The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1909-08-29

judge OF the Supreme Court OF Idaho in
1881 He was assigned 10 the four north
ern counties, and took up his residence at
Lewiston. In this service he had some
interesting experiences. He FIRST held
court al Pierce City, the old seat Of Sho-
shone County. This was changed to
Eagle, and the Judge was taken up the
river In canoe TO hold the first session
In the new court.
The discovery Of the mines In Northern
Idaho shifted the scene, and Judge Buck
established court at Murray. where Unit
ed States Senator Hepburn. w II. Clag-
gett, Fred Ganahl, Patrick Henry Wins
ton, Frank Allen, Mai Wood, Judge
Mayhem, and others were engaged in the
practice Of law. These were the days
when the court room was often filled with
miners. and when Teddy" Guthrie. for
mer prize fighter and sheriff. stood by the
judge and maintained order with drawn
revOlvers.
Famous Donkey Decision.
During that period Judge Buck rendered
his famous decision in the donkey" case.
Cooper and Peck. who owned the burro.
which Kellogg and O'Rourke found while
kicking up pay dirt" instituted suit for
a share OF the find" The case was tried
before Judge Buck and jury. The lat
ter had decided against the plaintiffs,
when the court reversed the finding and
handed down this opinion. which Is part
Of the judicial records Of Idaho:
From the evidence Of the witnesses.
this court Is Of the opinion that the
Bunker Hill mine was discovered by the
jackass. Phil ORourke, and y. s. KEEL
iogg; and as the jackass is the property
OF the plaintiffs. Cooper and Peck, they
are entitled 10 a half interest in the Bun
ker Hin ana quarter interest in the
Sullivan claims"
The case was appealed TO the Supreme
Court but compromised before IL came
20 trial Cooper and Peck receiving $4,000
for their share and many thousands OF
dollars were distributed among other
principals. lawyers and middlemen.
HnrdShiDs of Court.
Presiding over court IN the northern
counties. he met with many difficulties.
When he sentenced a criminal 20 the
State prison. the sheriff was obliged 10
take the prisoner out OF Idaho into Wash
ington. thence into Oregon, and back to
Idaho 10 reach the State capital, and on
several occasions the officers were delayed
by writs OF habeas corpus, issued by a
judge at Portland, who demanded TO
know why the sheriff was taking prison
ers through territory not In his jurisdlc-
ton.
This and other causes combined 10 Gre
ate a sentiment in favor OF annexing the
northern counties OF Idaho 10 Washing
ton. On this issue Judge Buck was nom
mated on an independent ticket for Con-
gress against Fred Dubois, Republican
and J. r. Hawley. Democrat He was
given the unanimous vote OF several pre-
cincts, but was defeated by Dubois.
When President Cleveland was elected
Judge Buck had just been appointed
judge for four years, and when some Of
Mr.. Cleveland's friends asked for the ap-
pointment. he replied: There is no
vacancy"
Shortly after he moved 10 PalOuse
Wash. and edited the News. Of that city.
and later established law Office in Spo-
kane He was elected judge OF the Su-
perior Court Of Spokane County I'm 1892
serving four years His last public ser
vice was last winter, when ne was a
member OF the legislature az Olympia
He is survived by his wife and three
grown-up sons, W. Storey Buck. 81 Lew
iston. Idaho; y. r. Buck OF Sunnyside
Wash, and F. ]. Buck. OF Spokane.