once women invaded the courthouse as lawyers, then the only way to offset their bad effects on justice, would be to put women on juries. “Upon such a panel the woman lawyer’s seductive and persuasive arts would be wasted.”
Line 153:		Line 153:


-	==Laura Gordon and the Sproule Case==	+	===Laura Gordon and the Sproule Case===

	Remember the central image against the woman as lawyer: that she would use her feminine charisma before an all-male jury to win for a guilty man. Some said that Laura Gordon did just that in the Sproule case. Her client had shot and killed another man by accident when he was actually aiming for Espey, the seducer of his wife.		Remember the central image against the woman as lawyer: that she would use her feminine charisma before an all-male jury to win for a guilty man. Some said that Laura Gordon did just that in the Sproule case. Her client had shot and killed another man by accident when he was actually aiming for Espey, the seducer of his wife.
Line 176:		Line 176:


-	==Why Women Became Defenders==	+	===Why Women Became Defenders===

	Given that the female criminal defense lawyer was so detested a figure, and given the difficulties of their actual experiences, why did women choose, and remain in, that branch of practice? Necessity is a large part of the answer. Though in the last decades of the nineteenth century it was easy for white males to become a lawyer, in terms of formal requirements, it was much harder to make a living at it. To put “Esquire” after his name in most of the West, a man needed only to reside and read law for a little while and then to answer a few questions orally asked by the court where he wished to practice. Comity or courtesy among the courts usually secured admission on motion everywhere in the admitting states, and in neighboring locales as well.		Given that the female criminal defense lawyer was so detested a figure, and given the difficulties of their actual experiences, why did women choose, and remain in, that branch of practice? Necessity is a large part of the answer. Though in the last decades of the nineteenth century it was easy for white males to become a lawyer, in terms of formal requirements, it was much harder to make a living at it. To put “Esquire” after his name in most of the West, a man needed only to reside and read law for a little while and then to answer a few questions orally asked by the court where he wished to practice. Comity or courtesy among the courts usually secured admission on motion everywhere in the admitting states, and in neighboring locales as well.
Line 205:		Line 205:


-	==The Contributions of Women to Criminal Defense==	+	===The Contributions of Women to Criminal Defense===

	Close examination of the individual lives of the early women lawyers reveals a self-conscious feminist in virtually every one of them. They considered themselves part of a great movement to transform American society. This motivating philosophy carried over to criminal defense in a number of ways—on the most basic level; in everything they did they were representing all women. Each woman bore on her shoulders the reputation of every woman in all public performances. This naturally made for better performances.		Close examination of the individual lives of the early women lawyers reveals a self-conscious feminist in virtually every one of them. They considered themselves part of a great movement to transform American society. This motivating philosophy carried over to criminal defense in a number of ways—on the most basic level; in everything they did they were representing all women. Each woman bore on her shoulders the reputation of every woman in all public performances. This naturally made for better performances.

Jalss at 04:17, 9 November 2010

Jalss — Tue, 09 Nov 2010 04:17:38 GMT

← Older revision		Revision as of 04:17, 9 November 2010
Line 1:		Line 1:
	This Note reflects my investigations into the general practice of law in the West during Foltz's life. It reflects historical accounts of the period including biographical sketches of lawyers along with newspaper and archive research on legal cases tried during the time.		This Note reflects my investigations into the general practice of law in the West during Foltz's life. It reflects historical accounts of the period including biographical sketches of lawyers along with newspaper and archive research on legal cases tried during the time.
-

	=General Works=		=General Works=

Jalss at 04:17, 9 November 2010

Jalss — Tue, 09 Nov 2010 04:17:27 GMT

← Older revision		Revision as of 04:17, 9 November 2010
Line 1:		Line 1:
	This Note reflects my investigations into the general practice of law in the West during Foltz's life. It reflects historical accounts of the period including biographical sketches of lawyers along with newspaper and archive research on legal cases tried during the time.		This Note reflects my investigations into the general practice of law in the West during Foltz's life. It reflects historical accounts of the period including biographical sketches of lawyers along with newspaper and archive research on legal cases tried during the time.
		+

	=General Works=		=General Works=
Line 57:		Line 58:

