Omaha daily bee., 1899-08-13
STORY OF MvSTY ARCHIVES
Early Litigation as Inscribed on tn. Records
of the Territorial 0our.s,
FIRST INJUNCTION GRANTED IN 1855
Some OF the Interesting Cases that
Were Adjudicated by the Terri
torin1 Court-Lnwycrs OF
the Early Bnr. "

Among the voluminous records that fill the
big vault Just back Of the office OF the clerk
of the district court there are three or four
small volumes that are rapidly acquiring
historical interest. These contain the record
OF the first proceedings OF the district court
OF the territory OF Nebraska and although 1t
is only forty-four years since the ink was
spread on their pages the events that they
chronicle are sufficiently remote to SAVIOR OF
antiquity to the people who visit the COM
mcdious building where they are now depos-
tied.
As they rest In one of the compartments
of the vault there is nothing in the appear
ahce of these old Volumes to distinguish
them from those that have been filed away
during the last term of court. They have
recently been encased in new coverings OF
white canvas, and as 1t has been years since
most OF them have been opened their age
is in no respect apparent. But inside the
spick and span covers the pages are sere and
yellowed with the mark of nearly half a
century. The records of the various cases
are meager as compared with the complete
details that ave summarized in these days of
typewriters and nimble fingered operators,
and the old-fashioned SIS and the cramped
and quavering chirography of two genera
tions ago are In striking contrast to the neat
and regular inscriptions that fll the later
dockets. The ink, however, has held its age
remarkably well and while there are pages
that have almost disintegrated in the close
atmosphere OF the vault the writing Is thor
oughly legible.
The journals and dockets are far better
preserved than the pleadings that are filed
In another part OF the vault. Many of these
have never been preserved and in many of
the early cases nothing remains but an exc
cution, an affidavit, or some other meager
filing that fails to throw any light on the
nature of the case. '-- %"
The Oldest record in the vault Is the first
journal Of the district of the First Judi
cial district which comprehends the interval
between March IL, 1855, and October "a, 1857.
This represents the very beginning of the
dispensation of Justice under the organiza-
tion of the territory of Nebraska. In pur-
suahce Of the act creating the territory,
which was approved May 80, 1854, President
Pierce appointed Fenner Ferguson Of Michi.
gan chief Justice, James Bradley of Indiana
and Edward r. Hardin associate Justices,
Mark w. lizard of Arkansas marshal, and
Experience Estabrook district attorney, and
on March IL, in the following year, the first
judicial session was held in Omaha. The
complete record Of the initial session is
comprehended in a single inscription on the
first page of the journal as follows:
BE it remembered that at a term of the
district court in and Cor the First judicial
district OF the territory of Nebraska, begun
and held in pursuance of an executive pro-
clamation at Bellevue City. in Douglas
county. on Monday, the 18th day of March,
A. Q. 1855, present the Honorable Fenner
Ferguson, chief justice of the supreme court,
and tliipa ~ coid disfriot oo,,nl i. -
in due form of law the following proceedings
were had: tn
Ordered that by virtue of the power
vested in the honorable Judge, Silas A.
strickland is hereby appointed clerk Of said
court until the further order OF said court
The oath of office was then administered
to silas A. Strickland by the Honorable Judge
Ferguson and the official oath duly filed.
mo other business appearing, the court
adjourned to Tuesday the 18th day of April
next" '~'