The Globe-republican. [volume] (Dodge City, Kan.) 1889-1910, 1895-12-12
SCRAPS OF EARLY HISTORY.
By THE KDIroR.

I0eTe were 6Om0 unique CnoA "~
in the early days who conducted the
public Offices, but who probably dis
charged their duties with no less in
tegrity and ability than some officials
of to-day, in some parts OF the coun-
try, not confined to the border.
Some twenty years ago it was q
proverbial saying among lawyers to
refer to an extraordinary proceeding
in litigation as necessary for judicial
determination, for authority from the
Kansas Reports and Mcintosh on
fees" Mcintosh was police judge in
1876, and also a justice of the peace.
Now there was nothing peculiar about
this fact, except when the justice had
a benevolent disposition and exhibi-
ton of mercy he would remit the fine
but not the extravagant fees that were
always taxed in each case without re
gard to statutory forms Perhaps
Mcintosh had more cupidity than ig-
norance, and knew no law, which is
probable. A sale of hides had been
made under an execution from McIn
tosh's court; and in the return by the
constable the charges by this officer
was 81 rs, and the justice made claim
for fees of SOL 0O, which absorbed
the proceeds of the sale. This was
judicial robbery not authorized by
the statutes nor sanctioned by the
plaintiff who sought to recover the
amount due him. A righteous indig
nation was the natural result; and for
this unjust oppression in Office" and
under pain of being forced to leave
the country, or cough up" his extor-
ton. Mcintosh chose both.
The Impeachment for ''extortlon
in Office" against the peace and dig
mtg of the State of Kansas and of
the rights and just claims of the par
ty who expected to realize on the sale
of the hides, was begun in McIntosh's
court. It was perhaps in the nature
of "mandamus, without recourse
or appeal to higher authority. TWAS
a sort of lex talionis; and on the one
part was Attorney Ed Colborn, who
shed brilliancy and rhetoric before
the bar in the early days; and Bill
Morphy, lawyer with more gall than
legal ability, though generally termed
smart. After the two lawyers had
all the authorities except
"McIntosh on fees" the case was left
for this most unrighteous judge to
adiudicate. He rendered his opinion
or s'handed it down" as they say
in the Supreme Court the syllabi
as follows: "You will find the $51
in an envelope in Judge Fingers
safe, marked Mcintosh on fees;' and
it is the opinion of this court that the
money belongs to the client
of Mr.. Colborn, and this court valves
Ill further right, title aud interest in
the same"
From McIntosh's court room to
FINGERS store was but a short dis
;ance; and Colborn being of nimble
DOT as we'll as nimble mind, reached
here first. He had made the change
rom the safe to his pocket of the on
'elope. when Morphy entered, who
vas as breathless as broken winded
lorse.
Mcintosh folded his Judicial ermine
With its faint and dust; and wrapping |
himself in his cloak of indignation
nd disgrace; he fed; like the Arab |
Tho folded his tent and silently stole
way.
sss
Perhaps some people were regarded
[ueer because they we're naturally so,
r they took advantage Of circum-
tances, or surroundings made them
o. At any rate, in the migration of
he multitude the peculiar characters
Irifted with the tide. There was .
cry unprepossessing disciple of the
aw who wandered to Dodge in the
arly sos, who had some natural abil-
y and smack of legal learning.
Ie was wanting in dignity, because
ature never endowed him with any.