The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-19


territory vested the judicial power in O
supreme court consisting OF a chief jus
tice and two associate justices, district
courts, probate courts, and in justice
Of the peace. 1T divided the territory
into three judicial districts, the jus
Ices OF the supreme court to preside
N the district courts at times to be
arranged for. These district courts
we're of general jurisdiction and. be-
sides. they had the same jurisdiction in
all cases arising under the constitution
and laws of the United States as is
vested in the circuit and district courts
of the United States-thus the Mon
tana courts had unusual functions.
Appeals went from the district courts
To the supreme court of the territory
and thence to the supreme court of the
United States in all cases inyolving.
$4,000. This arrangement made the ma
chinery Of the courts rather cumber-
some, as they were required to exer-
else the functions Of federal courts, with
a complete set OF federal officers, fed
eral jurfes and the like. and, as we'll
the functions Of territorial district
courts with separate officers and under
the forms of territorial procedure.
Doubtless the presence of strangers
in the territory for the administration
Of the government, as well as for the
judiciary, was Montana's disadvantage
1t placed In power in tine executive de-
partment men whose warmest interest
ana highest ambition was not neces-
sarily for the upbuilding of Montana:
1t had the effect of giving a smaller
measure of harmony than was desir-
able To the building up of the judiciary
OF the future state. The presence of
these outsiders was distasteful To a
large body of territorial eitlzenshlp.
However, as rule, good men were
commissioned for service in Montana
and the bench enjoyed a distinct adj
vantage In the fact that one of the ter
rltorial justices held office for more
than sixteen years, one for eleven and
one for nearly nine years
The three justices already named were
present at the first term of the SUI
preme court. which was held at Vir-
ginia City, then the seat of govern
ment. in May 1865. Lawyers came to
Montana hoping to find a good field
here. The list of attorneys in 1864 in
Guided William Chumasero, James c.
Spratt. II. b. PARROT. Cornelius Hedges,
sidney Edgerton, Elanson c. Moore.
Henry N. Blake. Green Clay Smith and
John G. Robinson. In his sketch of the
Montana bench Judge Wade remarks
that the dearth Of statutes in the first
judicial period, the lack of court houses
and OF places for keeping records, the
widely scattered population and the
distances for judges, litigants, lawyers.
Jurors and witnesses to travel to the
county seats or To the capital made
the courts expensive and surrounded the
administration Of justice with great
difficulties and delays. Perhaps the
justices of the first period, as most of
the people at that time did. thought
that the occupation of Montana by
white people would continue only while
the placers were being worked out and
that records and decisions were hardly
worth preserving in country SO soon
to become again an uninhabited wilder
ness"
This suspicion evidently was shared
by the members of the bench Their
terms expired i'm 1865 and forthwith
they all cleared out. Chief Justice Hos
mer removed to California He en-
gagged iii literary work and died there
in 1882. Williston and Munsnn returned
TO their eastern homes. The next batch
OF federal appointments brought to
Montana Henry l.. Warren OF Illinois
as chief justice, Hiram Knowles. APP
pointed from Iowa as one associate, and
George 9. Symes Of Kentucky as the
other The territory gained by the
change. The business of the court was
brought into order. Knowles and War
rem were lawyers of experience; they
commanded the respect and confidence
u the people of the territory. Judge
had spent some time in Ne
Vada, in practice there; his appoint
nent dated from July, 1883. During
TINS period many matters Of Importance
We're passed ON by the courts. These
Judges, under authority Of the legisla-
ture of 1862 codified the statutes of the
territory. The bar strengthened: the
year 1870 found ". T. Cullen, w. W.
Dixon, w ~. Claggett. J. X. Toole,
Thomas l.. Napton and others. among
the attorneys I'm Montana
In 1871 Chief Justice Warren and AS
saeiate Justice Symes resigned. These
Two also left the state. although War
rem practieed for a time at Virginia
city and Symes at Helena Warren
afterward achieved success in New
MeNtcos Symes went TO Denver
fortune, served in congress.
and died at Denver in 1898 Upon War
Een's resignation President Grant APP
pointed Decius $. Wade To the chief
insttceship. His long and honorable
record IN the Office is n matter of Mon
tana history with which the Montana
public is pleasantly acquainted. Judge
Wade was not without experience when
he came 10 Montana. he had also seen
service in the Ohio senate lie was first
appointed TO the Montana chief jus
uceship by President Grant. in March.
1871. He was again appointed by Grant
m 1910, by Hayes in 1879. and by Ar
thur i'm 1888
Judge Wade evidently had his own
hrSt experience in mind when. in his
sketch If the Montana judiciary, ke
wrote; To these newly appointed ius-
tees rs NJ that time t. all the East.
Montana was on the maps as uncx-
plored, situated on the western border
Of that mythical land. the Great Amer
lean Desert inhabited by Indians. a
Few teniuresome gold hunters and stage
robbers. To one bora and reared
among the farms, TIN trees. the birds
the flowers. the sunshine and the YER
aure of Ohio or Tennessee. where there
we've people homes. school houses.
churches, roads and fences. a ride on a
stage coach from Ceriune. situated on
The Genital Pacific railroad, iH the ter
sliofN or tab. Hcrthefly. over sas,
brush. trpeicss- ilrdlEsr. lainjess plains
now an9Nn r. be- excellent fer eTaia
fruit ard BILE. when irrigated
8 ithlut halitatlnu OF the sound 1T Il
human voice, except hose af the jol.zi
and dusty passengers. and that OF the