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litiONTIER JUSTICE
Prepared by Larry M. Boyer
1979
Library of Congress
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FRONTIER JUSTICE
Prepared by Larry M. Boyer
Washington, D. C. Library of Congress
Law Library
1979
Library of Congress Catalog Card No. 79-600013
TABLE OF CONTENTS
FRONTIER JUSTICE
Part I 1
Part II 15
Bibliography
Section I
Books (Law Library Collection) • • 17
Section II (Articles (Law Library Collection) 33
Section III
Books (General Collection) 53
Section IV Articles (General Collection) 61
Part III
Finding Aids 77
Section I Geographic - Subject 79
Section II Bibliographical 95
FRONTIER JUSTICE
PART I
Frederick Jackson Turner in 1893 delivered his now famous
essay, "The Significance of the Frontier in American History." The
main thrust of Turner's revolutionary theory was that "American
social development has been continually beginning over again on the
frontier . . This perennial rebirth, this fluidity of American
life, this expansion westward with its new opportunities, its con-
tinuous touch with the simplicity of primitive society, furnishes 1/
the forces dominating American character."— Turner hypothesized
that frontier was conducive to the rise of individualism and
fostered the growth of America's unique form of democracy. American
democracy, for Turner, was not born of any abstract theorist or
carried by immigrants from some European shore but "came stark and
strong and full of life out of the American forest and it gained new 2/
strength each time it touched a new frontier.''—
Though it seems clear that Turner viewed the frontier "as
a broad geographic zone on the hither edge of the settled portions
of the continent where a variety of pioneers were progressing by
1/ Annual Report of the American Historical Association for the
Year 1893 199, 200 (1894).
2/ "The West and American Ideals," 5 Washington Historical
Quarterly 243, 245 (1914).
2
3/ sequential stages toward a mature economy and social order," he
never succinctly defined what he meant by the word frontier. For
the purposes of this bibliography the frontier has been defined as
the 19th century trans-Mississippi West. Louisiana, Alaska and
Hawaii have been excluded. Wisconsin, because its early legal
history resembles that of the West, has also been included. The
pre-statehood period has been especially emphasized.
Turner's frontier thesis has been both praised and damned.
Various aspects have been singled out for especially harsh criticism.
One of Turner's basis tenets was that "an area of free land, its
continuous recession, and the advance of American settlement westward 4/
explain American development." In reality, desirable land was seldom
free; land speculators were always in the vanguard and too often preyed
5/ upon land-hungry settlers. This pattern repeated itself over and over.
Despite its weaknesses and shortcomings, Turner's frontier
thesis seems a valid historiographic method for an examination of the
growth and development of law and justice in 19th century western
America.
3/ R. Billington, The American Frontier Thesis: Attack and Defense 19 (1971).
4/ Supra note 1, at 199.
5/ P. Gates, History of Public Land Law Development 765-775 (1968T.
3
Law on the frontier was different from its eastern counter-
part. The dime novel and horse opera myths we have almost come to
believe are, at least in part, based on reality. Drinking, gambling,
and prostitution were ubiquitous. There were outlaws and gunfighters,
and nearly every man carried a knife or a gun. "Judge Colt" was on
occasion more powerful than the law. On the whole, though, the pioneer,
be he miner, farmer, rancher or townsman, desired a stable government
and the establishment of law and order.
When, as often happened, the pioneer preceded the arrival
of official government, he frequently set up and operated his own
government or drafted his own laws. Usually he resorted to models he
had known, but he was not afraid to make adaptations to suit the con-
tingencies of the rough reality of frontier life.
In Iowa, during the early 1830's, the first settlers were
squatters who began farming the land years before it was opened to
legal settlement by the Federal Government. Anxious, though, to hold
and protect their claims, the settlers in nearly every pioneer farming
community organized claim clubs. Each club or association had its
own primitive, but effective, "Squatter Constitution." These con-
stitutions set up rules to legitimize claims and established courts 6/
to ensure enforcement of these rules.
6/ B. Shambaugh, History of the Constitutions of Iowa 30-65 (1902T.
4
In other areas miners were among the first to arrive. A
distinct form of pioneer, they rushed helter-skelter to the most
remote regions of the continent in search of fortune and adventure.
Faced with a lawless situation, the miners were quick to create their
own codes of law. Miners' codes were found in the mining areas of
California and Nevada and even in the Black Hills of Dakota, but
they were most prevalent in Colorado during the 1850's. Like the
earlier squatter Constitutions, these codes established rules and
procedures for recording claims and for settling claims disputes.
Crimes were defined and penalties were prescribed. Often the first
legislation dealt with the pollution of streams and the befouling of
cabins with sewage or garbage. Most of the codes assumed that any
offense commonly punished in "the States" was within the scope of the
miners' courts and did not need to be redefined. Wrongs peculiar to
the region such as rolling rocks down hills and setting fire to woods
were well-defined with clear penalties provided.
The miners also set up "people's courts" which were presided
over by elected judges. Lawyers were forbidden to appear in some
districts, but in general, procedural forms were so complex that only
a lawyer could have written them and certainly only a lawyer could
follow them. The entire camp often acted as a jury. Justice was 7/
usually swift and execution of sentences was carried out immediately.
7/ Rogers, "The Beginnings of Law in Colorado," 36 Dicta 111, 116-120 (1959).
5
Perhaps the best known of these miners' codes is that of
Gregory Diggings, Colorado. Drawn up two years before Colorado be-
came a territory, the Laws and Regulations of the Miners of Gregory 8/
Diggings District was printed sometime after July 16, 1859. The
miners' codes served the needs of the people very well; other "popular
governments" were not so successful.
During 1859 in what later became Colorado, organizers suc-
ceeded in electing a constitutional convention--a provisional government
was instituted for the Territory of Jefferson with an elected executive,
legislature and judiciary. The legislature, which held two sessions,
enacted both a civil and criminal code. The judicial system, however, 9/
seems never to have functioned. The Territory of Jefferson govern-
ment was very unpopular. With a small proportion of the population
participating in elections, it was primarily the creation of a few
politically ambitious men. Congress refused to recognize its existence,
and when the Territory of Colorado was created in 1861, all vestiges
of the Jefferson territorial government disappeared. Congress did,
however, recognize the validity and worth of the miners' codes and the
10 court decisions promulgated under them were given legal recognition.
8/ Schanck, "Of Gregory, Gold and Greeley," 26 Quarterly Journal of the Library of Congress 227-232 (1969). In 1969 the Library of Congress Law Library acquired one of the two known copies of this, the first document other than a newspaper to be printed in Colorado.
9/ Robinson, "The Supreme Court of the Territory of Jefferson," 36 Dicta 155, 161-162 (1959).
10/ Supra note 7, at 114-115.
6
The controversy connected with the creation of the State of
Deseret illuminates another aspect of the legal history of the frontier.
In 1847 Utah was settled by the Mormons who were fleeing religious
persecution in the East. A very cohesive group, they were at first
content to allow the ecclesiastical organization of the Church to
function as a civil government. In 1849, however, the constitution of
the State of Deseret was adopted and forwarded to Congress with a peti-
tion for admission to the Union. Two factors, anti-Mormon sentiment
and the growing debate over the slavery question, resulted in the
failure of the petition to succeed. As a result of the Compromise of
11/ 1850, Utah was denied statehood and relegated to territorial status.
Although a territorial government was set up, Utah continued to function
very much as a theocracy. Brigham Young, the leader of the Mormons, was
appointed governor and most of the people depended on ecclesiastical 12/
courts to settle disputes.-- Throughout the remainder of the 19th
century, congressional anti-Mormon sentiment remained high. Feelings
were especially strong concerning the Church's stand on polygamy. It
was not until 1896, four years after the Mormon Saints renounced this
13/ practice, that Utah finally became a state.
11/ Flynn, "Federalism and Viable State Government--The History of Utah's Constitution," 1966 Utah Law Review 311, 315-316.
12/ Morgan, "The State of Deseret," 8 Utah Historical Quarterly 65, 69-70 (1940).
13/ Linford, "The Mormons and the Law: the Polygamy Cases," (Parts I and II), 9 Utah Law Review 308-369, 543-591 (1965).
7
Variations of these stories are repeated throughout the
West. Whenever a region obtained a stable population, the clamor
for territorial status soon began. Except for California all the
states west of the Mississippi passed through a territorial stage.
The Wisconsin Organic Act of 1836 served as a model for
the establishment of western territorial governments. Each succes-
sive organic act contained a provision for the creation of a territorial
judiciary--almost invariably consisting of three judges who were to
serve collectively as the territorial supreme court and individually
as district judges. An obvious drawback to this system was that the
justices had both original and appellate jurisdiction. This three
judge system was widely criticized in every territory, but Congress
was reluctant to change the system. As a consequence, though, there 14/
were fewer appeals.
The judges were appointed by the President with the advice
and consent of the Senate. They were supervised by the Attorney
General of the United States and all their decisions could be appealed 15/
to the U.S. Supreme Court.
14/ J. Guice, The Rocky Mountain Bench: the Territorial Supreme Courts of Colorado, Montana and Wyoming 10-14 (1972).
15/ Id.
8
Those appointed to the territorial judiciary were not
always well qualified. Salaries were low; certainly they were not
equal to the inflated cost of living in the West. Some dishonest
judges used their offices to increase their personal fortunes,
especially through real estate speculation.
Some appointees were resented as being incompetent, carpet-
bagging, party hacks rewarded for loyal service. Even the qualified
were resented by the populace. Territorial legislators punished
particularly unpopular justices by assigning them to vast "sage-brush 16/
districts" which were far from the few centers of population.
As circuit riders, district judges had to cover tremendous
amounts of territory. The districts were so large that the court only
came to a town two or three times a year and long delays were the rule.
These frontier judges faced many hardships. One early New
Mexico courthouse was described as a:
low rude mud building . . . about forty feet long, fifteen wide and eight high . . . the earthen floor was damp and cold . . . the roof
was none of the tightest, and through the openings which were neither 'few nor far be-tween,' could be seen the 'stars in the quiet sky' smiling down upon our deliberations .17/
Courthouses were sometimes lacking entirely so that court had to be
held in the local tavern or hotel or occasionally out of doors if the
weather permitted.
16/ L. Friedman, The History of Law in America 326-327 (1972).
17/ A. Poldervaart, Black-Robed Justice 24 (1948).
- 9 -
Law libraries were also very scarce. In 1860 the largest
18/ law library in Denver had no more than 16 volumes.— When the
legislators were writing the Oregon Code of 1843 they copied most
of the provisions from the Iowa Code of 1839 since the volume was
19/ one of the few law books available to the legislature.
In the final analysis, it would appear that the arrival of
the territorial judge represented the arrival of law and order. Despite
stories to the contrary, many of the men on the federal territorial
bench were steadfast, honest and concerned.
In 1860 Moses Hallett came to Colorado as a young man in
search of gold. A failure as a miner, he stayed to become a success-
ful lawyer. In February 1866 the Colorado Territorial Assembly
petitioned the president to appoint Hallett Chief Justice of the ter-
ritorial supreme court. He was subsequently appointed and was reappointed
three times thereafter. When Colorado achieved statehood, he was
appointed U.S. district judge for the district of Colorado. His
reputation as a jurist was recognized nationwide and the decisions
he made concerning mining and water law were highly influential and
precedent setting. He has been described as a "model of adaptability, 20/
modification and innovation."
