Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1942-03-21
JUDGE HOSMER'S
GREATEST LIKING
WAS LITERATURE
FIRST CHIEF JUS
TICE PREFERRED WRITING
TO LAW PRACTICE

The early officials Of Montana wer'
men of ability. Most Of them wer'
lawyers who had won deserved recog'
milton at the bar Many. in fact, were
intellectuals.
Some attained distinction as orators
one, Thomas Francis Meagher, as az
Irish patriot; others for their lega
ability
Judge Hezekiah Hosmer was widely
known as the author Of a novel Of
the day, which probably would have
been listed, had such term then been
known, as a best seller" north OF the
Mason and Dixon line. The title OF the
story was The Octaroon," and, deal
ing as 1t did with the race problem
could not expect other than sectional
popularity at or before the time OF
the Civil war, when it appeared.
Although he was an excellent lawyer,
Judge Hosmer's preference would have
been for literary work, rather than
the law as a vocation, and after he
left the bench he devoted considerable
time to writing
Admirer Of Lincoln
Hosmer, first chief justice Of the
territory Of Montana, was an appointee,
and a strong admirer Of Abraham
Lincoln, and an earnest advocate OF
the platform on which Lincoln was
elected president. The majority OF
Montana citizens at that time, were
INSTRUMENTATION, which fact did not
contribute to win popularity for the
man of Hosmer's political affiliations.
When the first legislature Of the
territory adjourned without making
provisions for a second session, as re-
uuired by the organic act, 1t paved
the way for trouble. Acting Governor
Meagher, although appointed terri
torial secretary by a president elected
to office by the republican party, had
changed his political coat and donned
that of the democrats, which was the
faction in power at that period OF
Montana's history.
He called for a second session of the
legislature which passed laws the two
judges, Hosmer and Munson, refused
to recognize as operative, the session
being illegal. This naturally caused
much hard feeling on the part OF the
opposition, including Meagher. A third
session being called, and, meeting with
the same lack of recognition by these
Judges of the supreme court, did not
tend to render less bitter the sentiment
against them, although their decision
in the matter was upheld by congress.
Notwithstanding it was not possible
to call legitimate session Of the leg1s-
lature, that body, being almost en-
tirely composed Of the opposition, pro-
ceeded to make it as interesting for
the Judges as it lay in their power to
do. One Of these methods was to as
sign the two offenders to the then
and uninhabited (save by
Indians) counties for judicial districts"
This petty spite was carried into pri-
vate life by many parties holding OPP
posite political views. The county COM
n1issioners of Madison county demo
cratic) refused to make provisions for
holding court or furnishing stationery
for a long time and what was obtained
vas on the courts order.
The third legislative session, being
Of q like composition proceeded TO
make effective the abortive efforts OF
he preceding one, but also being u
egal, failed in its purpose, which for
hat reason created greater antago-
lism between the two factions.
Then came into power bona fide
legislature, likewise strongly demo-
ratio. While It was In session the case
If Godbe VS.. Mccormick was before
he court, and an application for a
.hange of venue had been overruled.
Here was the opportunity for which
he legislature longed, and it was
promptly acted upon. While the court
vas in recess the legislature passed an
.ct providing in effect that If an
.ffidavit of bias or prejudice of the
Judge was made it was the duty OF
he Judge to transfer the case to an
ther county, giving him no discretion
whether the allegations were true or
alse.
The Judge met this new attack by
he claim that his ruling was made
efore the act was operative. He also
eclined the demand of the legislature
hat he resign, and made so clear his
osition that those who understood the
aw approved Of his action. He contin-
ed in office until the close Of his
ERIN, in July, 1868.
Judge HoSmer remained in Montana
ntil 1872, when he removed to San
Francisco, where he died in 1893. From
869 until he left Montana, he was !
at Virginia City. In San
francisco he held positions in the GUS
pms house, and in the state mining
ureau, and at the same time gave
is attention to literary work. He had
cen a journalist as wen as novelist
nd once was editor and part pro-
rietor of the Toledo Blade.
After leaving Montana for Califor-
Ia, his biographer states, in volume
II, contributions to the Historical
ociety of Montana" Judge Hosmer ,
reduced I'm 1887 a work entitled /
sacon and Shakespeare in the Son.
ets,' In which he claimed the Sonnets
as a cipher poem written by Bacon
zplaining himself to be the author
Shakespeare's plays"