The Washington herald., 1909-08-29

judge Of the Supreme Court OF Idaho in
1881. He was assigned 10 the four north
ern counties, snd took up his residence at
Lewiston. In this service he had some
interesting experiences. He first held
court at Pierce City. the old seat of Sho-
shore County This was changed TO
Eagle. and the Judge was taken up the
river in canoe 10 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. Maj. Wood. Judge
Mayhem, and others were engaged in the
practice of law. These We're 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
before Judge Buck and a 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.
tslis court is Of the opinion that the
Bunker Hill mine was discovered by the
jackass. Phil O'Rourke. and n. S. KEEL
iouus ava q fha foalraae fe v,rrv,aysf -
OF the plaintiffs. Cooper and Peck. they
are entitled 10 a half interest in the Bun
ker Hill and a quarter interest In the
Sullivan claims"
The case was appealed 70 the Supreme
Court but compromised before IL came
to trial, Cooper and Peck receiving So. 600
for their share and many thousands OF
dollars were distributed among other
principals. lawyers and middlemen.
Hardships of Court.
Presiding over court in the northern
counties, ne met with many difficulties
When he sentenced a criminal 10 the
State prison the sheriff was obliged TO
take the prisoner out Of Idaho into Wash
ington. thence into Oregon, and back 70
Idaho to reach the State capital, and on
several occasions the officers were delayed
by writs OF habeas corpus issued by a
judge az Portland, who demanded 70
know why the sheriff was taking prison
ers through territory not in hts jurisdic-
ton.
This and other causes combined 70 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 20 Palouse,
Wash. aid edited the News. OF that city.
and later established a law Office in Spo-
kane He was elected judge OF the Su-
perior Court OF Spokane County in 1892
serving four years His last public ser
vice was last winter, when he was a
member OF the legislature at Olympia
He is survived by his wife and three
grown-up sons. ". Storey Buck. OF Lew
iston, Idaho; y. r. Buck. OF Sunnyside,
Wash. and F. J. Buck. Of Spokane.