18/ Supra note 16, at 326-327.
19/ Beardsley, "Code Making in Early Oregon," 23 Oregon Law Review 22, 31-33 (1943).
20/ Supra note 14, at 96-111. _
- 10-
In New Mexico, Kirby Benedict was an outstanding member
of the bench. Fluent in Spanish, he was especially interested in
upholding the rights of the original Spanish-speaking inhabitants
of the territory and many times he consulted the civil law of Spain
and Mexico when a case warranted it. However, Benedict made many
political enemies and, accused of "habitual inebrity and incidental
misconduct," he was eventually hounded out of office. —
Perhaps the most famous federal judge was Judge Isaac
Parker who sat on the bench of the Western District of Arkansas from
1875 through 1896. He was responsible for trying federal cases orig-
inating in Indian Territory, a nearly lawless no-man's-land and a
haven for thieves, murderers and other outlaws. During the first half
of the decade of the 1890's, 73 deputies and possemen were killed in
21
the pursuit of law breakers and about three times that number of persons 22/
were killed by lawmen while resisting or fleeing from arrest.
Judge Parker dealt very harshly with those brought before him and he
is variously credited with hanging 79 or 88 men.
Besides the federal courts there were inferior courts established
by territorial legislatures. These lower courts were presided over by
lay justices of the peace. Each town had at least one justice of the
21/ A. Hunt, Kirby Benedict: Frontier Federal Judge 196 (1961).
22/ Williams, "The Judicial History of Oklahoma," 5 Oklahoma Bar
Association Proceedings 107, 128 (1911).
peace who served a four-year term and had original jurisdiction over 23/
most civil cases and overall criminal misdemeanors. —
The frontier justice of the peace saw himself more as a
referee or arbiter than as a judge. He was usually unfamiliar with
the law and court procedure. He and those who appeared before him
held the "niceties of the law" in contempt and felt the "technicalities
of the law" were used by lawyers to "thwart justice and permit the
guilty to escape." In these justices' courts the accused was assumed
guilty until proven innocent. As there were few jails, a sentence was 24/
carried out immediately.
Frontier communities, like their eastern counterparts, some-
times sought to "define and enforce a moral code," but enforcement was
often sporadic and haphazard. Frontier society was less constrained
and attitudes, both of officials and the general public, were more 25/
tolerant. Yet, courts of all levels were used frequently. Litigation,
even over the smallest disagreement, was common. Law was an important
aspect of the frontier, especially the urban frontier. "Law, government
26/ and legal process were central to the lives and careers of all."
23/ W. English, The Pioneer Lawyer in Missouri 15 (1947).
24/ Id. at 16.
25/ P. Jordan, Frontier Law and Order 115-139 (1970).
26/ Friedman, "San Benito 1890: Legal Snapshot of a County," 27 Stanford Law Review 683, 701 (1975).
- 12-
The frontier bar was as colorful as the bench. One observer
of the Idaho bar of the late 19th century described the typical sage-
brush lawyers as follows:
They were . . . first and foremost under normal conditions, courteous and cultured gentlemen but with occasional eruptions indicating an adventurous and vigorous life. They were able and effective lawyers; some of them by education, but all by experience . . . . They lived well, they were good card players, were or had been copious drinkers, cared nothing for money and generally died leaving only a good name and a good record behind them.27/
Earlier a Kansas attorney was less complimentary of his
colleagues whom he pictured as an "ignorant, detestable set of adle-28/
headed numbskulls and blackguards."-- The truth probably lies somewhere
between these two descriptions. The frontier attracted the adventurer
and those interested in making their fortunes or getting ahead.
Western lawyers moved from place to place, seeking to improve
their fortunes. Young lawyers usually migrated to the urban center of
frontier life and quite often were among the first settlers there. If
they were unable to earn a living practicing law, they frequently turned
27/ J. MacLane, A Sagebrush Lawyer 26 (1953).
28/ Wilson, ed., "A Survey in Retrospect: A Letter of Elliott V. Banks," 10 University of Kansas Law Review 123, 128, note 23 (1961).
- 13-
to banking or politics. They were elected county commissioners or
registers of deeds and when the early codes were written, it was
29/ usually done by these frontier lwayers.
These young attorneys were well-educated for the times--
some were college graduates, others studied in the office of a member
of the bar. At least in the beginning, most attorneys found it neces-
sary to ride circuit. As the court moved so did the need for their
services. The circuit lawyer had to be familiar with all aspects of
the law--cases involving criminal, probate, commercial and real estate
law all might arise at a single session of the court. The circuit
covered several hundred square miles and the only means of travel was
the horse or buggy. Law books, papers and clothing were all carried
in a saddlebag. It is not surprising that the lawyers appeared dirty 30/
and unkempt.
Occasionally law and order, once established, either broke
down, or the populace lost faith in the effectiveness of the administra-
tion of justice. When this occurred, the people of a community some-
times took the law into their own hands. This phenomenon is best
documented in San Francisco in the 1850's, but it was common through-
out the West.
29/ Supra note 16.
30/ Supra note 23.
- 14-
San Francisco, after the gold rush, grew spectacularly.
In addition to the honest miner, it also attracted a large criminal
element. Gangs such as the Hounds and the Sydney Coves robbed and
killed wantonly. During 1850-51 over 100 people were murdered.
Witnesses were fearful of testifying and very few convictions were
obtained. In 1851 a Committee of Vigilance was formed and an organiza-
tional constitution was drawn up. The Committee either hanged or
banished many of the outlaws. Eventually, peace was restored to the
city and the Committee was dissolved in 1853. The Committee was
reactivated in 1856, but this time its targets were more political
than criminal. After about nine months the furor died down and the 31/
Committee "just sort of ceased."
The administration of justice in the frontier of 19th century
America did assume a unique character. Arriving well in advance of
official government, pioneers invariably reacted to a potentially lawless
situation by creating their own courts and laws. Modeled on those laws
which they had known in "the States," they were also different in that
they reflected the realities of frontier life. Citizens of the frontier
recognized the importance of law and government; they frequently turned
to the courts to settle their disputes. The western bench and bar
assumed important roles in society, and as western society matured they
played an active role in that process.
31/ R. Hofstadter and M. Wallace, eds., American Violence: A Documentary History 458-459 (1970).
PART II
Sections I and II of this bibliography include books and
articles on legal history found in the Law Library of the Library of
Congress. Each entry is annotated and an effort has been made to
include all relevant material. However, trial accounts have been
excluded.
Sections III and IV are comprised of books and articles
gleaned from the general collection of the Library of Congress. This
part of the bibliography is not as exhaustive. Only those works which
deal primarly with the legal history of the frontier have been listed.
This included constitutional and political history, judicial and legal
biographies, and some local histories. However, for a comprehensive
listing of local histories, the reader should consult United States
Local Histories in the Library of Congress (Baltimore, Magna Carta Book,
1975. 5 v. Z1250.U59 1975).
Works on pre-statehood constitutional development and
governmental organization have been incorporated. However, official
publications of constitutional conventions have been omitted. Cynthia
Browne's State Constitutional Conventions (Westport, Greenwood Press,
1973. 250 p. KF4501.B76) should be consulted for these publications.
Materials about western outlaws and lawmen generally have been
excluded from sections III and IV. Ramon Adams' two bibliographies,
Six Guns and Saddle Leather (Rev. ed. Norman, University of Oklahoma
- 15-
- 16 -
Press, 1969. 808 p. Z1251.W5A3 1969) and Burs Under the Saddle
(Norman, University of Oklahoma Press, 1964. 610 p. Z1251.W5A28)
cover, in great depth, this aspect of frontier justice. Furthermore,
Thomas M. McDade's The Annals of Murder (Norman, University of
Oklahoma Press, 1961. 360 p. KF219.M3) highlights 19th century
murder trials.
Many fine general works such as Ray Allen Billington's
Westward Expansion (4th ed. New York, Macmillan, 1974. 840 p.
E179.5B63 1974) were also omitted. Billington's excellent 140 page
bibliography covers all aspects of the history of the American
frontier and should be examined.
Finally, two other sources should not be overlooked.
Oscar O. Winther's A Classified Bibliography of the Periodical Literature
of the Trans-Mississippi West (1811-1957) (Bloomington, Indiana Univer-
sity Press, 1961. 626 p. Z1251.W5W53) and A Supplement(1957-1967)
(Bloomington, Indiana University Press, 1970) are quite thorough in
coverage. For monographs and more recent articles one should see the
American Historical Association's annual Writings on American History
(Z1236.L331) or the Organization of American Historians' Journal of
American History (E171.J87).
BIBLIOGRAPHY
SECTION I
Books
1. Abbott, Othman A. Recollections of a pioneer lawyer. Lincoln, Nebraska Historical Society, 1929. 176 p. KF368.A2A36
Abbott's memories of first coming to Grand Island, Nebraska in 1867 and his struggle to set up a law firm on the "treeless prairie" are recorded in this volume.
2. Anderson, James S. Pioneer courts and lawyers of Manitowac County, Wis. Manitowac, Manitowac Pilot, 1922. 134 p.
KF355.M3A5 The legal history of Manitowac County from 1848,
the establishment of the County, until 1921 is described. Heavy emphasis is placed on the early period. It is primarily a book of reminiscences.
3. Bates, J.C., ed. History of the bench and bar of California.
San Francisco, Bench and Bar Publishing Co., 1912. 572 p. KF354.C3B3
There is no documentation, but the accounts of the early days of lawlessness, violence and vigilante groups are interesting.
4. Bay, W.V.N. Reminiscences of the bench and bar of Missouri. St. Louis, F.H. Thomas and Co., 1878. 611 p. KF354.M55B3
This work contains biographical sketches of various members of the Missouri Bar during the first three quarters of the 19th century.
5. Beitzinger, Alfons J. Edward G. Ryan; lion of the law.
Madison, State Historical Society of Wisconsin, 1960. 214 p. KF368.R9B4
Ryan, an Irish immigrant, arrived in Wisconsin Territory in 1842. Although a lawyer, politics interested him more. His life was punctuated with various successes
and failures, the latter often due to his excessive temper. Finally, however, he did attain the office of Chief Justice of the Wisconsin Supreme Court.
- 17 -
- 18-
6. The bench and bar of Iowa. Chicago and New York, American
Biographical Publishing Co., 1901. 557 p. KF354.I6B4 This is a biographical directory of the Iowa Bar.
It contains sketches of those lawyers practising law in 1901.
7. The bench and bar of St. Louis, Kansas City, Jefferson City and other Missouri cities. St. Louis and Chicago, American Biographical Publishing Co., 1884. 504 p. KF354.M55B4
As is the case with so many bench and bar histories,
this volume consists entirely of short biographical sketches of members of the bar.
8. Biography of district court judges beginning 1861. n.p. 28 1. KF354.N38B5
Short biographies of 27 judges of Nevada federal district courts are given here.
9. Black, Chauncey F. and Samuel B. Smith. Some account of the work of Stephen J. 17171d. New York, n.p., 1881. 63, 464 p.
KF8745.F5B6 This is a highly laudatory account of the career of
Stephen J. Field, listing his achievements as legislator and judge. Little is said of his involvement in the early days of California.