	Before 1880 there was no law school in the state, but once Hastings was established it provided a source for rigorous legal education for future generations of California lawyers. THOMAS GARDEN BARNES, HASTINGS COLLEGE OF LAW: THE FIRST CENTURY (1978) gives a good picture of the vision and practices of the men who founded the law school and of John Norton Pomeroy, the prominent Eastern professor who organized the school’s curriculum.		Before 1880 there was no law school in the state, but once Hastings was established it provided a source for rigorous legal education for future generations of California lawyers. THOMAS GARDEN BARNES, HASTINGS COLLEGE OF LAW: THE FIRST CENTURY (1978) gives a good picture of the vision and practices of the men who founded the law school and of John Norton Pomeroy, the prominent Eastern professor who organized the school’s curriculum.
		+

	=Clara Foltz’s Practice=		=Clara Foltz’s Practice=
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-	===Women Defenders: The Negative Image===	+	==Women Defenders: The Negative Image==
-	~~----~~	+

	Because Lelia Robinson tried her first criminal cases in a place where women, for a brief, bright interlude, had suffrage and served on juries, she did not face one of the main arguments against women lawyers: the fact that they must appear before, and seek favor from, all-male juries. Opponents conjured up a seductive woman defender pleading passionately and personally to twelve men, skewing justice and shaming herself and all womankind in the process. (This image had more rhetorical force than a woman lawyer in a cozy office-parlor, writing a will for another lady—a picture closer to reality for most early women lawyers).		Because Lelia Robinson tried her first criminal cases in a place where women, for a brief, bright interlude, had suffrage and served on juries, she did not face one of the main arguments against women lawyers: the fact that they must appear before, and seek favor from, all-male juries. Opponents conjured up a seductive woman defender pleading passionately and personally to twelve men, skewing justice and shaming herself and all womankind in the process. (This image had more rhetorical force than a woman lawyer in a cozy office-parlor, writing a will for another lady—a picture closer to reality for most early women lawyers).
Line 133:		Line 134:


-	===Women Defenders and Women Jurors===	+	==Women Defenders and Women Jurors==
-	~~----~~	+

	The women lawyers themselves were not the only ones who would be defiled by allowing women to defend in criminal cases. Other women, symbolically and actually, would be corrupted. The opponents had several well-elaborated arguments about how this would occur. First was the assumption that once women invaded the courthouse as lawyers, then the only way to offset their bad effects on justice, would be to put women on juries. “Upon such a panel the woman lawyer’s seductive and persuasive arts would be wasted.”		The women lawyers themselves were not the only ones who would be defiled by allowing women to defend in criminal cases. Other women, symbolically and actually, would be corrupted. The opponents had several well-elaborated arguments about how this would occur. First was the assumption that once women invaded the courthouse as lawyers, then the only way to offset their bad effects on justice, would be to put women on juries. “Upon such a panel the woman lawyer’s seductive and persuasive arts would be wasted.”
Line 154:		Line 154:


-	===Laura Gordon and the Sproule Case===	+	==Laura Gordon and the Sproule Case==
-	~~----~~	+

	Remember the central image against the woman as lawyer: that she would use her feminine charisma before an all-male jury to win for a guilty man. Some said that Laura Gordon did just that in the Sproule case. Her client had shot and killed another man by accident when he was actually aiming for Espey, the seducer of his wife.		Remember the central image against the woman as lawyer: that she would use her feminine charisma before an all-male jury to win for a guilty man. Some said that Laura Gordon did just that in the Sproule case. Her client had shot and killed another man by accident when he was actually aiming for Espey, the seducer of his wife.
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-	===Why Women Became Defenders===	+	==Why Women Became Defenders==
-	~~----~~	+

