The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1884-12-18
HOW 4 JUDGE GOT HIS TITLE

bennett \Cheyenne agency, Is one OF
the best and most entertaining authori-
ties on the affairs, character, history,
and traditions of the Sioux Indians to
be met with in the Northwest, and there
IS no better company for the leisure
hour. But where and how Cation came
to get that title, has been a mystery to
me, knowing, as 1 did. that he could
have hardly obtained it from the saw
age Dacotahs, among whom he has re
sided for ntimber of years.
I asked him the other day, meeting
him on the train: "Where did you get
your title from, Judge?"
''Well" he said, with a smile and a
twinkle of the eye, 'I'll tell you. I
have been q Judge for some eighteen
years, and although the period of my
holding office was of short duration, I
expect to hold my title for life.
1T was that time when I was a youth
of 20 that my father sent me out West
in company with an old friend of the
family, gentleman nearer my fathers
age than mine: visited Colorado, where
things were then in pretty wild
stats:
1.-The day we arrived at Fairplay an
election was held for the office of Reg
lister of Deeds. Capt. Coates and Col.
Jenny were the opposing candidates,
and the election had been carried on
with a good deal of feeling on both
sides.
''The returns gave Coates majority
of 200 votes out of total poll of over
1900, in county whose entire popula-
ton fell far short Of the vote in every-
body's opinion.
"Col. Jenny contested the election.
The Office was worth $4,000 year,
and worth fighting for; Each candi-
date had his attorneys, whose fees on
either side exceeded 81 900.
Every preparation had been made
for hearing the contest except the Sc
lection of referee.
A barrel of whisky and o barrel of
water were placed at the principal
street corner, with tin cup for everv-
body's free use. All carried firearms,
save my friend and myself, and to me
the scene was, to say the least, q novel
one.
'The choice of a referee was the
point over which dispute seemed i'm
minent, when Captain Coates, espylng
me in the crowd, exclaimed:
"'Yonder's tenderfoot with an hon.
est face. What do you say to having him
for the Judge OF this here business?''
He'll do for me, responded Col.
Jenny, and Judge Cation I became at
and from that hour.
witnesses were called on both sides,
and the taking of testimony began for
the contestant.
"A great, strapping 'six-footer and
six-shooter' swore that in 'Buckskin Joe
precinct, where over 200 votes were
polled, there were not that many souls
living, men, women and children.
"'Testimony of this sort soon showed
me that the election had been notorious
" unfair on both sides, and there was
no way to ascertain who had been
honestly elected.
1T had been agreed that my decision
should be final, with the sole right re-
served to the defeated party of forcible
resistance when the other should take
the Office.
my position was a ticklish one. For
tunately, however, was perfectly free
to act as I liked. My court had no
precedents to follow. Deciding,
after day of wrangling by
counsel and clients over the evidence
presented, that I would try bold
stroke for justice, I called the court to
silence and announced: Gentlemen, it
appears to this court that no fair and
legal election has been held in this
county, and I shall rule as follows
that there be new election, the bal
lots to be deposited in my keeping, in
the presence of both candidates and
their counsel
"This decision took them all by sur
prise, but proved to be acceptable at
once. 1t was arranged to have the vot-
ing done at each precinct separately,
and on separate day in few instances
where it was necessary, so as to comply
with the conditions prescribed.
"A large crowd went with Judge,
candidate and counsel from poll to poll.
and the result finally reached was
majority of twelve votes for Capt.
Coates out of total of 1926 votes, in
stead of the former poll of 2,O0O.-Chi-
cago Inter Ocean.
49,