10. Boise, Reuben P. The bench and bar of early Oregon. Salem, Ore., n.p., 1906. 17-28 p. KF354.07B6
This is a speech taken from the Oregon Historical Society's Proceedings for 1902-03 in which Boise outlines the early history of the bench and bar in Oregon.
11. Boner, Marian. A reference guide to Texas law and legal history. Austin, University of Texas, 1976. 108 p. KFT1275.B65
The author has compiled a reference guide to the various aspects of Texas law and legal history. Sections on "Constitution," "Historical Background," and "Courts and Court Reports" contain historical summaries and bibliographies of particular interest.
- 19-
12. Broaddus, J. Morgan. The legal heritage of El Paso. Ed. by
Samuel D. Myers. El Paso, Texas Western College Press, 1963. 250 p. KFX1407.E45A64 1963
This book traces the development of legal institu-tions in the El Paso area from the 1640's to 1941, with chapters on the Mexican heritage, the southwestern frontier, and the Civil War and Reconstruction.
13. Bushnell, Eleanor. The Nevada constitution: origin and growth. 4th ed. Reno, University of Nevada, 1977. 252 p.
KFN1002.Z9B8 1977 Nevada had no permanent white settlement until the
1840's -- but the California gold rush and the Comstock discovery brought large numbers to Nevada in the 1850's and early 1860's. Nevada became a territory in 1861 and was admitted to the Union by presidential proclama-tion in 1864.
14. Cate, Chester M. The first California laws printed in English. Cambridge, Harvard University Press, 1925. 8 p. KFC78.C3
Laws for the Better Government of California (1848) were the first California laws printed in English. They were promulgated by Richard B. Mason, Military Governor of California, but were never put into force because of the declaration of peace.
15. Clark, Malcolm, Jr., ed. Pharisee among Philistines; the diary of Judge Mathew P. Deady. Portland, Oregon Historical
Society. 2 v. KF368.D37A36 Deady was an early judge in Oregon. As the title
implies, Deady was at odds with his contemporaries.
16. Cobb, Berry B. A history of Dallas lawyers, 1840 to 1890. Dallas, Bar Association of Dallas, 1934. 84 p. KF355.D2C6
One should examine chapter III, "Pioneer Judges and Lawyers," and chapter IV, "John J. Good." Unlike so many local bar histories, sources of information have been well documented.
-20-
17. Conmy, Peter T. The historic Spanish origin of California's community property law and its development and adapta-tion to meet the needs of an American state. San Francisco, Native Sons of the Golden West, 1939. 25 p. KFC125.C6C58
As the title implies, the author traces the history and development of community property law in California from its Spanish colonial origins, through early state develop-ment and down to the middle of the 20th century.
18. Croy, Homer. He hanged them high. New York, Duell, Sloan and
Pearce, 1952. 278 p. KF368.P32C7 Croy gives a moralistic account of Judge Parker and
some of the 88 people he had hanged in his 20-year career as judge in the United States District Court for Western Arkansas.
19. Curtis, Rosalee M. John Hemphill; first chief justice of the state of Texas. Austin, Jenkins Publishing Co., 1971. 122 p. KF368.H4C8
The young Republic of Texas was in need of lawyers when Hemphill arrived in 1838. He enjoyed a great deal of success and by 1841 was serving as Chief Justice of the Texas Supreme Court.
20. Dale, Edward E. and James D. Morrison. Pioneer judge: the life of Robert Lee Williams. Cedar Rapids, Iowa, Torch Press, 1958. 433 p. KF373.W48D3
Williams, who came to Indian Territory (Oklahoma) as a young lawyer in 1896, later became Chief Justice of the Oklahoma Supreme Court, Governor and a Federal district judge.
21. Dobkins, Betty E. The Spanish element in Texas water law.
Austin, University of Texas, 1959. 190 p. KFT1646.D6 This is an historical rather than a legal look at the
development of Texas water law. The Hispanic-American laws in which it originated continue as a "living and significant element."
- 21 -
22. Ellis, Richard N., ed. New Mexico historic documents. Albuquerque, University of New Mexico Press, 1975. 140 p. KFN4000.N48
This work contains 20 historic New Mexico documents. Among them are the Treaty of Guadalupe Hidalgo, the Enabling Act of 1910 and the state constitution. Each document also has an historical introduction.
23. Emery, J. Gladston. Court of the damned. New York, Comet Press Books, 1959. 194 p. KF368.P32E5
The subtitle reads "Being a factual story of the court of Judge Isaac C. Parker and the life and times of the Indian territory and old Fort Smith." Non-scholarly in nature, the book emphasizes the notorious desperados who appeared in Judge Parker's court.
24. English, William F. The pioneer lawyer and jurist in Missouri. Columbia, University of Missouri, 1947. 144 p. KFM7878.E5
English says that the frontier lawyer followed the hunter, the trapper and the farmer. There was nothing for him to do until "enough property had accumulated to lead to disputes in ownership, or until there were collections to be made from merchants and debtors."
25. Fernald, Charles. A county judge in Arcady; selected private papers of Charles Fernald, pioneer California jurist. With an introduction and notes by Cameron Rogers. Glendale, Cal., Arthur H. Clark Co., 1954. 268 p. KF368.F37R6
The introduction gives a biographical history of Judge Fernald and his judicial career in Santa Barbara, California. His papers and letters add a personal note to the events occurring during the years 1850-1892.
26. Fink, Myron. Research in California law. 2d ed. Buffalo, Dennis & Co., 1962. 132 p. KFC74.F5 1964
In the "Historical Background" section of this work, the author touches on the first constitutional conven-tion and 19th century efforts at codification of California laws.
27. Foote, Henry S. The bench and bar of the south and southwest. St. Louis, Soule, Thomas & Wentworth, 1876. 264 p.
KF367.F6 A brief court history and short biographical sketches
of lawyers of the various southern states, including Arkansas, are found in this volume.
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28. Forkosch, Morris D. Essays in legal history in honor of Felix Frankfurter. Indianapolis, American Society for Legal History, 1966. 657 p. Gen. L.
Several of the essays in this volume deal with frontier justice -- Albert T. Frantz's "The Law Mirrors History," James Morris' "Some Historical Origins of Statutory Law and Judicial Decisions in North Dakota," Glenn Parker's "Historia Legis in Terra Lata," and Joseph W. McKnight's "The Spanish Watercourses of Texas."
29. Foster, Carl S. Lawyers of a century, 1851-1951; a biographical history of the bench and bar in Guthrie County. Rochester, Tucker Quick Copy, 1965. 101 p. KF355.G8F6
The legal history of Guthrie County, Iowa is set forth.
30. Friedman, Lawrence M. A history of American law. New York, Simon and Schuster, 1973. 655 p. KF352.F7
Professor Friedman's work was the first comprehensive history of American law to be published. He discusses the development of the law from its 17th century colonial beginnings through the many changes which occurred in the 19th century. However, the frontier received only marginal treatment as it only peripherally affected the development of the law.
31. Galvin, John, ed. The coming of justice to California: three documents. San Francisco, John Howell-Books, 1963. 80 p.
KFC78.G3 Most interesting is the translation of an 1831 speech
by Carlos Antonio Carillo in the Mexican Chamber of Deputies in which he asks for "adequate courts for the administration of justice in Alta California."
32. Gates, Paul W. History of public land law development. Washington, Government Printing Office, 1968. 828 p. KF5605.G3
The chapters on "Land Grants for Railroads and Internal Improvements," and "Homesteading, 1862-1882" detail important aspects of the 19th century United States land laws. These laws were instrumental in the settlement and development of the American western frontier.
- 23 -
33. Gentry, North T. The bench and bar of Boone County Missouri;
including the history of judges, lawyers and courts, and an account of noted cases, slavery litigation, lawyers in war times, public addresses, political notes, etc. Columbia, Mo., published by the author, 1916. 280 p.
KF355.B57G44 As is the case with so many bench or bar histories,
this is primarily a biographical work. However, a large amount of general legal history is also covered.
34. Goff, John S. The Supreme Court Justices, 1863-1912. Cane Creek, Ariz., Beach Mountain Press, 1975. 200 p. KF354.A7G6
This is volume 1 in the proposed series Arizona Territorial Officials. Goff traces the history of the territorial supreme court in the first chapter. Suc-ceeding chapters are devoted to biographies of the various judges.
35. Goodwin, C.C. History of the bench and bar of Utah. Salt Lake City, Interstate Press Association, 1913. 221 p.
KF354.U8H5 The first 92 pages is a history of the bar of Utah
from 1849, the date from which Utah's real political history begins, through the early 20th century. The remainder consists of biographical sketches.
36. Grover, David H. Diamondfield Jack, a study in frontier justice. Reno, University of Nevada Press, 1968. 189 p. KF223.D5G7
Jackson Lee Davis, alias Diamondfield Jack, was con-victed of and nearly hanged for a murder he didn't commit.
Although a notorious gunslinger, who was probably guilty of many crimes, his trial for murder was a travesty. Law and politics were too closely involved with one another in the
Idaho of the 1890's and justice was usually the unfortunate victim.
37. Guice, John D.W. The Rocky Mountain bench: the territorial supreme courts of Colorado, Montana and Wyoming, 1861-1890. New Haven, Yale University Press, 1972. 222 p. KF8736.G8
The territories of Colorado, Montana and Wyoming shared
many characteristics in common. Mining and water law became especially important in all three. Guice traces the role of the territorial supreme courts in the history and the develop-ment of these areas.
- 24 -
38. Hamblin, Donald W. Five historic characters in California law. Alhambra, Printed by the Cunningham Press, 1968. 55 p.
KFC78.H3 Among the five tales is an abbreviated account of
the famous Sharon cases.
39. Harman, S.W. Hell on the border; he hanged eighty-eight men. Fort Smith, Phoenix Publishing Co., 1898. 720 p.
KF213.P27H37 1898 Hell on the Border first appeared in 1898 and the
original printing is now a rarity. It is the story of Judge Isaac Parker and of the many infamous criminals who appeared in his court. This work has been reprinted several times.
40. Harrington, Fred H. Hanging judge. Caldwell, Id., Caxton
Printers, 1951. 204 p. KF368.P32H35 Harrington presented a favorable picture of the famous
hanging judge, Isaac Parker. Until Judge Parker and his marshalls arrived, the Indian Territory was a haven for criminals.
41. Hayes, Clara L. William Penn Lyon. Cleveland, State Historical Society of Wisconsin, 1926. 210 p. KF368.L9H3
Lyon's family emigrated to Wisconsin in 1840. Later he studied law and was admitted to the Wisconsin bar in 1846. His practice grew with the territory. Finally, he joined the state Supreme Court in 1871.
42. Henke, Dan. California law guide. 2d ed. Los Angeles, Parker & Son, 1976. 757 p. KFC74.H46 1976
California legal history receives only passing attention in this research guide.
43. History of the bench and bar of Oregon. Portland, Historical Publishing Co., 1910. 286 p. KF354.07H58
This work consists almost entirely of short biographies of members of the bar at the time it was written (1910).
