USA > Idaho > History of Idaho, the gem of the mountains, Volume I > Part 58
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than any other man, was a lawyer whose memory is revered by the American people, and whose decisions are still regarded with respect and confidence as correct expositions of the law, wherever courts are held. Thomas Jefferson, Robert R. Livingston and James Monroe, who negotiated the Louisiana Pur- chase and gave to their country an empire in extent, were lawyers. John Adams, Patrick Henry, Daniel Webster, Henry Clay, Thomas H. Benton, Salmon P. Chase, Stephen A. Douglas, William H. Seward, Thomas M. Cooley and a host of other eminent Americans wrote their names permanently in their country's history through their knowledge of its laws, as well as through their loyalty to its institutions and their sympathy with right and love of justice. And Abraham Lincoln, the very incarnation of the best traits of American citizenship, self- educated and self-reliant, whose consummate tact and statesmanship saved the Union from disruption, was also a lawyer.
"To establish justice" was written into the Federal Constitution by the founders of the American Republic as one of the paramount purposes of govern- ment. These founders also showed their wisdom by establishing a government with three distinct departments-legislative, executive and judicial-the first to enact, the second to enforce, and the third to interpret the nation's laws. States have copied this system of government, so that in every state there is a legisla- ture to pass laws, a supreme and subordinate courts to interpret them, and a governor as the chief executive officer to see that they are fairly and impartially enforced.
TERRITORIAL COURTS
The judicial system established for the territory of Idaho by the organic act was the same as that provided in practically all the territories organized since the formation of the United States Government, that is, three district judges appointed by the president, the three to constitute the supreme court of the terri- tory when sitting together, and which they were required to do at least once in each year, for the purpose of hearing and deciding cases on appeal. In addition to the three judges appointed by the president, there were also probate judges and justices of the peace elected by the people under the provisions of the organic act.
On March 10, 1863, just a week after approving the act creating the territory of Idaho, President Abraham Lincoln appointed William H. Wallace, governor; William B. Daniels, secretary; Sidney Edgerton, chief justice; Alexander C. Smith and Samuel C. Parks, associate justices, and upon these men devolved the duty of inaugurating civil government in the new territory. The organic act made it the duty of the governor to divide the territory into judicial districts, assign the justices thereto and fix the times and places of holding courts. Pur- suant to these provisions, Governor Wallace issued the following
PROCLAMATION
"By the Governor of the territory of Idaho:
"Whereas, by the fifteenth section of the Act of Congress approved March 3, 1863, to provide a temporary government for the territory of Idaho, until other- wise provided by law, the governor of said territory may define the judicial districts of said territory, and assign the judges who may be appointed for said
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territory to the said districts, and also appoint the time and places for holding courts in the several counties and subdivisions of each of the said judicial dis- tricts by proclamation to be issued by him;
"Now, therefore, be it known that I, William H. Wallace, Governor of the territory of Idaho, by virtue of the authority vested in me by said act, do define the judicial districts as follows :
"For the First District, the counties of Idaho, Nez Perce and Shoshone ; for the Second District, the county of Boise; for the Third District, the county of Missoula and the country east of the Rocky Mountains. Courts to be holden in the First District for the county of Idaho at Florence on the first Monday in February, 1864; for the county of Nez Perce at Lewiston on the third Monday in February, 1864; for the county of Shoshone at Pierce City on the first day of March, 1864; in the Second District, for the county of Boise at Bannock City (now Idaho City) on the second Monday in February, 1864; in the Third District for the county of Missoula at Hell Gate on the second Monday in February, 1864; in the country east of the Rocky Mountains at Bannock City (east) on the second Monday in March, 1864.
"The Judges will be assigned as follows: To the First District, Judge A. C. Smith; to the Second District, Judge Samuel C. Parks; to the Third District, Judge Sidney Edgerton.
"Given under my hand at Lewiston, this 18th day of November, 1863. "W. H. WALLACE.
"WM. B. DANIELS, Secretary I. T."
