The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-08-23

A Wyoming Peace Justice Arrests Con-
gresham and Gets Badly Left.

CINNABAR, NJ r., Aug. 22,-Last Monday
Judge Payson, a member of Congress from
Illinois. accompanied by his wife and son and
two lady friends, camped out for the night in
the vicinity of the lower Geyser of Fire hole
basin, in the Yellowstone National Park. In the
morning one Of the assistant superintendents Of
the park, who is also acting in the capacity of
constable for that vicinity, exercising his
authority under the laws of Wyoming, visited
the place where the Judges family was camped
and in kicking over the embers discovered one
on which was little fire smoldering. He i'm
mediately reported his discovery to party who
claims to be a justice of the peace,
of Wyoming Territory for that neigh
borhood by the name of Hall, whose
previous occupation, before assuming the
judicial robe, was that of a wood chopper. Hall
Immediately issued warrant for the arrest of
Judge Payson The testimony showed that
Judge Payson had ordered the fire carefully eX-
tinguished, and that water had been poured
upon the brands and then earth heaped upon
them In addition, the camp was on bare ground,
away from grass combustible substances.
The National Park. Judge Payson claimed, was
no part of Wyoming or any other Territory, but
was strictly under national jurisdiction. Hall
said that he would assume that he had iurisdic
ton and authority and Judge PaysOn should
pay fine of $50 for the ember that was found,
and $l2 so costs. The Judge refused to pay
cent denouncing the decision of the justice
ridiculous. Judge Payson insisted upon appeal
ing to the United States District Court Justice
Hall at once required the bondsmen to qualify
to property exceeding $50 000 which, however,
was promptly done. Subsequently the mags-
trate sent for Judge Pavson, and said he wanted
to have talk with him in private. Upon exam
nation Hail said that he would make the costs
81, and then he added that, considering Judge
Payson a friend to the park, he would
accept $40 for the fine in lieu of the $50 and
reduce the costs from $l2 50 to 81 Judge Payson
said:
"Oh, no. Mr. Hall; l will pay no fine. I want
a transcript of the proceedings, including
copy of the evidence, and | propose to send one
opinion as to whether or not
you have any jurisdiction in such things as you
claim to be a magistrate under the laws of Wy
oming, when this park is no part of the Terri
tory of Wyoming, and the other copy / propose
to carry up to the District Court, before federal
judge"
The justice then said: "Judge Payson not
wanting to have any fuss about this. or have
yourself put to the trouble of speaking to the
Secretary of the Interior, you pay me for the
fine and whatever you consider right for the
costs"
Judge Payson replied: "Not one cent for a
nne but l am willing to pay for the trouble that
the alleged constable has been put to, and then,
having received a copy of the testimony in the
case, he departed for home. The pratice has
been for the constable, acting an informer, to
receive one half the fine in addition to the costs
that made. This is the first time it has been
successfully contested