	Given that the female criminal defense lawyer was so detested a figure, and given the difficulties of their actual experiences, why did women choose, and remain in, that branch of practice? Necessity is a large part of the answer. Though in the last decades of the nineteenth century it was easy for white males to become a lawyer, in terms of formal requirements, it was much harder to make a living at it. To put “Esquire” after his name in most of the West, a man needed only to reside and read law for a little while and then to answer a few questions orally asked by the court where he wished to practice. Comity or courtesy among the courts usually secured admission on motion everywhere in the admitting states, and in neighboring locales as well.		Given that the female criminal defense lawyer was so detested a figure, and given the difficulties of their actual experiences, why did women choose, and remain in, that branch of practice? Necessity is a large part of the answer. Though in the last decades of the nineteenth century it was easy for white males to become a lawyer, in terms of formal requirements, it was much harder to make a living at it. To put “Esquire” after his name in most of the West, a man needed only to reside and read law for a little while and then to answer a few questions orally asked by the court where he wished to practice. Comity or courtesy among the courts usually secured admission on motion everywhere in the admitting states, and in neighboring locales as well.
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-	===The Contributions of Women to Criminal Defense===	+	==The Contributions of Women to Criminal Defense==
-	~~----~~	+
-		+

	Close examination of the individual lives of the early women lawyers reveals a self-conscious feminist in virtually every one of them. They considered themselves part of a great movement to transform American society. This motivating philosophy carried over to criminal defense in a number of ways—on the most basic level; in everything they did they were representing all women. Each woman bore on her shoulders the reputation of every woman in all public performances. This naturally made for better performances.		Close examination of the individual lives of the early women lawyers reveals a self-conscious feminist in virtually every one of them. They considered themselves part of a great movement to transform American society. This motivating philosophy carried over to criminal defense in a number of ways—on the most basic level; in everything they did they were representing all women. Each woman bore on her shoulders the reputation of every woman in all public performances. This naturally made for better performances.
		+

	As radical as it was to seek the vote, jury service, or the right to pursue a profession, the late 19th century suffrage movement included even more extreme elements. Many of these socialistic, populist, progressive movements-within-the-main-movement considered inequality and oppression as the root causes of crime, and criminal defendants as victims of a cruel and corrupt system. Nationalism, which sprang up in the late 80s, was an example of one of these sub-movements. Based on Edward Bellamy’s novel, LOOKING BACKWARD, it envisioned a classless society without want and with work for all. In such a world, crime would be largely eradicated, and what remained would be treated as mental illness. Many of the movement women were Nationalists; Clara Foltz, for instance, was President of the Nationalist club in San Diego.		As radical as it was to seek the vote, jury service, or the right to pursue a profession, the late 19th century suffrage movement included even more extreme elements. Many of these socialistic, populist, progressive movements-within-the-main-movement considered inequality and oppression as the root causes of crime, and criminal defendants as victims of a cruel and corrupt system. Nationalism, which sprang up in the late 80s, was an example of one of these sub-movements. Based on Edward Bellamy’s novel, LOOKING BACKWARD, it envisioned a classless society without want and with work for all. In such a world, crime would be largely eradicated, and what remained would be treated as mental illness. Many of the movement women were Nationalists; Clara Foltz, for instance, was President of the Nationalist club in San Diego.

Jalss: /* Biographical Works */

Jalss — Tue, 09 Nov 2010 04:15:49 GMT

Biographical Works

← Older revision		Revision as of 04:15, 9 November 2010
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	Biographies of Stephen J. Field, who practiced in California for fifteen years before he became the first Justice of the U.S. Supreme Court appointed from the far western states (in 1863) also reveal a good deal about the daily practice of law. CARL BRENT SWISHER, STEPHEN J. FIELD: CRAFTSMAN OF THE LAW, (1930). PAUL KENS, JUSTICE STEPHEN FIELD: SHAPING LIBERTY FROM THE GOLD RUSH TO THE GILDED AGE (1997).		Biographies of Stephen J. Field, who practiced in California for fifteen years before he became the first Justice of the U.S. Supreme Court appointed from the far western states (in 1863) also reveal a good deal about the daily practice of law. CARL BRENT SWISHER, STEPHEN J. FIELD: CRAFTSMAN OF THE LAW, (1930). PAUL KENS, JUSTICE STEPHEN FIELD: SHAPING LIBERTY FROM THE GOLD RUSH TO THE GILDED AGE (1997).
		+