44. Hunt, Aurora. Kirby Benedict, frontier federal judge. Glendale, Cal., Arthur H. Clark Co., 1961. 286 p. KF368.B39H8
The subtitle reads "an account of legal and judicial development in the Southwest, 1853-1874, with special reference to the Indian, slavery, social and political affairs, journalism, and a chapter on circuit riding with Abraham Lincoln in Illinois . . " Benedict's career was spent mostly in New Mexico.
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45. Hunt, Robert F. Law and locomotives, the impact of the railroad on Wisconsin law in the nineteenth century. Madison, State Historical Society of Wisconsin, 1958. 292 p. KFW2701.H8
The railroad came to Wisconsin in the 1850's, and many of the railroad companies became very powerful, often rivaling the state government for control of areas. Governors and legislators were bought and sold. A reform ticket was finally elected in 1873 and a Railroad Com-mission was established to govern the companies.
46. Hurst, James W. Law and economic growth; the legal history of the lumber industry in Wisconsin, 1836-1915. Cambridge, Belknap Press, 1964. 946 p. KFW2469.H8
Professor Hurst calls his work a study in the "social history of the United States." In his analysis of the lumber industry in the 19th century Wisconsin, he seeks to examine the "relations between the law and the pro-cesses of economic growth in defining and implementing values . . . and the general problems of social organiza-tion and as they affect and are affected by the law."
47. ----- Law and the conditions of freedom in the nineteenth-century United States. Madison, University of Wisconsin Press, 1956. 139 p. KF366.H87
This is based on the author's study of early Wisconsin settlements. Frontier settlements have often been characterized as "lawless" but Hurst states that settlers all over the central and midwestern states set up local governments in the form of claims associations with elected officers to record claims and decide disputes.
48. In Memoriam Stephen Johnson Field. n.p., 1899. 43 p. KF8745.F5I5
This is a printing of the proceedings in the Supreme Court, Monday, April 10, 1899 and other federal courts in honor of the death of Justice Field.
49. Jacobstein, J. Myron and Roy M. Mersky. Water law bibliography, 1847-1965. Silver Spring, Jefferson Law Book, 1966. 249 p. KF5551.J6
Water and water rights played a very important part in
the settlement of much of the American west. This biblio-graphy covers legal, economic and political studies.
- 26 -
50. Johnson, J. Edward. History of the Supreme Court justices of California. Bender, Mass., n.p., 1963. 2 v. KFC960.J6
Volume 1 is devoted to the justices who were appointed between 1850 and 1900. Many of the biographies are incon-sequential and shallow. However, a list of the lives of the men who served in California's highest court, gives a glimpse into the legal history of that state.
51. Johnson, Kenneth M. The bar association of San Francisco: the first hundred years 1872/1972. San Francisco, Bar Associa-tion of San Francisco, 1972. 168 p. KF334.S3B345
By 1872, San Francisco had passed the frontier stage, but this book does give a few details on the early history
of the area.
52. Jordan, Philip D. Frontier law and order. Lincoln, University of Nebraska Press, 1970. 182 p. KF9223.A75J6
This is a series of 10 well written essays on frontier law and order. They deal with some aspects of frontier society seldom treated elsewhere; prostitution; gambling
and jail conditions.
53. Knudson, William. Wisconsin legal research guide. 2d ed. Madison, University of Wisconsin Extension Department of Law, 1972. 88 p. KFW2475.K55 1972
Sources for the study of Wisconsin legal and constitu-
tional history are discussed in detail.
54. Lang, Margaret H. Early justice in Sonora. Sonora, Cal., Mother Lode Press, 1963. 96 p. KFC78.L3
Sonora was in the heart of the Southern California gold mining area and its population was a polyglot of nationalities. Violence was common and although a judi-
cial apparatus was soon established, criminals were not always easily apprehended.
55. Laurent, Francis W. The business of a trial court: 100 years. of cases. Madison, University of Wisconsin Press, 1959. 304 p. KFW2916.C55Lc
The subtitle reads: A census of the actions and special proceedings in the circuit court for Chippewa County, Wis-consin, 1855-1954. In 1854, Chippewa County was the frontier and social conditions were primitive at best. Nearly 200 pages of tables and statistics illuminate the changes that
have taken place in the County and the court.
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56. Lawson, Martin E. Recollections of the members of the Clay County bar, 1890-1940. Liberty, Mo., 1953. 50 p. KF355.C58L38
By 1890, the frontier had moved much beyond Clay County, Missouri, but some of the lawyers mentioned had already practiced for many years.
57. MacLane, John F. A sagebrush lawyer. New York, Pandick Press, 1953. 177 p. KF373.M22A3
The typical sagebrush lawyer was "a good card player, a copious drinker, cared nothing for money, and generally died leaving only a good name and a good record." This work presents the legal history of Idaho during the last four decades of the 19th century. The career of James H. Hawley, an early pioneer lawyer and later Governor, is set out in great detail.
58. Morrow, Robert E., comp. Mohave County lawmakers; a biographical summary. Kingman, Ariz., Mohave County Miner, 1968. 37 p.
KF355.M6M6 Pictures and biographical sketches of legislators and
judges from Mohave County, Arizona from 1863 to 1868 are found in this volume.
59. Murphy, James M. Laws, courts and lawyers, through the years in Arizona. Tuscon, University of Arizona Press, 1970. 249 p.
KFA2478.M8 Murphy only sketches the history and the development of
the bench and bar in Arizona from the time it was under the government of Mexico through to the present.
60. Parkhill, Forbes. The law goes west. Denver, Sage Books, 1956. 176 p. KFC1878.P37
According to the author, justice in early Colorado was often of the rough and ready type. During the gold rush of 1859 and for a few years thereafter, the miners adminis-tered their own swift justice. Those convicted by their peers were quickly punished--whipped, banished or hung.
61. Parvin, Theodore S. The early bar of Iowa, an address delivered before the Senate Historical Society of Iowa. Iowa Historical Lectures. Iowa City, State Historical Society, 1894.
KF354.I6P3 "Iowa became known throughout the east and in legal
annals by reason of the holding of the first court west of the great river and north of the state of Missouri,
- 28 -
62. Poldervaart, Arie W. Black-robed justice: a history of the administration of justice in New Mexico from the American occupation in 1846 until statehood in 1912. Santa Fe, Historical Society of New Mexico, 1948. 222 p. KFN4108.P64
This legal history of New Mexico concentrates on the territorial supreme court and the men who were appointed to serve on that bench. From 1846 to 1912, some 60 men served in that capacity; most notably L. Bradford Price, John R. McFee and Kirby Benedict.
63. Manual for effective New Mexico legal research. Albuquerque, University of New Mexico, 1955. KFN3675.P6
The author discusses the development of the legal system of New Mexico and the resources for the study of that development.
64. Potts, Ralph B. Came now the lawyers. Minaska, Wis., Printed by George Bonta Co., 1972. 187 p. KFW78.P68
Government was minimal and lawyers were few and far between in the early days of Oregon and Washington Territories. Though the pioneer could clear the land and build the new towns, lawyers were needed to draft charters for the new towns, serve in the territorial legislature, draft laws and organize the necessary courts.
65. Reed, Parker M. The bench and bar of Wisconsin; history and biography. Milwaukee, P.M. Reed, 1882. 542 p. KF354.W5R4
This is an outline account of the history of the judiciary in Wisconsin from the late 18th century through the time of publication. First courts seems to have been run and organized by the military and the first jury trial did not occur until 1816.
66. Reinhart, Caleb S. History of the supreme court of the territory and state of Washington. n.p., 1931. 148 p. KFW512.Z9R4
Washington became a territory in 1853 and a state in 1889. Through a series of short biographies and reminis-cences, the early history of the supreme court is set out.
67. Robinson, William W. Lawyers of Los Angeles. Los Angeles, Los Angeles Bar Association, 1959. 370 p. KF334.L66L636
Most of the early lawyers earned their livelihood proving land titles and partitioning ranches for the benefits of creditors. By the end of the 1860's almost all of the original Californians were dispossessed of their land.
- 29 -
68. Ruiz, Manuel, Jr. Mexican American legal heritage in the South-west. Los Angeles, 1972. 88 p. KF366.R8
An outline of some aspects of Spanish and Mexican law and legal institutions which were incorporated into the legal systems of the various southwestern states.
69. San Bernardino County Bar Association. A pictorial directory of attorneys whose principal offices are in San Bernardino County, California and of the judges of the county together with a history of the bench and bar of the county presented by a reprinting of "The Bench and Bar of San Bernardino County, California" (1955) and publication of a supplement (1955-1975). San Bernardino, San Bernardino County Bar Association, 1975. 172 p. KF355.S25P5
The legal history of the county from 1853 is clearly set out.
70. Schwartz, Bernard. The law in America. New York, American Heritage Publishing Co., 1974. 383 p. KF352.S34
The history of law in America from the colonial period to the present is covered in this copiously illustrated work.
71. Shafter, Oscar L. Life, diary and letters of Oscar Lovell Shafter. Ed. by Flora Haines Loughhead. San Francisco, Blair-Murdock Co., 1915. 323 p. KF368.S37A32
When Shafter arrived in San Francisco in 1854, it was still a lawless town in many ways. Shafter was appointed to the California Supreme Court in 1864.
72. Shambaugh, Benjamin F. History of the Constitution of Iowa. Des Moines, Historical Department of Iowa, 1902. 352 p.
KFI4601.5S5 The author discusses the history of Iowa's early
constitutions. Of particular interest is the chapter on "Squatter Constitutions." In the early 1830's settlers in defiance of the Federal Government, began claiming and farming the former Indian lands west of the Mississippi. These pioneers soon established land clubs or claim associations to guarantee their rights in making and holding claims. Each club or association had a constitution or by-laws and this was the begin-ning of government in Iowa.
- 30 -
73. Shirley, Glenn. Law west of Fort Smith. New York, Henry Holt
& Co., 1957. 333 p. KF368.P32S5 Another work about law and crime in the Indian
Territory during the latter part of the 19th century. Judge Parker and criminals, such as Belle Starr and the Dalton gang, who ended up in his court, play a prominent role.
74. Shuck, Oscar T. Bench and bar in California. San Francisco
Occidental Printing, 1888. 303, xiv p. KF354.C553 1888 This work consists of short biographies, anecdotes
and reminiscenses of early California lawyers.
75. , ed. History of the bench and bar of California. Los Angeles, Commercial Printing House, 1901. 1152 p.
KF354.C3554 1901 A comprehensive work starting with 1846; the American
take over of California. As the title indicates focus of these essays is on the judicial history rather than law enforcement. Some duplication of material in the editor's earlier work but on the whole quite different. A large number of pages are devoted to short biographies of turn of the century members of the bar.
76. Sloan, Richard E. Memories of an Arizona judge. Stanford, Stanford University Press, 1932. 250 p. KF368.S5A35
Sloan came to Arizona in 1884, when it was still the frontier with gunfighters, outlaws and Indian raids. He opened a law practice, and eventually became a justice of the Arizona Supreme Court and the last terrritorial Governor.
77. Speer, Ocie. Texas jurists. 1936. 773 p. KF354.T4S6 Portraits of justices and attorneys general with
what the author feels is an exemplary opinion of each. Text seems of little help but the bibliography on pages 741-765 could prove useful to legal historians.
