Shinn knew the way it was

Mountain Moments

By Dwight Barnes

(Updated: Wednesday, April 23, 2008, 6:53 PM)

Much has been said over the years about frontier justice during the heyday of gold mining along the Mother Lode. The first supervisor of the Sierra National Forest, Charles H. Shinn, was a prolific writer whose articles about early days in California were published widely.

His separate book, named simply "Mining Camps," quotes at length Richard J. Oglesby, a pioneer miner in the Mother Lode who rose to be the governor of Illinois in the latter half of the 19th century. Shinn cited this reference at length:

"There was very little law, but a large amount of good order; no churches, but a great deal of religion; no politics, but a large number of politicians; no offices, and, strange to say for my countrymen, no office seekers. Crime was rare, for punishment was certain."

Oglesby, who was Illinois' governor in the late 19th century, recalled seeing with "painful satisfaction" three men being whacked over their bare backs with 25 to 40 strokes each for stealing a neighbor's money, adding:

"The multitude of disinterested spectators had conducted the court. My recollection is that there were no attorney's fees or court charges. I think I never saw justice administered with so little loss of time or at less expense. There was no more stealing until society became more settled and regulated."

The philosophy is echoed by North Fork historian Doris Scovel, who wrote frequently about pioneer days in the Sierra and other mountains of the West. Thirty some years ago she commented about the days of 1849:

"With the rapid influx of gold seekers, there was no law except for rules set up by the majority of the camp residents as to what was right and what was wrong concerning their security as they pursued golden lady luck.

"What might have been considered to be murder in one camp could have been determined to be grounds for justifiable homicide in another camp. And, strangely, when there were no formal laws to be enforced, no courts to wrangle over whether a rule-breaker was justified for his act, no lawyers to haggle and plea bargain as the case dragged through formal trial, there was little willful crime."

Again in Shinn's "Mining Camp" book, one old-timer is quoted as declaring "We needed no law until the lawyers came," and still another early-day philosopher added, "There were few crimes until the courts with their delays and technicalities took the place of miners' law."

Shinn, who as its first supervisor left his mark on the Sierra National Forest, was a man of man interests and talents. A native of Texas, he came to California with his parents in 1856 when he was 4 and grew up on a farm and nursery in Alameda County where his father became a widely known agriculturalist. Young Shinn followed in his father's footsteps as a writer specializing in environmental and historical subjects.

Before he turned to forestry, Shinn became a well-known, well-published authority on mining in the early days, but his area of expertise was much broader. His publications included poetry about the wildness of the Mendocino Coast and the impact of New Englanders of the growth and culture of all the Golden State.

In 1902, he became the chief ranger on the Sierra Forest Reserve. When the reserve became the Sierra National Forest, he was appointed its first supervisor, serving until 1911.