Unfortunately for the inhabitants of the territory, most of the judges ap- pointed by the president were non-residents, lawyers of only mediocre ability or political henchmen, who received their appointments as a reward for services to the party, rather than for their legal ability. Concerning the non-resident judges who served in Idaho, little can be learned. Sidney Edgerton, the first chief justice, was appointed from Wisconsin and was a lawyer of considerable ability. His assignment to the district east of the Rocky Mountains did not bring , him in contact with the people living within the present state of Idaho, and he never presided at a single term of court in the territory. He was appointed the first governor of Montana Territory in May, 1864.
Judge Samuel C. Parks, assigned to the second district by Governor Wallace, rendered more services to Idaho than either of the other first appointees. He administered the oath of office to the members of the first territorial legislature when that body met at Lewiston on December 7, 1863, and in the absence of Judge Smith held a special term of court at Lewiston in January, 1864, for the trial of the murderers of Lloyd Magruder. This was the first term of a district court ever held in Idaho.
Tudge Alexander C. Smith acquired considerable notoriety by his decision in the capital removal case, in which he declared that the capital of the territory was still at Lewiston after the legislature had passed an act removing the seat of government to Boise, and that act had been regularly approved by Governor Lyon.
During the first twelve years of Idaho's territorial history, only two residents of the territory-Milton Kelly, of Boise County, and John Clark, of Nez Perce County-were appointed to positions on the bench. The former was commis-
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sioned in April, 1865, and the latter in January, 1875. Both these judges had resided in Idaho for some time prior to their appointment, were familiar with local conditions, and served with credit to the territory and satisfaction to the people, proving that home appointments in judicial matters brought better results than the appointment of outsiders.
FIRST TERM OF COURT
As already stated, the first term of court in the territory was the special term in January, 1864, for the trial of the Magruder murderers. The first regular term of a district court was convened at Idaho City on Tuesday, February 23, 1864, Judge Samuel C. Parks presiding. The following account of this term is taken from the Boise News of February 27, 1864:
"This county having more population at that time than the balance of the territory, and never having had a term of court held in the county, there was a large number of civil and criminal cases on the docket. The first order of the court was the issuance of a venire returnable on Thursday morning, the 25th, for thirty-six persons possessing the qualifications of jurors.
"The next matter taken up was the examination of the certificates of attor- neys. The following gentlemen having shown to the court that they had been admitted in other states and territories, after taking the oath of allegiance pre- scribed by the statutes, were enrolled as members of the bar as follows: George C. Hough, J. K. Shaffer, Edward Nugent, George I. Gilbert, H. L. Preston, John S. Gray, A. Heed, John Cummins, Daniel Mclaughlin, Frank Miller, I. N. Smith, R. B. Snelling, George Ainslie, E. D. Holbrook, C. B. Wait, V. S. Ander- son, J. S. Hascall, W. C. Rheem, W. R. Keithly, R. A. Pierce, J. J. Morland, H. W. O. Margary and Joseph Miller.
"As there was no other business before the court for that day, the judge stated that he felt it his duty to make a few remarks, and proceeded as follows:
"Gentlemen of the Bar: Before proceeding with the regular business of the term, I owe it to myself, to you and to the people of this county to make a few remarks. The position of a judge of the second judicial district was not sought by me. In saying this, I do not say that the position is not an honorable one. On the contrary, it is one of which an abler man than I am might well be proud. But it was my desire and expectation, and I believed it was yours, that the chief justice of this territory should be assigned to this district. There is in this part of the territory far more population and legal business than in either of the other two districts. There are many cases here involving character, liberty and life; there are others here on which depend large pecuniary interests. It is doubtful whether any court in so new a country ever needed more ability, in- tegrity and experience.
"This district properly belongs to Judge Edgerton, not only from his position as chief justice, but from his high moral and official character and his large experience. But circumstances rendered it inconvenient, if not impossible, for him to be here; while the pressure of business in your court, the crowded state of your jail, and the natural impatience of your people made it necessary that a court should be held at as early a day as possible. Under these circumstances, Governor Wallace assigned this district to me. I consented to the arrangement reluctantly, and with a deep sense of the responsibility it devolved upon me. To
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some, and perhaps to a considerable extent, the property, the liberty and the lives of many men depend upon my action in this court. I do not think that any judge can always decide aright; I know that I cannot. All that I promise is that to the best of my ability I will discharge the duties incumbent upon me, and by so doing strive to secure the confidence of the bar and of the people. And from my acquaintance for some months past with some of your members, and the cordial greeting you have extended to me on my arrival among you, the uniform courtesy with which you have treated me since, I feel confident I shall have your assistance in the effort to make this court a means of suppressing dis- order and wrong, and promoting good morals, harmony and peace.