78. Spence, Vernon G. Judge Legett of Abilene; a Texas frontier profile. College Station, Texas A & M University Press, 1977. 264 p. KF373.L43S66
Legett came to West Texas in 1878. This was the frontier--a time of cowboys, gunslingers and railroad building and a time for a young man to make his fame and fortune as an honest lawyer.
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79. Stanford, Leland G. Footprints of justice . • . in San Diego
and profiles of senior members of the bench and bar. San Diego, San Diego County Law Library, 1960. 168 p.
KF355.S27S77 The pen sketches and portraits are by Marion Hill
Bressette. The 19th century legal history of the county is related through a series of anecdotes which first appeared in The Daily Transcript.
80. Tracks on the trial trail in San Diego. San Diego, Law Library Justice Foundation, 1963. 131 p. KF355.S27S8
Like Footprints in Justice, these legal history sketches first appeared in the county's legal newspaper, The Daily
Transcript. This volume concentrates on the 19th and 20th century members of the county bench.
81. Stewart, A.J.D., ed. The history of the bench and bar of Missouri. St. Louis, Legal Publishing Co., 1898. 664,8 p.
KF354.M5558 This large tome consists primarily of reminiscenses
and biographical sketches. Parts of this work were excerpted in 32 Journal of the Missouri Bar (Jul.-Aug. 1976).
82. Swisher, Carl B. Stephen J. Field: craftsman of the law. Chicago, University of Chicago Press, 1969. Washington,
Brookings Institution, 1930. (Reprint of 1930 ed.) 473 p. KF8745.F5S9
Stephen J. Field arrived in California in December, 1849 with $3.00 in his pocket. He quickly made his
fortune through real estate dealings and the practice of law. He was elected to the California Supreme Court in 1857 and in 1863 was appointed to the U.S. Supreme Court by President Lincoln.
83. Taylor, Charles W., ed. Bench and bar of Alameda County 1953. Angiven, C.W. Taylor and Theodore N. Chaper, 1953. 207 p.
KF355.A4T38 Although this is primarily a bar directory, it does
contain a few pages on the history and development of the bar of Alameda County, California.
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84. Eminent judges and lawyers of the Northwest, 1843-1953.
Palo Alto, C.W. Taylor, 1954. 505 p. KF190.T39 This is a biographical directory of prominent members
of the bench and bar of the Northwest, but the introduc-tion includes the legal history of Oregon and Washington.
85. Teiser, Sidney. The first chief justice of Oregon Territory; William P. Bryant. Oregon Historical Quarterly, 1947. 45-54 p. KF368.B75T4
According to Teiser, Bryant used his office to illegally gain title to valuable land in Oregon. This item is reprinted from 48 Oregon Historical Quarterly 45-54 (1947).
86. Travis County Bar Association. One hundredth anniversary of the district courts of Travis County, Texas 1840-1940.
n.p., 1940. 43 p. KF355.T7T73 Very limited biographical sketches of judges in the
District Court of Travis County. Austin is in Travis County.
87. Wagstaff, S.E., ed. The life of David S. Terry presenting an authentic, impartial and vivid history of his eventful life and tragic death. New York, Augustus M. Kelley, 1971. 526 p. KF368.T4W35 1971
Terry's death remains a controversy according to Eleazar Lipsky who wrote a new introduction for this edition. Lipsky asserts his death was murder, per-petrated by Stephen J. Field, Associate Justice of the Supreme Court.
88. Winslow, John Bradley. The story of a great court; being a sketch history of the Supreme Court of Wisconsin, its judges and their times from the admission of the State to the death of Chief Justice Ryan. Chicago, T.H. Flood & Co., 1912. 421 p. KF354.W5W55
Despite the title there is but a brief account in the first chapter of the judicial system prior to statehood.
SECTION II
Articles
1. Bailey, Charles D. "Address of the President." 25 South Dakota Bar Association Report 112-129 (1924).
Bailey says of the men who were appointed territorial
judges, "a very few of them were good, some of them were bad, and the remainder were very mediocre."
2. Bakken, Gordon M. "Contract law in the Rockies, 1850-1912."
18 American Journal of Legal History 33-51 (1974). Taking the middle road, Bakken feels that although the
law developed on the frontier was based on an English model, it also was modified by its new environment. Rocky Mountain contract law provides a "challenging vehicle for the study of continuity and innovation."
3. "Judicial review in the Rocky Mountain territorial courts." 15 American Journal of Legal History 56-65 (1971).
The territorial supreme courts were often at odds with the popularly elected legislatures. This was especially true in Utah, where the Mormon-packed legislative assembly actually opposed the Federal courts for many years. The local courts and officials often failed to carry out the decisions of the supreme court. Still the utilization of their judicial review perogative "encouraged their respec-
tive territories to be part of the national experience."
4. Beardsley, Arthur S. "Code making in early Oregon." 23 Oregon Law Review 22-55 (1943).
This first appeared in 24 Pacific Northwest Quarterly 3-33
(1936). It is a detailed account of the history of code-making in early Oregon. Attempts to codify the law were made in 1841, 1843, 1849, 1854 and 1862.
5. Beardsley, Arthur S. and Donald A. McDonald. "The courts and early
bar of Washington Territory." 17 Washington Law Review 57-82 (1942).
It is said that the bench and bar of Washington Territory were "wont to mix in an atmosphere of social intercourse." Of the bench, it can be said "its judges were learned in the law, even if on occasion their moral and social makeup were not above suspicion."
- 33 -
-34-
6. Bell, John C. "Territorial day courts." 11 Dicta 45-51 (1933). In this reminiscence, Judge Bell relates stories from
the early history of various Colorado counties. In 1875 the new court of Saguache County "spent the first day with maps trying to locate the county seat."
7. Bierer, A.G.C. "Early day courts and lawyers." 23 Oklahoma State Bar Association Proceedings 193-205 (1930).
There was no official government in Oklahoma from April 22, 1889 when the territory was opened to home-steading until May 2, 1890 when the Organic Act for the Territory of Oklahoma was enacted. However, the settlers were quick to set up provisional courts and councils and to establish local law enforcement.
8. Boise, R.P. "Fifty years recollection of the bench and bar of Oregon." 1904 Oregon Bar Association Proceedings 256-270.
During the territorial period, court house accomodations were often lacking--occasionally court was held in the open air or any other available place.
9. Brown, M.C. "Early reminiscences of the bar." 5 Wyoming State Bar Association Proceedings 58-67 (1919).
In May 1860 Wyoming was organized as a territory and the author was admitted to the bar that same year. This is an account of some of the men who were members of the bar in that early era.
10. Brown, Ray A. "The making of the Wisconsin constitution." (Parts I and II.) 1949 Wisconsin Law Review 648-694; 1952 Wisconsin Law Review 23-63.
Wisconsin became a territory in 1836 and its population began to grow rapidly during the 1840's. An elected con-vention in 1846 adopted a constitution which was rejected by the people. In 1847-1848 another convention was elected and the constitution it drew up was ratified in 1848. These articles analyze each convention and discuss the differences between the first and second constitution.
-35-
11. Burkett, C.W., Jr. "Law practice and the judicial system in California's fabulous forties." 15 California State Bar Journal 341-344 (1940).
During the first few years of American rule, much of the old Spanish and Mexican legal system was maintained. The alcaldes remained in office and they continued to wield considerable power. The gold rush of 1849 brought many lawyers to California, and when the constitution was adopted in 1850, most of the old system was abandoned.
12. Butte, George C. "Early development of law and equity in Texas."
26 Yale Law Journal 699-709 (1917). This article illustrates the problems created by the
confrontation of two legal systems (civil and common) and the occasional confusion created by the amalgamation of the two.
13. Caton, N.T. "Pioneer judges and lawyers." 8 Washington State Bar Association Proceedings 63-69 (1896).
The early bench and bar of Washington Territory is set out here. Perhaps the most famous was Chief Justice Nelson.
14. "Some pioneer judges and lawyers I have known." 15 Washington State Bar Association Proceedings 75-81 (1903).
According to the author, the early supreme court judges often exhibited idiosyncratic natures and the stories he tells are quite amusing.
15. Chroust, Anton-Herman. "The legal profession in early Missouri." 29 Missouri Law Review 120-137 (1964).
"It may be claimed that the legal profession of early Missouri is the true gateway to the West for the American lawyer." The Missouri bar was typical of the frontier society in that it included all sorts of men; college graduates, law office apprentices and just plain adventurers.
16. Clancy, Frank W. "Reminiscences of territorial days." 3 New Mexico Bar Association Minutes 47-60 (1919).
New Mexico in the 19th century was a rough place to live. Indian raids were still frequent and gunfights were a common sight. The early judges and lawyers were noted for their hard drinking and their oratory.
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17. Clark, S.W. "The lamp of experience." 25 South Dakota Bar Association Report 185-195 (1924).
The author commends the early jurists of Dakota Territory. The early supreme court decisions display a sense of "care and responsibility."
18. Coakley, Thomas. "Early California law--vignettes on the Mother
Lode." 35 California State Bar Journal 516 (1960). The author characterizes California during the gold
rush era as practically lawless. The accused, especially
in the mining camps, were often assumed guilty until proven innocent. Early trials, civil law, civil rights, elections and admission to the bar are also discussed in this series of "vignettes."
19. Crawford, Coe I. "The bench and bar in early territorial days." 25 South Dakota Bar Association Report 140-151 (1924).
Crawford describes the members of the territorial bar as a group of extremely eccentric but very competent individuals; known equally for their legal sagacity and their drinking capacity.
20. Crawford, Hilary H. "Much of history and a little law." 18 California State Bar Journal 95-98 (1943).
This is the story of the Castro family and its quest for title to "three square leagues" of land near the present day city of Richmond.
21. Cushing, Charles S. "Annual address of the president." 10
California Bar Association Proceedings 11-30 (1919). By the middle of the 19th century it was clear that
the United States was becoming more and more divided over the slavery question. As part of the Compromise of 1850
California was finally admitted as a state without ever having been a territory.
22. Dobbs, G. Byron. "Murder in the Supreme Court: appeals from the hanging judge." 29 Arkansas Law Review 47-70 (1975).
"It was 100 years after the adoption of the U.S. Consti-tution before the Supreme Court was given appellate juris-diction in capital criminal cases." In 1889, the Supreme Court began hearing appeals from district court for the Western District of Arkansas, presided over by Judge Isaac C. Parker.
- 37 -
23. Dobbs, Henry A. "The unfolding of law in the mountain region."
51 American Bar Association Report 177-199 (1926). The establishment of law and government in the Rocky
Mountain area is discussed. The early pioneers encountered a different environment when they came to the region. The development of new concepts in mining law and riparian rights can be directly related to the new situation found on the frontier.
24. Dunham, Harold H. "Colorado's constitution of 1876." 36 Dicta 121-130 (1959).
Students of the Colorado constitution of 1876 agree
that is it overly minute and includes many provisions normally reserved for legislation.
25. Fairfield, Golding. "The original 'rush to the Rockies.'"
36 Dicta 131-148 (1959). Irrigation, mining and non-agricultural public domain
required new rights of person, property and business, demanding new legislation and judicial interpretation. The pioneer lawyers and judges ably met the task.
26. Fisher, John E. "The legal status of free blacks in Texas, 1836-1861." 4 Texas Southern University Law Review 342-362 (1977).
