Vol. \1II] 7.V MEMORIAM: THEODORE HE\RY HITTELL {[ 



When the Constitution of California was adopted in 1879, 

 Mr. Hittell became greatly interested in State politics. He 

 was elected as State Senator from San Francisco and served 

 during 1880-82. The legislature was flooded by bills of all 

 kinds evoked by the spirit of the sand-lot agitation, and by 

 the new Constitution. Because of his sane and balanced 

 character, aided by his wide legal attainments, he was a mov- 

 ing force in the Senate, and performed notable and valuable 

 service for his State. Many an ill-considered or iniquitous 

 piece of legislation went into oblivion through his shrewd 

 and sagacious opposition. He re-drafted the entire Code of 

 Civil Procedure to conform to the new Constitution, and his 

 work was adopted in preference to that presented by the reg- 

 ularly appointed commissioners. He was always a tremen- 

 dous worker, and a high authority says of him that "the 

 greater part of the statutes of 1880 was his work." 



After the close of his Senatorial career, he again devoted 

 himself to the practice of law. Even as late as 1906, he acted 

 as attorney for his old clients. 



His legal practice brought him much honor and a large 

 fortune. The last twenty years of his life were devoted 

 mainly to his writing. The astonishing vigor of his mind 

 and body lasted to the end. By systematic temperance in liv- 

 ing he possessed perfect health through his whole life. His 

 principal exercise was walking. He often came dowai town 

 from his home on Turk street above V^an Ness avenue, but 

 rarely took a street car. As late as his eighty-seventh year 

 he occasionally walked from his home to the Cliff House, a 

 distance of six and a half miles. He had no final illness. 

 Five days before his death, he took to his bed because of 

 physical weakness ; and the evening before his death, with a 

 mind as clear as ever, he told his physician that he was feel- 

 ing well. He passed away peacefully and without pain. 



"Like one who wraps the drapery of his couch 

 About him, and lies down to pleasant dreams." 



Though the practice of law was his chosen profession, the 

 writing of books was his chief love. From the amount pro- 

 duced, one might think that he lived always with a pen in his 

 hand. Of law books alone, he was a voluminous author, and 



