The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-09-02
IN THE PARK.
A Queer Proceeding by q Wyoming JUS
tfce of the Peace.

CINNABAR, August 29.-On the 18th inst.
Judge Payson, 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 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 as such
under the laws of Wyoming, visited the
place where the judges family had camped.
and in kicking over the embers discovered
one on which was a little fire smolderinp.
HE Immediately reported his discovery to
a party who claimed to be a Justice of the
peace OF Wyoming territory for that
ne%ighborhood by the name OF Hall, whose
previous occupation before assuming the
judicial robes was that of a wood chopper.
Hall Immediately issued a warrant for
THE ARREST OF JUDGE PAYsoN.
The testimony showed that Judge Payson
had ordered the fire carefully extinguished-
and that water had then been poured upon
the brands, and the earth heaped upon
them. In addition nhe camp was on bare
ground, away from grass or combustible
substance. The NationalP Park, Judge Pay
son claimed, was no part of Wyoming or
any other Territory, but was under strictly
national jurisdiction. Hall said he would
assume that he had Jurisdiction and
authority and Judge Payson should paw a
line OF $50 Tor the ember that was found
and $3.50 costs. The Judge refused to
pay a cent. d%enouncing the decision of the
justice as an outrageous and ridiculous one.
Judge Payson insisted upon appealing to
the United States District Court. Justice
Hall at once required the bondsman to
q1ai,ly 10 property exceeding $4,000,
which, however, was promptly done. Sub
sequently the magistrate sent for Judge
Payson and said he wanted to have
ATALK WITH HIM IN PRIVATE.
Upon examination Hall said that he would
make the costs 81, and then he added that
considering Judge Payson was a friend to
the party he would accept $40 for the fine
in lieu OF the $50, and reduce the costs
from $3.50 to 81. Judge Pavson said:
"Oh, no, Mr.. Hall, l will pay no fine.
want a transcript OF the proceedings, in
ciudlnga copy OF the evidence, and / pro-
pose to send one copy OF it to Attorney
General Garland for his opinion as to
whether or O you have any Jurisdiction
such things, as you claim to be a mag
lstrate under the laws OF Wyoming when
This park is no part OF the Territory of |
wyoming; and the other copy l propose to |
carry up to the District Court before the |
Federal Judge" The Justice then said.
Judge Payson,
N CARING TO HAy ANY FUSS
ABOUT this, or nave yourself put TO the
;rouble OF speaking to the Secretary of the
interior, you pay me 81 for the fine and
Whatever you consider right for the COSTS"
Judge Payson replied: Not one cent for a
inc, but l am willing TO pay for the trouble
nat the alleged constable had been put to-"
then, having received "a copy of the tes-
1mony in the case, he departed for home.
The practice has been for the constable
citing as an informer to receive half the
ne in addition to the costs that are made.
his is the first time it has been success
lilly contested.