Free blacks were a very small segment of the population in Texas and the law seemed to show a contradictory attitude toward them. General statutes were harsh in their treatment but some free blacks were specifically exempted from these
harsh measures through the passage of private acts. On the whole, the free black man had few substantive rights.
27. Flynn, John J. "Federalism and viable state government--the
history of Utah's constitution." 1966 Utah Law Review 311-325. In their effort to be admitted to the Union, the people
of Utah drafted seven constitutions between 1849 and 1896. Intense opposition to the Mormon Church was the main stumb-ling block.
28. Frantz, Albert T. "Colorado appellate courts--the first hundred years." 36 Dicta 103-110 (1959).
The history of the Colorado Supreme Court from its inception in 1859 and the Supreme Court of Jefferson Territory is outlined here.
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29. Friedman, Lawrence M. "San Benito 1890: legal snapshot of a county." 27 Stanford Law Review 687-701 (1975).
In 1890, San Benito was a county at the western edge of the nation. Records suggest that law, government and legal process were central to the lives and careers of its citizens.
30. Fullerton, S.C. "Courts in the Quapaw country." 4 Indian Territory Bar Association Proceedings 63-67 (1903).
Quapaw country was located in the northeastern corner of Indian Territory and was composed of the small reserva-tions of at least eight separate tribes. The judicial systems of the various tribes differed considerably.
31. Gates, John H. "Notes upon the development of statute law in South Dakota." 25 South Dakota Bar Association Report 166-173 (1924).
The Territory of Dakota was created in 1861 and comprised the present day states of North and South Dakota and parts of Montana and Wyoming. The first territorial legislature met in 1862 and enacted a code of civil procedure and a code of criminal procedure in addition to the general law.
32. Gilb, Corinne L. "Origin of the state bar." 34 Journal of the State Bar of California 38-43 (1959).
A short article in which the history of the development of the State Bar of California is discussed.
33. Gilmer, Daffan. "Early courts and lawyers of Texas." 12 Texas Law Review 435-452 (1934).
This history of Texas begins with a statement praising the "forefathers" who reclaimed "from savagery, and later rescued from tyrannical oppression, the magnificent expanse from the Sabine to the Rio Grande."
34. Givens, James M. "The Creek courts." 4 Indian Territory Bar Association Proceedings 43-47 (1903).
The Creek courts were established in 1850 after the Creeks were forced to leave their homes in Georgia and Alabama and resettle in Indian Territory. Based loosely on the U.S. example, district, circuit and supreme courts were established. The author says of the judges "without other guide than their own conception of right and justice, they may well be said to have been pioneers in a judicial wilderness."
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35. Goff, John S. "The appointment, tenure and removal of territorial judges: Arizona--a case study." 12 American Journal of Legal
History 211-231 (1968). Contrary to popular belief, Arizona territorial supreme
court members were probably no better or worse than those elected by the voters after 1912. Considering the salary and the uncertain tenure and the fact that the judgeships were political patronage jobs, it is surprising that the bench was as competent as it was.
36. "The Civil War confiscation cases in Arizona Territory." 14 American Journal of Legal History 349-357 (1970).
There were many men in Arizona who were sympathetic with the Confederate cause. Congress, in an effort to punish all rebels passed the Confiscation Acts of 1861 and 1862. The 'property of six Arizona citizens was confiscated. Most of these men, however, later recovered their land and two went on to obtain territorial government positions in later years.
37. Grantham, Edward L. "The Black Hills judiciary." 25 South Dakota Bar Association Report 174-184 (1924).
The miners who came to the Black Hills were on the whole experienced and familiar with the rules and regulations that had governed the mining districts in Colorado and California. There, even before the establishment of an official govern-ment, a court was organized, a code of laws adopted, and a judge and other officers were elected.
38. Guice, John D.W. "On circuit in Montana Territory with Justice Hiram Knowles--1870." 16 American Journal of Legal History 334-344 (1972).
This article consists almost entirely of a transcription of a letter sent by Justice Knowles to the Attorney-General Knowles was on the territorial bench for 11 years and is credited with an "important role in the developmental pro-cess of the territory."
39. Hall, Ford W. "An account of the adoption of the common law by Texas." 28 Texas Law Review 801-826 (1950).
The denial of their "common-law heritage" rankled many of the early Anglo-American settlers of Texas and it can be said to be one of the causes of the eventual fight for independence from Mexico.
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40. Hall, Kermit L. "240 men: the ante-bellum lower Federal judiciary." 29 Vanderbilt Law Review 1089-1129 (1976).
Professor Hall shows that the Federal territorial judiciary during the period 1829-1861 was made up of men who were socially prominent, politically active and well-
educated.
41. Harris, Lawrence T. "History of the Oregon Code." (Parts 1 and 2.) 1 Oregon Law Review 129-141, 184-215 (1922).
The debate over the early codes for the Territory of Oregon often created many heated disputes. The Code of 1843 was based largely on the Iowa Code of 1839, perhaps
because "there was one law book at the time in Oregon and that was a copy of the statutes of Iowa."
42. Hastings, W.W. "The Cherokee courts." 4 Indian Territory Bar
Association Proceedings 39-43 (1903). The Cherokee courts were established by a constitution
ratified by the Cherokee Nation in 1839. These courts had jurisdiction over civil and criminal cases where all the parties were members of the Cherokee Nation. If either party was a citizen of the U.S., the case was heard in the Federal courts. All tribal courts and judicial coun-cils were abolished by an act of Congress in 1898.
43. Holland, Fred Y. "Early Colorado courts and lawyers." 9 Dicta
22-25 (1931). In this series of articles, the author outlines the early
history of the Colorado Supreme Court. The judicial careers of Benjamin Franklin Hall and Stephen S. Harding, the first two chief justices are highlighted.
44. "Benjamin Franklin Hall, first Chief Justice, Territory of
Colorado." 9 Dicta 48-52 (1931).
45. "Stephen Selwyn Harding, Chief Justice, Territory of Colorado, 1863-1865." 9 Dicta 113-114 (1932).
46. Hoyt, John P. "Reminiscences of the bench and bar of Washington."
9 Washington State Bar Association Proceedings 156-164 (1897). As in most western territories, the justices of the
supreme court also acted as circuit judges in their district. In the smaller counties, the court convened only once or twice a year, but sessions of court were noted events and
were often followed by parties and dances.
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47. Huffman, Yale. "Human steaks and a whiskey chaser." 36 Dicta
179-185 (1959). This is the story of Alfred Parker who was convicted of
killing and eating his five partners. Because there was no law against murder at the time, the state was only able to convict him of manslaughter.
48. Huntley, F.C. "Bench and bar history." 25 California State Bar Journal 73-77 (1950).
This is a bibliographic essay which will prove very use-ful to those interested in California legal history.
49. Jacobs, Orange. "Reminiscence of the bench and bar of Washington," 6 Washington State Bar Association Proceedings 132-140 (1894).
Jacobs was a judge on the Supreme Court of Washington Territory. He relates several anecdotes about court room practice in the territory.
50. Johnson, Caludius O. "George Turner, a character from Plutarch."
(Parts 1 and 2.) 18 Washington Law Review 167-181 (1943), 19 Washington Law Review 18-30 (1944).
George Turner was appointed a judge of the Washington
Territory Supreme Court in 1883 and was instrumental in composing the first state constitution.
51. Johnson, Donald C. "Politics, personalities, and policies of the Oregon Territorial Supreme Court, 1849-1859." 4 Environ-mental Law 11-76 (1973).
The period from 1849-1859 was an active one for the Territorial Supreme Court, primarily because of the many personal and legal quarrels of the judges. Justice was poorly served my these early judges such as Bryant and Pratt who placed their own "economic enrichment" and "political advancement" above the law.
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52. Johnson, J. Edward. "S. Clinton Hastings." 21 Journal of the State Bar of California 63-66 (1946).
This series on early California Supreme Court justices began with a biography of S. Clinton Hastings, the First Chief Justice. The other biographies are as follows:
Harry A. Lyons, 21:305-307 (1946); Nathaniel Bennett, 21:370-372 (1946); Hugh C. Murray, 21:443-444 (1946); Solomon Heydenfeldt, 22:70-81 (1947); Alexander Anderson, 22:148-150 (1947); Alexander Wells, 22:225-227 (1947);
Charles H. Bryan, 22:359-361 (1947); David S. Terry, 22:516-519 (1947); Peter H. Bennett, 23:29-32 (1948); Stephen J. Field, 23:82-90 (1948); W.W. Cope, 23:354-357 (1948); Edward Norton, 24:141-143 (1949); E.B. Crocker, 24:338-342 (1949); Silar W. Sanderson, 25:105-108 (1950); John Currey, 25:172-176 (1950); Lorenzo Sawyer, 26:120-124 (1951); Augustin L. Rhodes, 26:425-428 (1951); Oscar L. Shafter, 27:87-89 (1952); Joseph B. Crockett, 28:122-128 (1953); William T. Wallace, 28:203-298 (1953); Jackson Temple, 29:510-514 (1954); Addison C. Niles, 30:249-253 (1955); Isaac S. Belcher, 31:253-256 (1956); Elisha McKinstry, 33:81-86 (1958); Robert R. Morrison, 33:701-706 (1958); Erskine M. Ross, 34:873-877 (1959); Samuel B. McKee 35:486-490 (1960); John Sharpstein, 35:92-96 (1960); Milton H. Myrick. 36:124-128 (1961); and James D. Thornton, 37:279-284 (1962).
The biography of Royal T. Sprague was written by Richard B. Eaton and appears at 27:315-319 (1952).
53. Kenyon, Carleton W. "Legal lore of the wild West: a bibliographi-cal essay." 56 California Law Review 681-700 (1968).
This article contains short essays on the courts, the bench, the bar, laws, popular justice, law enforcement and noted cases. Includes citations to many non-legal journals and works.
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54. King, Edward C. "A history of the University of Colorado School of Law." 36 Dicta 139-146 (1959).
The University of Colorado School of Law opened in the fall of 1892, by which time Colorado might be said to have passed the frontier stage.
55. Knaup, Kathianne. "Transition from Spanish civil law to English common law in Missouri." 16 St. Louis University Law Journal 218-230 (1971).
The common law triumphed in Missouri primarily because the relatively few French and Spanish settlers were quickly outnumbered by the common-law oriented Americans.
56. Kommers, Donald P. "The emergence of law and justice in pre-territorial Wisconsin." 8 American Journal of Legal History 20-33 (1964).
Prior to 1830, judicial institutions in Wisconsin were at best crude - consisting basically of justice of the peace courts. These justices were often irreputable characters with little knowledge of the "refinements of common law." Yet most of the frontiersmen of Wisconsin were usually willing to go to court to settle their differences.
57. Larson, T. Alfred. "Exiling a Wyoming judge." 10 Wyoming Law Journal 171-179 (1956).
William Ware Peck was associate justice in Wyoming Territory from 1877 to 1882. Although highly respected in his native Vermont, he soon made enemies in Wyoming primarily because of the slowness with which he conducted court. Like other unpopular western judges he was "sage-brushed," that is exiled to a judicial district far from civilization.
58. Linford, Orma. "The Mormons and the law. The polygamy cases." (Parts I and II.) 9 Utah Law Review 308-369, 543-591 (1965).