	==Oscar Shuck's Work==		==Oscar Shuck's Work==
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	Before 1880 there was no law school in the state, but once Hastings was established it provided a source for rigorous legal education for future generations of California lawyers. THOMAS GARDEN BARNES, HASTINGS COLLEGE OF LAW: THE FIRST CENTURY (1978) gives a good picture of the vision and practices of the men who founded the law school and of John Norton Pomeroy, the prominent Eastern professor who organized the school’s curriculum.		Before 1880 there was no law school in the state, but once Hastings was established it provided a source for rigorous legal education for future generations of California lawyers. THOMAS GARDEN BARNES, HASTINGS COLLEGE OF LAW: THE FIRST CENTURY (1978) gives a good picture of the vision and practices of the men who founded the law school and of John Norton Pomeroy, the prominent Eastern professor who organized the school’s curriculum.
-

	=Clara Foltz’s Practice=		=Clara Foltz’s Practice=

Jalss at 04:15, 9 November 2010

Jalss — Tue, 09 Nov 2010 04:15:33 GMT

← Older revision		Revision as of 04:15, 9 November 2010
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-	==Biographical Works==	+	=Biographical Works=

	Individual and collective biographies afford the best access to the realities and particulars of law practice. Bakken, PRACTICING LAW IN FRONTIER CALIFORNIA, relied on biographical material relating to 1,168 lawyers in the last three decades of the nineteenth century, at p. 2 and notes. ''See'' Ralph James Mooney, ''Pride and Precedent in Early California: Christian Fritz’s Ogden Hoffman'', 18 Law and Social Inquiry 731 (1993) for astute comments on the use of biography. The biography of Thomas Fitch is especially illuminating as to law practice in Foltz’s time; he was “one of the best known legal and political figures on the frontier in the 1880’s although hardly remembered today.” STEVEN LUBET, MURDER IN TOMBSTONE: THE FORGOTTEN TRIAL OF WYATT EARP (2004) at 80. Fitch was the chief defense lawyer in the legal proceedings following the famous gunfight at OK Corral in 1881. Overall, these proceedings held in a rough part of Arizona Territory come across as both civilized, legally fair, and sophisticated. Ten years older than Foltz, Fitch overlapped with her in the late 1880’s when both were lawyers and journalists in San Diego. Indeed, Fitch became the editor of the Bee after Foltz sold it. ''See'' Chapter Two. Fitch’s career was like Foltz’s in his many moves and occupations secondary to law practice (journalist, political orator, miner and real estate boomer). He was an elected official in two states and two territories. WESTERN CARPETBAGGER, THE EXTRAORDINARY MEMOIRS OF “SENATOR” THOMAS FITCH 175 (Eric N. Moody ed., 1978).		Individual and collective biographies afford the best access to the realities and particulars of law practice. Bakken, PRACTICING LAW IN FRONTIER CALIFORNIA, relied on biographical material relating to 1,168 lawyers in the last three decades of the nineteenth century, at p. 2 and notes. ''See'' Ralph James Mooney, ''Pride and Precedent in Early California: Christian Fritz’s Ogden Hoffman'', 18 Law and Social Inquiry 731 (1993) for astute comments on the use of biography. The biography of Thomas Fitch is especially illuminating as to law practice in Foltz’s time; he was “one of the best known legal and political figures on the frontier in the 1880’s although hardly remembered today.” STEVEN LUBET, MURDER IN TOMBSTONE: THE FORGOTTEN TRIAL OF WYATT EARP (2004) at 80. Fitch was the chief defense lawyer in the legal proceedings following the famous gunfight at OK Corral in 1881. Overall, these proceedings held in a rough part of Arizona Territory come across as both civilized, legally fair, and sophisticated. Ten years older than Foltz, Fitch overlapped with her in the late 1880’s when both were lawyers and journalists in San Diego. Indeed, Fitch became the editor of the Bee after Foltz sold it. ''See'' Chapter Two. Fitch’s career was like Foltz’s in his many moves and occupations secondary to law practice (journalist, political orator, miner and real estate boomer). He was an elected official in two states and two territories. WESTERN CARPETBAGGER, THE EXTRAORDINARY MEMOIRS OF “SENATOR” THOMAS FITCH 175 (Eric N. Moody ed., 1978).
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	Biographies of Stephen J. Field, who practiced in California for fifteen years before he became the first Justice of the U.S. Supreme Court appointed from the far western states (in 1863) also reveal a good deal about the daily practice of law. CARL BRENT SWISHER, STEPHEN J. FIELD: CRAFTSMAN OF THE LAW, (1930). PAUL KENS, JUSTICE STEPHEN FIELD: SHAPING LIBERTY FROM THE GOLD RUSH TO THE GILDED AGE (1997).		Biographies of Stephen J. Field, who practiced in California for fifteen years before he became the first Justice of the U.S. Supreme Court appointed from the far western states (in 1863) also reveal a good deal about the daily practice of law. CARL BRENT SWISHER, STEPHEN J. FIELD: CRAFTSMAN OF THE LAW, (1930). PAUL KENS, JUSTICE STEPHEN FIELD: SHAPING LIBERTY FROM THE GOLD RUSH TO THE GILDED AGE (1997).

