vided for the offices of president, recorder, sheriff, and stakemaster." The Gold Hill law of 1860 provided for a president, vicepresident, recorder, justice of the peace, constable, and road commissioner. In Sugar Loaf District the office of treasurer was created" The Central Mining District had only two officers, a recorder and a surveyor and in Ward District the only officers were a president and a recorder 2

The laws of 1861 show fewer variations than in previous years, but still the tendency to act independently was as powerful as that of uniformity. In the Silver Lake District the only regularly elected officer was a recorder, all other officers being appointed by the miners when in session." In Wisconsin District a special arrangement was made for the miners of Erick Gulch, the privilege of electing a justice of the peace and a sheriff, to serve in that portion of the district, being granted in a miners' meeting on July 24, 1861. The Snowy Range District provided for a president and recorder only,35 and the Ward District added the offices of sheriff, surveyor, road commissioner, and three road viewers." Spanish Bar District had a president, recorder, constable, justice of the peace, surveyor, and collector of taxes.*7

Upper Union District took a unique step in lawmaking on October 21, 1861, when a miners' meeting decided to have a legislative body of seven or more men who in future would legislate for the district. This meant that the pure democracy was to give way to a representative system. The organization of territorial government in 1861 checked the development of the institutions that had sprung into being in the mountain gulches, but had they continued to develop along normal lines, it seems probable that the step taken in the Upper Union District would have been a natural one in other districts.

Bancroft tells us that in the Gregory District disputes were to be settled by arbitration, and the impression that he leaves is that this

28 Gilpin County, Wisconsin Dist., Records. 29 Boulder County, Gold Hill Dist., Laws. 20 Id., Sugar Loaf Dist., Sugar Loaf Book.

31 The Central Mining District records are in Boulder County, Gold Lake

Mining Dist., Book of Laws.

22 Id., Ward Dist., Book A.

33 Gilpin County, Silver Lake Dist., Lode Book.

24 Id., Wisconsin Dist., Records. Erick Gulch was also known as Middle

Gulch or Twelve Mile Diggings.

35 Boulder County, Snowy Range Dist., Laws of June 7, 1861.

36 Id., Ward Dist., Book A.

37 Clear Creek County, Spanish Bar Dist., Revised Laws.

38 Id., Upper Union Dist., Laws, 1861.

was the usual method used by the miners in the settlement of difficulties. An examination of the records discloses the fact that in this, as in other particulars, the laws of the districts show many variations. In Wisconsin District the law of February 13, 1860, provided that in cases of dispute between miners the president was to act as judge. Either party to a suit could have the privilege of a jury of three or six, and appeals could be carried to the miners. The law of July 12, 1860, declared that the miners were the highest tribunal and from their decision there was no appeal. The law of December 13, 1860, provided that if the judge were absent or for any reason disqualified, or if the parties believed that a fair trial could not be had before him, or if there was more business than could be attended to, three arbitrators could hear the case, and their decision would be final. When a dispute occurred in Russell District, a meeting of the miners was called, and the chairman of the meeting appointed a jury of six who decided the dispute.1 In Pleasant Valley Number 10 District difficulties were taken up before a jury of three or six, and appeals were made "to the miners in general" 42 In Lake District disputes between joint owners were settled by three commissioners who were chosen by the disputants.48 In South Boulder District it was optional with disputing parties whether the case be tried by the president, the justice of the peace, or a jury. Appeals were made to a jury of twelve whose decision. was final. In the Bay State District disputes at first were settled by the miners or by arbitrators chosen by the disputants."

44

46

40

45

In the Snowy Range District the president was to act as judge in all claim disputes. Appeals from his decision were made to the miners, whose decision was final. In Grand Island District any party to a civil suit was entitled to a jury trial. Appeals were made to the president, vice-president, and recorder, who constituted a court of appeals whose decision was final. In the Ohio and Grass Valley districts all civil cases were tried by a jury of three or twelve and from the decision there was no appeal.48 In Shirt Tail District all

47

39 Bancroft, Works, XXV. 378, note 32.

40 Gilpin County, Wisconsin Dist., Book B. Most of the disputes occurred over the boundaries of claims.

41 Id., Russell Dist., Laws.

42 Id., Pleasant Valley Number 10 Dist., Laws of September 3, 1859.

43 Sayre Papers, Lake Dist., Laws.

44 Gilpin County, South Boulder Dist., Revised Laws.

45 Id., Bay State Dist., Book A.

46 Boulder County, Snowy Range Dist., Laws of June 7, 1861.

47 Id., Grand Island Dist., Book B.

48 Clear Creek County, Ohio Dist., Book B; Grass Valley Dist., Book A.

disputes regarding claims were settled by the miners on the lode where the disputed claim was situated."