"Whatever popular prejudice there may be against the profession of the law, it is a useful and noble one calculated, when properly pursued, to expand and elevate the mind and heart, and has furnished many of the loftiest intellects and purest characters that have adorned the history of our race. Associated in fraternal relations with the members of such a profession here, I cannot doubt that I shall find them in the conduct of the business of this court devoted to the real and substantial interests of their clients, and not to technicality and free form; relying for success not upon artifice and fraud, but upon professional knowledge and skill-laboring not to embarrass but to assist the court.
"Amid the difficulty and embarrassments of an untried position, of an un- familiar practice and heavy responsibility, I rely for success much upon your assistance and generosity. In some degree my reputation depends upon the result of this court ; if it shall not succeed, I am sure the fault will not be yours. Hoping that it may not fail, and that the just expectation of the community may not be disappointed, I enter upon the discharge of the duties of the office assigned me."
A LAWYER REBUKED
The salary paid by the United States to the territorial judges was $3,000 per year, payable in greenbacks, which were worth at the time less than fifty cents on the dollar. Under such circumstances it is not surprising that the judges sent to Idaho were not always lawyers of high standing. The following story has often been told before, and while its accuracy is not vouched for it aptly illustrates the character and ability of some of the non-resident judges.
At one of the early terms of court at Idaho City, the business opened with the usual call of the calendar and most of the civil causes stood upon dersurrer. The first few days were occupied by attorneys in arguing these demurrers until all were in the hands of the court, whereupon the judge, so the story goes, proceeded without explanation, comment or reasons given, to decide the legal questions involved in the various cases by overruling the demurrer in the first case, sustaining it in the second, and so on alternately to the end of the list. Such an unheard of method of disposing of cases caused great surprise to the lawyers, many of whom were better versed in the law than the judge. Edward D. Holbrook, afterward delegate in Congress for four years, attorney in many of the cases, was hit unusually hard by the rulings, and arising in his place courteously said that all the attorneys present would greatly appreciate it if the court would give his reasons for the rulings upon the demurrers, in order that they might have the benefit of such reasons in the preparation of amended
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pleadings and in the conduct of future cases. Looking intently at the inquisitive lawyer, the judge said:
"Mr. Holbrook, if you think a man can be appointed from one of the eastern states, come out here and serve as a judge in Idaho on a salary of $3,000 a year, payable in greenbacks worth forty cents on the dollar, and give reasons for everything he does, you are greatly mistaken."
There were a few judges appointed from other states, however, who were really capable men. Foremost among those was John R. McBride, who was appointed from Oregon as chief justice in 1865 and held the office for almost four years. He was an able lawyer, possessed of the "judicial mind," fair and impartial in his rulings and commanded the respect of the bar and the general public. He died. about the beginning of the present century.
TERRITORIAL JUDICIARY
Following is a list of the justices and other judiciary officers of Idaho during territorial days, with the date when each was appointed :
Chief Justices-Sidney Edgerton, March 10, 1863; Silas Woodson, July 26, 1864; John R. McBride, February 28, 1865; Thomas J. Bowers, July 18, 1868; David Noggle, April 9, 1869; M. E. Hollister, January 14, 1875; William G. Thompson, January 13, 1879; John T. Morgan, June 10, 1879; J. B. Hays, August 14, 1885; H. W. Weir, September 29, 1888; James H. Beatty, May, 1889.
Associate Justices-Alexander C. Smith, March 10, 1863; Samuel C. Parks, March 10, 1863; Milton Kelly, April 17, 1865; John Cummins, May 29, 1866; R. T. Miller, July 1, 1868; J. R. Lewis, April 15, 1869; William C. Whitson, July 12, 1870; M. E. Hollister, March 20, 1871; John Clark, January 14, 1875; H. E. Prickett, January 19, 1876; Norman Buck, January 27, 1880; Case Broder- ick. May 1, 1884; John L. Logan, May 18, 1888; C. H. Barry, August 13, 1888; Willis Sweet, December, 1889.
