The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1916-02-10
FIRST RECALL IN IDAHO
JUDGE VICTIM IN 1871
SYSTEM PRAcTIcED ON A ST.
PREME JuDGE-HAWLEY Ac-
cUSEo OF COMPLETELY.
IN +. Cunningham in Lewiston Tri-

OuIleJ.
Idaho had her only real experience
with the recall of judges in 1871, ant
} she has never hankered after repe
titiOn of that experience.
On a bright day in April of the yea
named Judge j. r. Lewis, associat
J justice of the supreme court of thu
J territory, was on the bench in Boise
Sitting with him were Chief Justic,
David Noggle and Associate Justic,
W. c. Whitson. Routine matters only
were before the court. Late in the
afternoon session a stranger entered
the court room and took a seat. HI,
was prepossessing in appearance ant
well dressed.
When court adjourned this stranger
stepped forward and introduced him
self to Judge Lewis as M. e. HOLSTER
his successor.
MY successor!" the Judge exclaim-
ed in utter amazement.
YES" was the response, and the
stranger on his part exhibited aston
ishment at the nature of his recep-
ton. "Your resignation" he said.
was accepted by the president. l was
appointed to succeed you, my appoint
ment was confirmed by the senate and
| am here prepared to assume my
duties"
Whereupon the newcomer produced
his commission properly signed by
President u. s. Grant
There is some horrible mistake
here" Judge Lewis said. Il assure
you, Mr.. HOLSTER, that / have not ten
dered my resignation; have never
had an intention of doing so, and have
no intention of surrendering my office
now"
Then there was some lively hustling
done to ascertain the exact situation
Judge Lewis was convinced by the
proof that resignation purporting to
be his had been forwarded to the de-
partment of justice, that it had been
| laid before the president and accepted,
and that Mr. HOLSTER, a lawyer of H.
linois, had been appointed and COM
missioned to fill the vacancy
The Bogus Resignation.
With all possible speed a copy of the
resignation" was forwarded from
Washington to Idaho. 1t proved to be
in the following form:
Boise City, Idaho Territory, March
5, 1871-Hon. A. T. Alderman, Attor-
ney General United States Sir:
have the honor to respectfully tender
my resignation as one of the associate
justices of the supreme court of this
territory, and hope my resignation
will be Immediately accepted and my
successor appointed, as my continued
iii health requires the former, and the
accommodation of business in the
courts the latter.
Il have the honor to remain very
respectfully your obedient servant,
~. r. LEWIS,
Associate Justice Supreme Court,
Idaho Territory"
This was promptly repudiated by
Judge Lewis and denounced by him as
a forgery, and on the strength of his
proof that the communication was
forgery he demanded reinstatement
1t must be said to the shame OF the
powers at Washington the wrong was
never righted Judge Lewis never
recovered his seat on the bench but he
did receive as a sort Of consolation
prize the following communication on
the subject from Attorney General A.
T. Alderman under date of April "a,
1871:
Attorney General Explains.
Hon. j. r. Lewis, Boise City, Idaho
Territory. Sir: explain how
you came to be superseded in Office
to Judge HOLSTER. There was no
complaint of you, and l had no reason
to suppose that you were not serving
well in your office.
"a letter was received here in due
course of mail postmarked Boise City
rendering your resignation. A copy of
this letter / understand has been sent
to you. There was no circumstance to
induce the slightest suspicion of for
gerry.
"Supposing the resignation to be
genuine, it was made known to the
president and he nominated Mr.. Hol-
lister. The forgery was not ascer-
tanned until Mr.. HOLSTER had been
commissioned, had closed up his bust
ness in Illinois and was on his way to
your territory.
Il regret that you have been thus
wronged by some unprincipled person.
Very respectfully,
"A. T. ACKERMAN,
Attorney General"
So Judge Lewis was down and out.
His position was held by Judge Hol-
lister, who later became chief justice
Of the territory. But Judge Lewis and
his friends did not permit the matter
to drop there. A vigorous movement
was at once started to ferret out those
guilty of the forgery.
HawIey Under Suspicion.
Suspicion soon centered In James H.
Hawley, then young man just admit