River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1892-11-17
JuSIICE In IHE WEST.
A Judge Who OverruIed the United states
Supreme Court.

A Judge who OverruIed the United states
Supreme Court
Western Judges have been the butt of
many jokes and yarns, and while the
stories have made interesting reading,
they have been generally taken as the
breezy offsprings of some imaginative
mind. Such was the idea l enter
tanned previous to my introduction to
some of the honored upholders of JUS
tice. but a short acquaintance with
some of their absurd constructions of
the law has dissipated any misgivings
had in regard to the truth and veracity
of the scribes.
In 1ss6 there was a body of United
States soldiers at Fort Concho, in Tom
Green county, Tex. and as a natural
consequence a small town had sprung
up just across the river. San Angelo
was not a place of much Importance at
irst, but il soon sprang into promi-
hence as the toughest town in that
tough stase. Its inhabitants were chief
" gamblers and saloon men. with a
large cowboy floating population. all
men to whom the six-shooter was as
much of a necessitv as their food. and
the use of IL as common as that of a
knife and fork
Shooting scraps needed no court to
settle them. They settled themselves.
Horse-thieves received no mercy. But
when at last one day a petty case came
up. il was deemed necessary for the dig
nifty of the place that justice of some
sort should be appointed. and that is
how Preueser got his title. lie was a
short, stoclxy-built German, with small,
piercing gray eyes that were twinllling
with mirth or emitting sparks of anger,
IS occasion required. His word was
law, and IN one occasion when he dis
charged n poor woman who had been
arrested for stealing bacon. and against
whom the evidence was conclusive. a
bystander exclaimed:
"Why, judge. you can't do that: it's
contrary to law" the little Judge braced
mp in his chair, and, bringing his fist
down with considerable emphasis, re-
piled: BLAST the law; it's justice vat
we vantl' and the case was settled
Numerous stories might be told con-
corning his rulings in different cases.
How, after filming man for disorierly
E
gave the prisoner money enough to get
to Ell PasO. On one occasion two be-
1 ligerents were up before him for fight
ing, one with his head chopped open
with Ratchet, and the other minus an
ear and his nose held in place with
strip of plaster. He heard both sides
of the case. and, finding the quarrel
was the result of a mutual misunder-
standing, discharged both with the eau
tion that eff elder of YOU vellers cooms
up before me again, I'll gift you poth a
week in Jail" Then he made them
shake hands. and invited the principals
/ in the case and witnesses 10 drink at
his expense.
One day the settlement was startled
/ by the report that young lawyer had
come to live there, and there was great
rustling to see who would give him
the first case. Two cowboys got
up a dispute about the ownership
of saddle, and then shook dice
to see who would have the lawyer.
When the ease was called the court
room was crowded, the Judge behind
I his desk looking more solemn than
usual. and the lawyer, a young sprig
/ straight from an eastern law school,
with an uneasy look on his face
/ and pile of law books, occu-
/ pied table at one side. Their r.ere
many witnesses II examine. for every
body wanted a finger in the pie. and
when the evidence was all in the law
/ yer made quite an eloquent plea. and
clinehed his arguments by reading the
decision of the United States supreme
court in n parallel ease. As he sat
down with confident smile the de-
I PENDANT wore an air of defeat, hut the
little judge arose with an air of judicial
authority that would have stricken a
supreme court judge dumb, and caused
the utter collapse of the young lawyer
when he declared: II oferrule dat de-
cision, uud der defendant wins
1t is probably the only case on record
where the decision of the United States
supreme court has been set aside, but
such is one of the uncertainties of the
wild and woolly west-Detroit Free
Dress