The author gives a full and elaborate account of the enforcement of the Edmonds Act (an anti-polygamy act) in 19th century Utah. He argues that the Federal Government used this law to try to eliminate the Mormon Church. The Saints resisted for many years but were finally forced to capitulate in 1890. In 1891, President Cleveland pardoned those who had been convicted.
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59. McBride, Thomas A. "Reminiscences of the Oregon Bar." 2 Oregon Law Review 135-149 (1923).
Chief Justice McBride knew personally many of the judges and attorneys of early Oregon. This is a reminis-cent account of the bench and bar activities from earliest
times.
60. McCormick, Charles T. "The revival of the pioneer spirit in Texas procedures." 18 Texas Law Review 426-435 (1940).
"Ignorance is a great law reformer." The pioneer lawyer of Texas, adapted aspects of the Spanish civil law and created their own system of pleading and procedure--free of the cumbersome and hollow formation of the common law,
according to the author.
61. McGilora, John J. "The pioneer judges and lawyers of Washington."
7 Washington State Bar Association Proceedings 90-98 (1895). The author settled in Seattle in 1864 when it was only
a village of 250 inhabitants. He knew personally some of the early members of the bench and bar.
62. McGinty, Brian. "Common law and community property origins of the California system." (Part I.) 51 California State Bar Journal 370-374, 419-421 (1976).
The author describes how the American common law over-whelmed and subsumed the Spanish-Mexican civil law during
the period 1845-1849.
63. McKnight, Joseph W. "The Spanish legacy to Texas law." 3 American Journal of Legal History 222-241 (1959).
This article discusses the retention of Spanish civil law in early Texas laws. The Spanish law of civil procedure, which was very simple and direct, was especially "well suited to the needs of frontier life."
64. Markham, Edward L., Jr. "Reception of the common law of England in Texas and the judicial attitude toward that reception. 1840-1859." 29 Texas Law Review 904-930 (1951).
There are many parts of the Texas law today which came from Spanish law; marital and community proprty rights, pleading and the lack of distinction between law and equity. Between 1840 and 1860, the Texas Supreme Court assiduously worked to avoid the "technicalities and formalism of the common law," and to build a new system from the best of the
civil and common law systems.
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65. Mays, Richard. "The beginnings of Texas history." 1921 Texas Bar Association Proceedings 19-51.
This is a brief account of Texas history from its beginning until 1845. Little, however, is said of its legal institution, either as a part of Mexico or as a republic.
66. Momboisse, Raymond M. "First murder trial." 37 Journal of the State Bar of California 736-742 (1962).
Charles E. Pickett, a merchant at Sutter's Fort, was tried for murder by his fellow citizens in 1848. Sam Bran-nan was both judge and prosecuting attorney. The entire trial was a comedy of errors; fortunately the drunken jury was unable to reach a decision.
67. Nunis, Doyce B. "Historical studies in United States legal history, 1950-1959: a bibliography of articles published in scholarly non-law journals." 7 American Journal of Legal History 1-27
(1963). A sizeable number of the works cited deal with frontier
justice, though none are from legal journals.
68. Pancera, George D. and Jan T. Chilton. "1850 - it was a very good year." 52 California State Bar Journal 452-462 (1977).
The men who sat on the first California Supreme Court in 1850 were faced with the challenge of creating and implementing a legal system for the new state. It was a lawless time and distrust of public officials - who were often corrupt - ran high.
69. Philips, John T. "Reminiscences of some deceased lawyers of central Missouri." 32 Journal of the Missouri Bar 280-295 1976).
This address first appeared in 32 Missouri Bar Associa-tion Proceedings 196-215 (1914). Judge Philips outlines the careers of 19th century Missouri lawyers such as Abril Leonard and John B. Clark.
70. Potter, Charles N. "Sidelights on the Wyoming judiciary." 8 Wyoming State Bar Association Proceedings 60-75 (1921).
This is a listing of territorial justices interspersed with stories about them and their judicial careers.
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71. Reid, John P. "Binding the elephant: contracts and legal obligations on the Overland Trail." 21 American Journal of Legal History 285-315 (1977).
To cross the continent was to "see the elephant." Travelers on the overland trail usually negotiated a contract or agreement with a guide or a company. These agreements set out the rights and legal obliga-tions of both parties. Though there was no government to enforce these contracts on the trail, the emigrants fully expected the contracts to be honored.
72. "Governance of the elephant: constitutional theory on the Overland Trail." 5 Hastings Constitutional Law Quarterly 421-443 (1978).
"Emigrants starting on the overland trail for the California gold fields in 1849 were fearful of the elephant . . . . Those who went in companies . . drafted constitutions and by-laws." Unfortunately these constitutions have not been published. These constitutions were outlines and not police codes.
73. Rice, George. "Territorial days -- and some desirable changes in our practice." 25 South Dakota Bar Association Report 158-165 (1924).
Dakota Territory like most western territories was divided into three judicial districts and a federal judge was appointed for each. These three when sitting jointly also constituted the Supreme Court for the Territory.
74. Riner, William A. "Hon. Moses Hallett." 4 Wyoming Law Journal 86-95 (1949).
Judge Hallett was the first United States District Judge for the District of Colorado. His opinions, especially those dealing with mining law are "enduring monuments of learning, industry and wisdom."
75. Robinson, William H. "The Supreme Court of the Territory of
Jefferson." 36 Dicta 155-162 (1959). The Territory of Jefferson existed for two years,
1859-1861. Although never recognized by the United States, a Governor, a legislature and a Supreme Court were elected.
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76. Rogers, James G. "The beginnings of law in Colorado." 36 Dicta
111-120 (1959). For about three years (1859-1861) the creation and
enforcement of law in Colorado depended almost entirely on the mining districts, the most famous being Gregory District. The courts were "people's courts" where the miners gathered en masse to decide the fate of the accused. Trials were speedy and execution of sentence usually immediate.
77. "The mining district government of the West: their interest and literature." 28 Law Library Journal 274-259
(1935). The mining district was a complete government which
originated in mass meetings called when a community felt
a need for law and order. Many of the codes were printed and a bibliography of these is included here.
78. "Some great American lawyers." 37 Commercial Law Journal 558-563 (1932).
In this address, Rogers touches on the life of the Californian Stephen J. Field who became an associate justice of the United States Supreme Court.
79. Rogers, Platt. "Reminiscences of bench and bar." 30 Colorado Bar Association Report 130-147 (1927).
Mr. Rogers came to Colorado to pan for gold, but stayed to practice law. This speech is full of legal anecdotes from the "romantic" early days of Colorado.
80. Rossman, George. "Supreme Court of Oregon and its Chief Justice." 34 American Bar Association Journal 364-367 (1948).
The early history of the Oregon Supreme Court is outlined in this account.
81. Samaha, J. "Case of murder: criminal justice in early Minnesota." 60 Minnesota Law Review 1219-1231 (1976).
The author argues that even on the frontier, the legal profession was dominated by professionals and that the "traditional institutions of Anglo-American criminal justice" were well-established.
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82. Schanck, Peter C. "Of Gregory Gold and Greeley." 26 Quarterly
Journal of,the Library of Congress 227-233 (1969). The first document other than a newspaper printed in
Colorado was Laws and Regulations of the Miners of Gregory Diggings District. The Library of Congress has one of two known copies of the document. These laws greatly influenced the development of mining law in the United States.
83. Sears, A.F., Jr. "Mathew P. Deady; a sketch." 1904 Oregon Bar Association Proceedings 230-254.
Mathew Deady arrived in Oregon Territory in 1850 and tried his first case the same year. In 1853 he was appointed to the Oregon Supreme Court. He was instru-mental in the framing of the state constitution. He was appointed U.S. district judge for Oregon by Presi-dent Buchannon and served in that capacity until his death in 1891.
84. Sharp, J.F. "The Chickasaw court." 4 Indian Territory Bar Association Proceedings 54-63 (1903).
The Chickasaw courts were created in 1867, but never really had much power. By the last quarter of the 19th century, the white man greatly outnumbered the red man in Indian Territory. The courts were badly administered, and the whites were outside its jurisdiction. Often the only "judge" was the six shooter or the Winchester, and every man was law unto himself.
85. Smith, Sherry. "Historical sketch of Oregon's Supreme Court." 55 Oregon Law Review 85-97 (1976).
This is an overview of the history of the Supreme Court of Oregon from its beginnings in 1841 to the present.
86. Smith, Stephen. "Arkansas advocacy: the territorial period." 31 Arkansas Law Reivew 449-776 (1977).
Although the men who sat on the territorial superior court of Arkansas Territory were from socially or economically prominent families, few were educated in the law. Members of the bar had somewhat better legal educations. Many early settlers complained there were too many lawyers.
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87. Stanton, Irving W. "Reminiscences of the bench and bar of Colorado in early days." 16 Colorado Bar Association Report 205-218 (1913).
The author first came to Colorado as a miner in 1860, but stayed on to practice law. He was familiar with many of the lawyers of Colorado Territory and appeared in many cases during that period.
88. Stearns, Robert L. "Colorado: a study in frontier sovereignty." 28 Law Library Journal 139-148 (1935).
The territory of Colorado was officially organized by the Act of February 28, 1861, although in 1859 some early
pioneers had tried to organize Jefferson Territory with a constitution, governor and legislature.
89. Stevenson, Noel C. "Glorious uncertainty of the law, 1846-1851." 28 California State Bar Journal 374-380 (1953).
California from 1846-1851 went through a period of confusion--in some places the common law applied, in others, the civil law and in still others, a combination of both. Lawyers and law books were very scarce.
90. "Mariposa courthouse, 1854-1954." 29 California State Bar Journal 13-25 (1954).
During the California gold rush law enforcement was extremely difficult. The population increased by the thousands in a very short period of time. Yet there were no jails or courthouses in which to hold court or incarcerate prisoners. The oldest courthouse in Califor-nia is the Mariposa courthouse erected in 1854.
91. Stewart, Frank M. "Impeachment of Judge James H. Hardy, 1862." 28 Southern California Law Review 61-69 (1954).
Judge Hardy was impeached and removed from office in 1862. Although it is likely that Hardy was guilty of misconduct while on the bench, his conviction seems an act of partisanship. In 1870, the impeachment was annulled and expunged.
92. Stone, Wilbur F. "Pioneer bench and bar of Colorado." 11 Colorado Bar Association Report 101-117 (1908).
The author says of the pioneer people's court "if their administration was not always strictly law, it was rarely ever anything else than acknowledged justice."
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93. "History of the appellate courts of Colorado." 8 Colorado Bar Association Report 15-24 (1905).
From its organization as a territory in 1861 until 1891, the Colorado Supreme Court was the sole court of appeals. As the justices also acted as circuit judges, they were often called on to sit on appeals of their own original decisions.
94. Sullivan, Isaac N. "The bench and bar of Idaho as I have known them." 3 Idaho State Bar Report 146-154 (1927).
This consists primarily of a listing of those who served on the Idaho Supreme Court from 1863 until state-hood in 1890.