-	===Oscar Shuck's Work===	+	==Oscar Shuck's Work==
-	~~----~~	+

	My best sources for understanding the men among whom Foltz practiced and her legal milieu, are the publications of Oscar Tully Shuck. A lawyer himself, he became the Boswell of the California Bar, collecting and writing news stories and articles as well as detailed and personal biographies of hundreds of lawyers over a fifty year period. OSCAR SHUCK, HISTORY OF THE BENCH AND BAR OF CALIFORNIA (1901) [HEREAFTER, SHUCK, BENCH AND BAR].		My best sources for understanding the men among whom Foltz practiced and her legal milieu, are the publications of Oscar Tully Shuck. A lawyer himself, he became the Boswell of the California Bar, collecting and writing news stories and articles as well as detailed and personal biographies of hundreds of lawyers over a fifty year period. OSCAR SHUCK, HISTORY OF THE BENCH AND BAR OF CALIFORNIA (1901) [HEREAFTER, SHUCK, BENCH AND BAR].
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-	==Clara Foltz’s Practice==	+	=Clara Foltz’s Practice=

	Clara Foltz’s cases, shaped by her position as a woman lawyer, offer good examples of the work of a hustling solo practitioner. Divorce suits, in which she usually appeared for the plaintiff-woman, criminal cases representing both paying clients and defendants who came to her by unpaid court appointments, personal injury litigation, patent infringement suits, and property disputes were all cases she tried in the western courts.		Clara Foltz’s cases, shaped by her position as a woman lawyer, offer good examples of the work of a hustling solo practitioner. Divorce suits, in which she usually appeared for the plaintiff-woman, criminal cases representing both paying clients and defendants who came to her by unpaid court appointments, personal injury litigation, patent infringement suits, and property disputes were all cases she tried in the western courts.
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	Also at issue in ''Foltz v. Cogswell'' was the meaning of the clause of the 1879 California constitution which forbade lobbying. The case confirmed the clear history of the clause which was to prevent secret bribes and corporate lobbying. ''See'' Babcock, ''Constitution-Maker'', at n. 111. I explain there that the Workingmen’s party presented a number of ill- drafted provisions that would have made all personal solicitation of legislators a crime. But the intention of the clause that passed CAL. CONST. art. IV, § 35 (1879, repealed in 1966) (current version at CAL. CONST. art. IV, § 15) was to prevent only improper influences by “bribery, promise of reward, intimidation, or any other dishonest means."		Also at issue in ''Foltz v. Cogswell'' was the meaning of the clause of the 1879 California constitution which forbade lobbying. The case confirmed the clear history of the clause which was to prevent secret bribes and corporate lobbying. ''See'' Babcock, ''Constitution-Maker'', at n. 111. I explain there that the Workingmen’s party presented a number of ill- drafted provisions that would have made all personal solicitation of legislators a crime. But the intention of the clause that passed CAL. CONST. art. IV, § 35 (1879, repealed in 1966) (current version at CAL. CONST. art. IV, § 15) was to prevent only improper influences by “bribery, promise of reward, intimidation, or any other dishonest means."

