Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1901-06-05
BAR or NORTHERN MONTANA.
M Able Article Contributed by Hon. Edwin
Il. CheadIe.
Fails THlunc.l

passu, with the development OF this
portion OF the state on other lines.
Fort Benton, the erstwhllc head OF
navigation ON the Missouri, is the
| oldest town In northern Montana,
mud was naturally the home OF the
first lawyers who practiced thcirpro-
icssiun In what WIS then almost It
wilderness. SO far rs the writer
knows. Col. Dounclly, whose recent
tragic death is remembered and de-
plorcd 10y a multitude Of friends, WIS
lle FIRST lawyer to settle ia this reg
lion. lie maintained hi- residence in
Fort licntpn INIT tie time 90 his
death. uUl IN his prime was ouhtlrss
me best known and most widely en-
p,oy.I mrmhorulthob ariutbenurtl-
rru rulutius ui t}i4 state. The Hon.
Iolu ". TatfWp, Uuw Judge OF tie
IurWly cr. HlHl WaIj.h district, took
up Dau practice ui law in tie sumr
IpI.aa uYu than 20 quarter of a cca-
tUry gsy. vt tIw tlmc uj his coming
un Montana, Judge Tattau was IA
mpmugy oi the regular army, auj irc-
pa,Gtiy practical Ia the courts oi
! those early days h,iprybi, discharge.
The muiorui his regiment Wa- also IA
lawyer, aud tradition has it that the
Judge lIp was then scrgountl and the
major often appeared ia court as OPP
posing counsel, ami that the huuors
al civil STRIFE were more frequently
uurrirl o0 by Oh" sergeant lhou by
his superior ufircr.
1t Is impossjhl 10 make mentioned
lbc many lawyers who succeeded
these TWO veterans oi the carly bar,
Many cnMc and went, but Judgerat-
tan still resides ut Fort Benton, the
NpstOr ui the bar OF northern Mon
tauu. The historic little city OF Fort
Benton has been the home aud The
scene oi the early lahurs ofmany men
who have risen To- distinction in this
StHtc aul elsewhere. Among those
may br mentioned Judge W. II. Hunt,
no uiterwarl gracod the supreme
bench ui this state; .IudEr Horace Il.
Buck, who presided many years over
the district court ui Lewis andClarke
county, aud was later elected Ia the
supreme bench; and the Hon. James
Donovan, the present attorney gen
eral oi Montana Ia tlr" early times
the Missouri river wa, one oi the
great highways 70 Montana. and
Fort Benton, at the head ui nayiga-
tiou, naturally bccumcnm early home
al many Of the c~ntcrprisiug and tai
pntcd young men who were scekin.
their fortunes in DISQUALIFICATION
country, wh!rh has since hccomc the
sovereign state al Montana.
MANY thriving cities lavcsiucc thnt
time sprung up in thtH ildcrncss, and
Fort lIcntuu's commercial prestige
has dep rtcd from her, Int the little
, town on the Missouri will always he
remembered as tle home ui many
/. men who IHvr borne IA prominent
part in the building al bcinstitutious
7. of our state.
To the sunth the county Of Fergus
WIS erected; On the west, Cascade.
llathcad and Teton came into being.
ana finally, To the east. Valley cuuA-
IS, AZ one may learn il from The
rrcollections OF the pioneers of this
region, the early methodist admins
t|ratiun ui Justice arcsumcwhHtstart.
ling to those who know only the
more pre- Use and formal practice oi
TIA" present. In the Judith mountains
= there once presided over Eisprimitiye
court II justice of the pence, to whom.
the pioneers ui that region had TO-
roursc for the settlement ui such
claims rs were not arbyrated 10y thy
siN-slIuutrr. Ills jurisdition then, a~
now, was limited to sums not exceed.
ing 800. But, with a cheerful disrc-
gard Oi the statutes, ON one occasion
he willingly assumed jurisdiction of "A
cuse involving uvc 5000, rendered
Judgment for the plaintiff. and issued
an execution for the full amount,
which was duly satisfied by the con.
stable, who assisted His Honor IN
balancing the scules OF the blind God.
desS. The decision was accepted by
the parties litigant, aud no appeal
was over taken. Anotherjustice, who
scorncd 10 limit the scopeof his pow,
, crs by the words Of the statutes. IL.
/ sued an injunction fOrbi1ding one oI
his frilpw-cltizcns To makcsettlcment
un acertain tract ofgovcrnmcntlu land
nnd, 81 far as the writer knows, tn,
= Injunction was ~hccdfully obeyed. IL
r these instances, and In scores OF sim
r liar ones, Observation-Disclosures seems t.
have been done, although in utter
, disregard Of statute and precedent
i These primitive courts were the frs
step upward from n state Of societ,
= in which cnch man guarded his III,
and property 10y his own strong hand
without invoking the aid Of the law
THE old order %changcth. yielding
t place To the new" and while we, VIII,
are of the new order. believe that i
Is n great Improvement on the old
there are still those among III VIII,
look back with regret to ''the day
y That are no more" and can neve