The miners did not intend to allow technicalities or tricks of lawyers to defeat justice, and several of the districts passed laws aimed at the legal profession. The Ward District law of April 4, 1861, stated that substantial justice should be the rule of practice in all cases and that no technicalities would be allowed to defeat the ends of justice.50 The Sugar Loaf District law of March 4, 1861, provided that no practising lawyer or other person who had been admitted to practise law in any state or territory would be allowed to appear in a pending cause as attorney unless he himself were a party to the suit, in which case the opposing party would be allowed to employ counsel. The Hawk Eye and Independent districts had similar provisions.52 In the Banner District the law stated that no "lawyer or pettifogger" should be allowed to plead in any court in the district,53 and a Trail Creek District resolution provided that no lawyer, attorney, "counselor, or pettifogger" be allowed to plead in any case before any judge or jury in the district.54 Lower Union District went a step further and provided that if a lawyer practised in any court in the district he should be punished by not less than twenty nor more than fifty lashes, and be banished from the district.55

The criminal laws do not show as great variation as other portions of the codes. The usual method of trying a case was by a jury of twelve, but occasional departures from this method may be found. For the crime of murder the guilty party was usually punished by hanging. Upon being found guilty of grand larceny or perjury the criminal was usually punished by whipping and by banishment from the district, the principal variations being in regard to the number of lashes to be applied. In some districts the punishment of all crimes was left to a jury. Occasionally vigilance committees were appointed by the district presidents to examine into and report on criminal violations of the law. Such committees usually held office for three months, or until displaced by the president.56

49 Clear Creek County, Shirt Tail Dist., Book 1.

50 Boulder County, Ward Dist., Book A.

51 Id., Sugar Loaf Dist., Sugar Loaf Book.

52 Gilpin County, Hawk Eye Dist., Hawk Eye Law; Independent Dist., Laws revised and adopted February 5, 1861.

53 Clear Creek County, Banner Dist., Laws.

54 Id., Trail Creek Dist., Law Book.

55 Id., Lower Union Dist., Book A.

56 Boulder County, Sugar Loaf Dist., Sugar Loaf Book; Gilpin County, Independent Dist., Laws.

Those who have founded their impressions of life in the mining camps on the stories of Bret Harte, or the modern Wild West tale, or the motion picture, will be somewhat surprised to find that many of the districts passed laws to keep out saloons, gambling dens, and houses of prostitution. The Sugar Loaf District law of May 4, 1861, provided that any gambling place or house of ill fame should be considered as a public nuisance and prosecuted as such.57 The Gold Hill District had a law against the sale of liquor, and though several attempts were made to annul it, the law remained on the statute book.58 The Climax miners passed a law forbidding saloons and gambling houses in the district.59 The Lincoln District law provided that any person selling spirituous liquors, except for medicinal or manufacturing purposes, was to be fined not over fifty dollars for the first offense, twenty-five for a second, and be banished for a third offense. In Banner District a keeper of a house of prostitution, or of a liquor or gambling establishment, was to be prosecuted for committing a nuisance, and if found guilty was to be fined not to exceed one hundred dollars, the fine to be determined by a jury of six men, and the nuisance was to be removed within twenty-four hours.1 In Jackson District the law of March 9, 1861, provided that no post house or tent where spirituous liquors were sold should be allowed to stand. A first offense was punishable by a fine of twenty dollars, a second offense by a fine of forty dollars, and a third by a fine of eighty dollars and such other punishment as a jury might decide.62

60

It is obviously impossible in a short paper to give a complete digest of the numerous codes, or to point out their multitudinous variations, or to discuss the influence of the miners' laws upon the mining law of the state; but the writer hopes that he has given some idea of the nature of the laws of the mining districts, and that he has broken down some of the erroneous impressions created by earlier writers. Those who desire to make a more complete analysis of the codes will soon have an opportunity, for preparations are now under way to publish the texts in the Historical Collections of the University of Colorado.

THOMAS MAITLAND MARSHALL.

57 Boulder County, Sugar Loaf Dist.. Sugar Loaf Book.

58 Id., Gold Hill Dist., Laws.

59 Gilpin County, Climax Dist., Laws, in Wisconsin Dist., Book C.

60 Clear Creek County, Lincoln Dist., Laws.

61 Id., Banner Dist., Laws.

62 Randall MSS., York Dist., Laws.

NOTES AND SUGGESTIONS

THE AMERICAN COUNCIL OF LEARNED SOCIETIES

WHEN the International Association of Academies held its first session, at Paris in 1900, nearly every country in Europe either had one or more general academies, embracing in their care the whole circle of the sciences, though usually divided into "philosophicalhistorical" and "mathematical-physical" sections, or else had separate academies for these two broad fields of investigation and study. In Great Britain, however, while all the physical sciences were amply represented by the Royal Society, there was no single body having a similar position in respect to what are commonly called the humanistic studies. Yet it was strongly desired that British interest in those studies should equally have its representation in the membership and work of the International Association of Academies, and out of this exigency arose the movement which led to the incorporation, in 1902, of the British Academy for the Promotion of Historical, Philosophical and Philological Studies. Since then, the British Academy, as it is commonly called, a body of eminent scholars, limited to one hundred in number, has endeavored to care for the general interests of such studies in Great Britain, after much the same manner as that in which the Royal Society cares for the interests of the physical sciences, though as yet with resources far less than those which two hundred and fifty-eight years of existence have brought to the Royal Society. In common language, the one represents science the other learning, and the British representation in the International Association of Academies was thereafter made up by action of both bodies.

The International Association of Academies did various useful things, of a sort which, either from their nature or their magnitude, called for co-operation of scientists and scholars of various countries. A typical illustration of its undertakings in the humanistic field would be the Encyclopaedia of Islam, edited by an international committee, and contributed to by Arabists of all countries, and of which the first volume was published in parts from 1908 to 1913. While the war broke up this international academic association, nothing can destroy the need or desire for international co-operation in intellectual fields, and before the war was ended measures for