United States Attorneys-George C. Hough, February 29, 1864; A. Huggan, 1868; J. W. Huston, April, 1869; Norman Buck, May, 1878; James R. Butler, May, 1880; W. R. White, May, 1881 ; James H. Hawley, May, 1885; Willis Sweet, May, 1889, and Fremont Wood, December, 1889.
United States Marshals-D. S. Payne, March 13, 1863; J. H. Alvord, April 17, 1865; H. W. Moulton, 1869; Joseph Pinkham, March 25, 1870; E. S. Chase, May 10, 1878; Fred T. Dubois, September 4, 1882 ; Ezra Baird, September, 1886.
UNDER THE CONSTITUTION
Upon the admission of Idaho into the Union in 1890, a judicial system radically different from that of the territorial period was inaugurated. The courts established by the constitution (Article V, Section 2) are "a court for the trial of impeachments, a supreme court, district courts, probate courts, courts of justices of the peace, and such other courts, inferior to the supreme court, as may be established by law for any incorporated city or town."
The senate is the court for the trial of impeachments and the judgment is limited to removal from and disqualification to hold office in the state, though the party impeached is liable to indictment and punishment under the laws of the state. Probate courts are courts of record and have original jurisdiction in all matters of probate, settlement of estates, appointment of guardians, and to hear
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and determine all civil cases in which the debt or damage claimed does not exceed five hundred dollars, also concurrent jurisdiction with justices of the peace in criminal cases.
THE SUPREME COURT
Section 6, Article V, of the state constitution provides that, "The supreme court shall consist of three justices, a majority of whom shall be necessary to make a quorum or pronounce a decision. The justices of the supreme court shall be elected by the electors of the state at large. The terms of office of the justices of the supreme court, except as in this article otherwise provided, shall be six years. The justices of the supreme court shall, immediately after the first election under this constitution, be selected by lot, so that one shall hold his office for the term of two years, one for the term of four years, and one for the term of six years. * The justice having the shortest term to serve, not holding his office by appointment, or election to fill a vacancy, shall be the chief justice, and shall preside at all terms of the supreme court; and, in case of his absence, the justice having in like manner the next shortest term to serve, shall preside in his stead."
The supreme court had jurisdiction to review, upon appeal, any decision of a district court, and original jurisdiction to issue writs of mandamus, certiorari, prohibition and habeas corpus, and all writs necessary to complete the full exer- cise of its appellate jurisdiction. It has also jurisdiction to hear claims against the state, but its opinions in such cases shall be merely recommendatory and no process in the nature of execution shall issue thereon, the matter being reported to the legislature for final adjudication. Under the constitution the court is required to hold four terms annually-two at the state capital and two in the City of Lewiston.
SUPREME COURT JUSTICES
From the admission of Idaho into the Union in 1890 to the close of the year 1918 a period of twenty-eight years-only eleven men had been elected or appointed to positions on the supreme bench, a fact that shows the confidence the people of the state have in the character and ability of their highest tribunal. At the first state election in 1890. Isaac N. Sullivan, Joseph W. Huston and John T. Morgan were chosen and under the constitutional provision above men- tioned Isaac N. Sullivan drew the shortest term, becoming thereby the first chief justice. Since that time a justice has been elected at each biennial election, to wit: 1892, Isaac N. Sullivan; 1894, Joseph W. Huston; 1896, Ralph P. Quarles ; 1898, Isaac N. Sullivan ; 1900, Charles O. Stockslager ; 1902, James F. Ailshie; 1904, Isaac N. Sullivan; 1906, George H. Stewart; 1908, James F. Ailshie : 1910, Isaac N. Sullivan; 1912, George H. Stewart; 1914, William M. Morgan ; 1916, John C. Rice; and Alfred Budge, 1918. Besides those elected, Warren Truitt was appointed in 1914 to succeed Judge James F. Ailshie, who had resigned and Alfred Budge was also appointed in 1914 to succeed Judge George F. Stewart, who died that year.