-	==Women and Criminal Law Practice==	+
		+	=Women and Criminal Law Practice=

	As noted throughout the text, Foltz, like her friend Laura Gordon and many other pioneers, did a great deal of criminal defense work. ''See'' Chapter Seven. I have discussed the reasons for this and some of the leading cases in the careers of Lavinia Goodell, Lelia Robinson, and Laura Gordon as well as Foltz in ''Women Defenders in the West'', 1 NEV. L. J. 1 ( 2001); WLH website; text excerpted below; see article for detailed footnotes.		As noted throughout the text, Foltz, like her friend Laura Gordon and many other pioneers, did a great deal of criminal defense work. ''See'' Chapter Seven. I have discussed the reasons for this and some of the leading cases in the careers of Lavinia Goodell, Lelia Robinson, and Laura Gordon as well as Foltz in ''Women Defenders in the West'', 1 NEV. L. J. 1 ( 2001); WLH website; text excerpted below; see article for detailed footnotes.
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-	===Lelia Robinson===	+	==Lelia Robinson==
-	~~----~~	+

	Lelia Robinson, who was herself an historian of women lawyers, offers an ideal starting point. She defended criminals in Washington Territory in the mid-1880s. In order to gain this experience, she had migrated from Massachusetts, where she was the first woman lawyer in the state. It was an arduous journey to a wild destination and Miss Robinson traveled alone in 1884. Certainly no one would have predicted only a few years earlier that she would be capable of such a journey. At that point, when she matriculated at Boston University law school, her great worry had been about daily student life: how was she to deal with fellow students given that no lady should speak to a man unless they had been formally introduced.		Lelia Robinson, who was herself an historian of women lawyers, offers an ideal starting point. She defended criminals in Washington Territory in the mid-1880s. In order to gain this experience, she had migrated from Massachusetts, where she was the first woman lawyer in the state. It was an arduous journey to a wild destination and Miss Robinson traveled alone in 1884. Certainly no one would have predicted only a few years earlier that she would be capable of such a journey. At that point, when she matriculated at Boston University law school, her great worry had been about daily student life: how was she to deal with fellow students given that no lady should speak to a man unless they had been formally introduced.

Jalss at 04:14, 9 November 2010

Jalss — Tue, 09 Nov 2010 04:14:10 GMT

← Older revision		Revision as of 04:14, 9 November 2010
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	This Note reflects my investigations into the general practice of law in the West during Foltz's life. It reflects historical accounts of the period including biographical sketches of lawyers along with newspaper and archive research on legal cases tried during the time.		This Note reflects my investigations into the general practice of law in the West during Foltz's life. It reflects historical accounts of the period including biographical sketches of lawyers along with newspaper and archive research on legal cases tried during the time.

-	==General Works==	+	=General Works=

	GORDON BAKKEN, PRACTICING LAW IN FRONTIER CALIFORNIA (1991) is a path-breaking study (Clara Foltz is described and pictured at pp. 15-17).		GORDON BAKKEN, PRACTICING LAW IN FRONTIER CALIFORNIA (1991) is a path-breaking study (Clara Foltz is described and pictured at pp. 15-17).
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	At the Congress of Jurisprudence and Law Reform held in conjunction with the 1893 World’s Fair, a California judge was quoted as saying that: "Court jokes, bawdy stories, and badgering witnesses in the West have largely passed away.” Belva Lockwood, ''The Congress of Law Reform'', 3 Am. J. Pol., 321-33 (1893).		At the Congress of Jurisprudence and Law Reform held in conjunction with the 1893 World’s Fair, a California judge was quoted as saying that: "Court jokes, bawdy stories, and badgering witnesses in the West have largely passed away.” Belva Lockwood, ''The Congress of Law Reform'', 3 Am. J. Pol., 321-33 (1893).
		+

	==Biographical Works==		==Biographical Works==
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	Before 1880 there was no law school in the state, but once Hastings was established it provided a source for rigorous legal education for future generations of California lawyers. THOMAS GARDEN BARNES, HASTINGS COLLEGE OF LAW: THE FIRST CENTURY (1978) gives a good picture of the vision and practices of the men who founded the law school and of John Norton Pomeroy, the prominent Eastern professor who organized the school’s curriculum.		Before 1880 there was no law school in the state, but once Hastings was established it provided a source for rigorous legal education for future generations of California lawyers. THOMAS GARDEN BARNES, HASTINGS COLLEGE OF LAW: THE FIRST CENTURY (1978) gives a good picture of the vision and practices of the men who founded the law school and of John Norton Pomeroy, the prominent Eastern professor who organized the school’s curriculum.
		+

	==Clara Foltz’s Practice==		==Clara Foltz’s Practice==