St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-01-14

Of the route to connect with Mime
sofa river steamers, the Kittson line
afterwards the Merchants Transporta-
ton company, the completion of the
telegraph line to Winnipeg, the build
ing OF the Northern Pacific to Moor
head, and finally the joining together
at the international boundary of the
st. Paul Pacific and Canadian Pa
cine lines. Meantime the wheat-grow-
ing value OF the territory was being
revealed. and conflict came up be-
tween the Minnesotans and the Hud-
son Bay company, the latter wanting
me northern territory kept for its own
purposes, while Minnesota's interests.
OF course, lay in throwing it open to
settlement. In the onward march of
empire the conflict was removed. and
the Red river valley assumed the place
IN the world which it holds today. and
from which, the captain optimistically
suggested, it might make advances
quite as remarkable as those of its
past.
The next paper was by Henry l..
Moss, and was an interesting remin-
lscence OF the transition days of the
territory known as Minnesota He
Iold or the movement for cutting it off
from Wisconsin territory and the many
projected boundary lines, one so far
east as the island at the mouth of the
1renpelau river, from which it ran due
nCrtn to Lake Superior He also told
of the selection of the name. and the
frst court held in Saltwater, when
Juoge Dunn held his sessions in an In
dlan cabin near the site of the present
state penitentiary. 1t was the first
visit OF the circuit judge to this region
and he was not favorably impressed
win the environment of the judiciary
department in this vicinity. Morton
5. Wilkinson, afterwards prominent in
national affairs, was appointed one of
the prosecuting attorneys in the first
case ever held in this states limits. the
prisoner being an Indian. Mr.. Moss
and Mr.. Wilkinson were both involved
in the first murder trial in the state
also, that being the trial of a boy in
st. Paul for shooting another boy, at
Ihlrd and Franklin streets. The boy
had fired the shotgun across the street
and one bird shot had entered the
other boys eye and pierced his brain,
causing death. The court decided that
there was no malicious intent, but that
the firing Of the gun was an unlawful
act and 1t was punished by seniing the
boy to the guard house at Fort Smelling
Tor ninety days, the first two and the
last two days of his confinement being
upon bread and water diet. Perhaps
the most interesting of Mr.. Moss rem
lniScenceS We're those of the convention
at which was made the
SACRED COMPACT"
so frequently referred to during the re-
cent capitol agitation. The only rea-
son, he said. why the location of the
capital was not mentioned in the or
ganic act as the university and state
prison were was that the federal gov
eminent made no provision for appro-
priations for them. But there was
then an agreement as to the location
of the three institutions more binding
and mere sacred in the eyes of it's max
ers than if it had been under bond and
seal. If the men who made that agree
ment could have been present durin g
the last session of the legislature and
heard the arguments for it's removal,
they would have stood aghast at this
faithless and reprobate generation, de-
spoilers of the sacred heritage of their
ancestors.
Mr.. Moss also told of the first con-
gressional canvass between Gen. Sib-
ley, or Gen. Sibley's friends. and Henry
M. Rice, and of the strange ideas con-
corning this region which Gen. Sibley
had to confront when he went to Wash
irgton.
1t was nearly clock when Mr.. Moss
finished, and accordingly the paper pre-
pared by Judge Flandrau was post
y
courts of Minnesota during and prior to
the territorial days. He said:
Gen. Sibley was the states first judicial
officer, he having been made justice of the
peace by Gov. Chambers, of Iowa, in 1885
or 1885, with a Jurisdiction extending from
twenty miles south of Prairie du Chen to the
British boundary ON the north. White river
on the west and the Mississippi on the east.
Prairie du Chen. Boundary lines were very
dimly indicated in those days, and tradition
asserts that the writs of Sibleys court often
extended into Wisconsin and other 1urisdc-
tions. One case is recalled which will serve
as an illustration: A man named Phalen was
charged with having murdered a sergeant of
the United States army named Hays in Wis
consin. He was arrested under a warrant
from Justice Sibley's court, examined and
committed to Prairie du Chen and no ques-
lions asked.
Phalen lake, from which our water supply
is partially derived is named after the pris-
oner.
Judge Irwin, one of the territorial judges
of Wisconsin, tried to hold court in 1912 in
st. Croix county, but could not find his clerk
and went back in disgust.
The admission of Wisconsin into the Union
left Morton S. Wilkinson and Henry L. Moss
in Saltwater, the former having located there
in 1847, and the latter in 1S4S Mr.. Wilkin-
son afterwards became distinguished in his
profession as a lawyer, and also in political
life representing the state in the house Of
representatives and senate Of the United
States.
Mr. Moss was appointed United States dis
trict attorney when the Territory of Mime
sofa was organized; practiced law for some
years, but has been engaged IN other puSl-
ness for long time past. He is the only
survivor of the lawyers dating back of the
organization of our territory.
The first Judges OF Minnesota ter naog
Cooper and Bradley R. Meeker, associate JUS
tees; and the first court was presided over
by Chief Justice Goodrich, assisted by Judge
The only criminal case tried at its first
term was that of William d. Phillips. him
self prominent lawyer, for assault with in
tent to main. He drew pistol on d mdH'
and was fined s25.
Many of the first lawyers of the territory
were admitted to the bar at this term. among
whom were Morton s. Wilkinson, Henry L.
Moss, Edmund Rice. Lorenzo A. Babcock,
Alexander Wilkin and Bushrod W. Lott.
Edmund Rice was one of the pioneers OF our
railroad system. Mr.. Babcock was attorney
general of the territory from 1880 to 1853
Alexander Wilkin commanded our Ninth reg
iment in the Civil war and was killed at the
battle of Tupelo and BushrOd w. Lott was
tbe first president of the village of st. Paul,
and afterwards United States consul at Ieou-
antepec, Mexico. 49,.
Murray and Gen. George L. Becker, Henry F.
Nasterson and Orlando Simons.
In 1850 came William Hollinshead. VINO was
at the head Of the bar for several years:
the territorial judges Of the supreme court ana
Judge of the United States district court on
the admission into the Union, which position
he still holds is the Oldest judge OF the United
States today. By date Of commission. Lafay-
cite Emmett was the first chief Justice OF the
state who now resides in New mexico; VIII
lam Welsh was chief justice OF the supreme
court for the territory; jacob j. Noah was
first clerk of the supreme court OF the state
C. S. Todd of Kentucky, and William G.
LeDuc arrived in 1850. The former remained
but a short time. Gen. LeDuc became COM
missioner of agriculture under President
Hayes administration. He now lives in Hast