Following the custom prescribed by the Constitution, the justice of the Supreme Court having the shortest term to serve, and not holding office by
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appointment or election to fill a vacancy, presides over the court and thus becomes chief justice, so that every man elected to the supreme bench holds that position during the last two years of his term, providing he serves the entire term. The Legislature of 1913 provided for the election of all justices of the Supreme Court and district judges by the nonpartisan method, and those elected in 1914 and subsequent elections were chosen by that system. This provision of the statutes was changed in February, 1919, by the Fifteenth Legislature, and judges are to be selected in the future by party nominating conventions.
Isaac N. Sullivan, the first chief justice, was born in Delaware County, Ia., November 3, 1848; was educated in the public schools and the college at Adrian, Mich., after which he studied law with J. M. Brayton, of Delhi, Ia., and in 1879 was admitted to the bar by the Iowa Supreme Court. Two years later he came to Idaho, located at Hailey and practiced there until elected to the supreme bench. Altogether he served as supreme justice for twenty-six years and when succeeded by John C. Rice in 1916 resumed the practice of law at Boise.
Joseph W. Huston, elected one of the first supreme justices of Idaho, was born in Painesville, Ohio, April 10, 1833, and was educated at Kalamazoo, Mich., where he studied law and was admitted to practice in 1857. At the beginning of the Civil war he enlisted as a member of the Fourth Michigan Cavalry and was promoted to the rank of major. In 1863 he was honorably discharged on account of his health, returned home and resumed the practice of law until 1869, when President Grant appointed him United States Attorney for the Territory of Idaho, which position he held until 1878. When elected to the Supreme Court in 1890, he drew the four-year term, was elected again in 1894 and served on the bench for a full term of six years.
John T. Morgan, the third member of the first Supreme Court, was a native of Erie County, N. Y., of Revolutionary stock, and went with his parents to Illinois in 1843. In 1855 he graduated at Lombard University, Galesburg, Ill., and then took up the study of law with Gen. E. A. Paine, with whom he remained but a short time, when he entered the law department of the Albany University, N. Y., and later graduated at the State Law School at Pough- keepsie. In 1856 he began practice at Monmouth, Ill. On August 6, 1861, Governor Yates, of Illinois, commissioned him to raise a company for the Third Illinois Infantry of which he served as captain until mustered out on June 26, 1865. In 1870 he was elected to the lower house of the Illinois Legislature, and in June, 1879, was appointed chief justice of the Idaho Supreme Court by President Hayes, which office he held until 1885. After serving as a justice of the State Supreme Court for six years he returned to his law practice.
All three of the first supreme justices were men of high character and lawyers of great learning and ability. They established a standard that their successors have endeavored to maintain, with the result that the Idaho Supreme Court reports are quoted in other states as representing decisions rendered by men every way qualified to settle in a legal way all matters of litigation. Since its establishment, the court has probably performed more work than any other of the state supreme courts, considering the number of judges, the Constitution of Idaho allowing three, while most of the states have five or more.
George H. Stewart, the only justice of the Idaho Supreme Court to die in office, was born in Connersville, Ind., February 26, 1858, graduated at the
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Northern Indiana Normal School (now the University of Valparaiso) in 1879, and in the law department of the same institution in 1881. He began practice the following year at Fowler, Ind., but in 1886 removed to Stockville, Neb., on account of failing health, and was soon afterward elected county attor- ney of Frontier County. In 1890 he came to Idaho and was for a time associated with John S. Gray in the practice of law at Boise. Later he was a partner of W. E. Borah, now United States Senator. In 1906 he was elected to the Supreme Court and reelected in 1912. By an act approved on March 7, 19II, the Idaho Legislature granted him the privilege of resigning his office and drawing full pay for the entire term, on account of his failing health, but he refused to resign and his condition improved and he was again elected the following year. He died in the fall of 1914 and Alfred Budge was appointed- to the vacancy.
DISTRICT COURTS
Section II, Article V, of the State Constitution provides that: "The state shall be divided into five judicial districts, for each of which a judge shall be chosen by the qualified electors thereof, whose term of office shall be four years. And there shall be held a district court in each county, at least twice in each year, to continue for such time in each county, as may be prescribed by law. But the Legislature may reduce or increase the number of districts, district judges and district attorneys. This section shall not be construed to prevent the holding of special terms under such regulations as may be provided by law."
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