95. Sutherland, J.G. "Address of the president." 1 Utah Territorial Bar Association Report 5-13 (1894).
The pioneers arrived in Utah in July 1847. United by their religious faith, they found it unnecessary to establish a secular government for nearly two years. In 1849 a constitutional convention was held and the government of the State of Deseret was established. This state was not recognized by the Federal Government and was superseded by a territorial government in 1851. The territorial courts were very unpopular--most of the judges were from outside of Utah and the animosity between the bench and the population was intense.
96. Twitchell, R.E. "Spanish colonization and the founding of the ciudades and villas in the time of Don Juan Onate." 1919 New Mexico Bar Association Minutes 27-43.
This article describes the government organization of New Mexico prior to annexation by the United States. The Alcalde Ordinario was the law in most communities, with jurisdiction in both civil and criminal cases.
97. Watson, John C. "The extra legal interest of early New Mexico decisions." 1942 New Mexico Bar Association Minutes 32-45.
New Mexico became a part of the United States in 1846, but for many years most of its inhabitants were either Indians or Spanish speaking Mexican-Americans. Some of the carpetbagging attorneys and judges who came to the territory tried to deny the original Indian and the settlers their rights. However, early judges such as Benedict and Watts were careful to preserve them.
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98. Webster, John L. "Nebraska's early lawyers and their place in state history." 5 Nebraska Law Bulletin 367-377 (1927).
As the title implies, this article lists many early lawyers with short explanations of their accomplishments.
99. Wells, E.T. "Address at the ceremonies attending the retire-ment of the Honorable Moses Hallett, U.S. District Judge." 9 Colorado Bar Association Report 7-38 (1906).
Judge Wells summarizes the events of Judge Hallett's judicial career from his arrival in Colorado in 1859 to his retirement in 1906.
100. Wharton, Clarence. "Early judicial history of Texas." 12 Texas Law Review 311-325 (1934).
Texas in the 1820's was a true frontier where Anglo-American settlers often molded Mexican law to serve their own purposes. Conflicts between the English speaking settlers and their Spanish speaking government eventually led to war in 1835.
101. Williams, R.L. "The judicial history of Oklahoma." 5 Oklahoma State Bar Association Proceedings 107-162 (1911).
The Indian Territory in the last half of the 19th century typified the popular concept of the wild West. From 1890 to 1894 some 73 deputies and possemen were killed or wounded in the line of duty. Williams summarizes the legal history of the Indian Territory and the events which led to the creation of Oklahoma.
102. Wilson, Paul E. "A survey in retrospect: a letter of Elliott V. Banks." 10 University of Kansas Law Review 123-132 (1961).
Lawyers in frontier Kansas were rather numerous; require-ments for admission to the bar were minimal. In 1860, one Kansas lawyer said of his colleagues, "a more ignorant, detestable set of addle-headed numbskulls and blackguards I have seldom seen."
103. Wood, William P. "The Committee of Vigilance: justice and the legal order." 53 California State Bar Journal 154-159 (1978).
In the summer of 1851 the Committee of Vigilance arose in San Francisco and for "100 days it was the focus of life." It made 91 arrests, hanged four men, whipped one and exiled 28 others and in its short existence rid San Franciso, temporarily, of arsonists and other criminals and restored law and order.
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104. Woods, J.M. "Pioneer jurists of Texas." 4 Texas Bar Journal 15, 23-24 (1941).
Woods outlines the events leading to the establishment of the Texas Republic and the role lawyers such as Thomas Jefferson Chambers played in its establishment.
105. Yankwich, Leon R. "Social attitudes as reflected in early California law." 10 Hastings Law Review 250-270 (1959).
The men who adopted the common law in California in 1850 were "children of their day." They possessed the ideas, ideals, limitations and prejudices of the pioneer civilization which they helped start in California, and which supplanted the older and more sedate civilization of Spanish-Mexican origin.
106. Young, Edwin W. "The adoption of the common law in California."
4 American Journal of Legal History 355-363 (1960). Although many of the lawyers in California saw the
civil law system as adequate to the needs of a young developing state like California, the advocates of common law eventually triumphed.
SECTION III
Books
1. Alm, Darrel J. Constitutional reform in North Dakota from statehood to present. Grand Forks, University of North
Dakota, 1971. 62 p. JK6416.A44
2. Anderson, William. A history of the constitution of Minnesota. Minneapolis, University of Minnesota, 1921. 323 p.
JK6116.A6
3. Arizona Statewide Arcnival and Records Project. The district
courts of the territory of Arizona, 1864-1912. Phoenix, Historial Records Survey Program, 1941. 38 p.
JK8284.A8
4. Bancroft, Hubert H. Popular tribunals. San Franciso, History
Co., 1887. 2 v. F851.8215
5. Baskin, Robert N. Reminiscences of early Utah. Salt Lake City,
Tribune Reporting Co., 1914. 252 p. F826.B32
6. Bates, Joseph C., ed. History of the bench and bar of California. San Francisco, Bench and Bar Publishing Co., 1912. 572 p. F860.B3
7. Bates, J. Leonard, ed. Tom Walsh in Dakota Territory. Urbana, University of Illinois, 1966. 301 p.
E748.W25A4
8. Beidler, John X. X. Beidler: vigilante. Norman, University of Oklahoma Press, 1957. 165 p. F731.B45
9. Birney, Hoffman. Vigilantes. Philadelphia, Penn Publishing
Co., 1929. 346 p. F731.B61
10. Bloom, John P. The American territorial system. Athens, Ohio University Press, 1974. 284 p. JK2556.C66 1969
11. Bothwell, Samuel. A sketch of the life of the Honorable James Harvey McLeary. n.p., 1913. 16 p. F391.M17
12. Breakenridge, William M. Helldorado, bringing the law to the
Mesquite. Glorieta N.M., Rio Grande Press, 1970. 256 p.
F811.B82 1970 Reprint of 1928 edition.
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13. Brown, Richard M. Strain of violence: historical studies of American violence and vigilantism. New York, Oxford
HN90.V5B75 University Press, 1975. 397 p.
14. Buchanan, Alfred. David S. Terry of California, dueling judge. San Marino, Huntington Library, 1956. 238 p.
F864.T325
15. Burrows, William E. Vigilante. New York, Harcourt Brace
Jovanovich, 1976. 311 p. E179.B96
16. Callaway, Llewellyn L. Two true tales of the wild West. Oakland, Maud Gonne Press, 1973. 120 p. F731.C33 1973
17. Carstensen, Vernon R., ed. The public lands. Madison,
University of Wisconsin Press, 1963. 522 p. HD216.C3 1963
18. Clark, Thomas D. Frontier America. New York, Scribner, 1959. 832 p. E179.5C48
19. Coblentz, Stanton A. Villains and vigilantes. New York, Wilson-Erickson, 1936. 261 p. F869.S3C58
20. Colton, Walter. Three years in California. New York, A.S. Barnes & Co., 1850. 456 p. F865.C7
21. Connolly, Christopher P. The devil learns to vote: the story of Montana. New York, Covice, Friede, 1938. 310 p. E731.C66
22. Crosby, Elisha A. Memoirs of Elisha Oscar Crosby. San Marino, Huntington Library, 1945. 110 p. F865.C9
23. De Veng, William. The establishment of law and order on the Western Plains. Portland, Ore., Optimist Press, 1915. 120 p. F868.D48
24. Dick, Everett N. The lure of the land. of Nebraska Press, 1970. 413 p.
25. The sod house frontier, 1854-1890. Century Co., 1937. 550 p.
Lincoln, University HF216.D5
New York, D. Appleton-F591.D54
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26. Dimsdale, Thomas J. The vigilantes of Montana. Ann Arbor, University Microfilm, 1966. 228 p.
F731.D572 Reprint of 1866 edition.
27. Donaldson, Thomas C. Idaho of yesterday. Caldwell, Ind., Caxton Printers, 1941. 406 p. F746.D6
28. Ebersole, Erza C., ed. The courts and legal profession of Iowa. Chicago, H.C. Cooper, Jr., 1907. 2 v.
JK6381.E2
29. Eblen, Jack E. The first and second United States empires, governors and territorial government, 1784-1912. Pittsburgh, University of Pittsburgh Press, 1968. 344 p. JK2556.E2
30. Field, Stephen J. Personal reminiscences of early days in California. New York, DaCapo Press, 1968. 248 p.
E664.F46A3 1880 Reprint of 1880 edition.
31. Flandrau, Charles E. Lawyers and courts of Minnesota prior
to and during its territorial period. St. Paul, Minnesota Historical Society, 1898. F601.M66 v.8
32. Forrest, Earle R. Arizona's dark and bloody ground. Caldwell, Ind., Caxton Printers, 1936. 370 p. HV6452.A7G7
33. Gard, Wayne. Frontier justice. Norman, University of Oklahoma Press, 1949. 324 p. F591.G215
34. Garnett, Porter and Mary F. Williams, eds. Papers of the San Francisco Committee of Vigilance of 1851. Berkeley University of California, 1910-1919. 3 v. F851.A15 v. 1-2, 4
35. Gould, Lewis L. Wyoming: a political history, 1868-1896. New Haven, Yale University Press, 1968. 298 p.
F761.G6
36. Graham, Hugh D. and Ted R. Gurr, eds. Violence in America:
historical and comparative perspective. Washington, Government Printing Office, 1969. 2 v. HN90.V5G7 1969
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37. Harding, Stephen S. Oration, by Hon. S.S. Harding, chief justice of Colorado. Denver, Byers & Dailey, 1864. 36 p.
E458 .4H18
38. Hayes, Benjamin. Pioneer notes from the diaries of Judge Benjamin Hayes, 1849-1875. Ed. by Marjorie F. Walcott. New York. Arno Press, 1976. 307 p. F867.H42
Reprint of 1929 edition.
39. Hibbard, Benjamin. A history of the public land policies. New York, Macmillan Co., 1924. 591 p. HD216.H5
40. Hicks, John D. The constitution of the northwest states. Lincoln, University of Nebraska, 1923. 162 p.
AS26.N2 v. 23
41. Hosmer, Hezekiah L. Montana. New York, New York Printing, 1866. 23 p. F731.H82
42. Hunt, Rockwell D. The genesis of California's first consti-tution (1846-1849). New York, Johnson Reprint Corp., 1973. 59 p. JK8725 1849
43. James, James A. Constitution and admission of Iowa into the Union. New York, Johnson Reprint Corp., 1973. 54 p.
HF2360.T37 no. 7 Reprint of 1900 edition.
44. Keleher, William A. Fabulous frontier: twelve New Mexico items. Rev. ed. Albuquerque, University of New Mexico
Press, 1962. 339 p. F801.K35 1962
45. Maxwell land grant: a New Mexico item. Rev. ed. New York, Argosy-Antiquarian, 1964. 166 p. F802.M38K4
46. Turmoil in New Mexico, 1846-1868. Santa Fe, Rydal Press, 1952. 534 p. F801.K355
47. Violence in Lincoln County, 1869-1881. Albuquerque, University of New Mexico Press, 1957. 390 p.
F802.L7K4
48. Langford, N. Vigilante days and ways: the pioneers of the Rockies, the makers and making of Montana and Idaho. Freeport, N.Y., Books for Libraries Press, 1912. 554 p. F731.L275
Reprint of 1912 edition.
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49. Lockwood, Francis C. Pioneer days in Arizona from the Spanish occupation to statehood, New York, Macmillan, 1932. 387 p. F811.L75
50. McConkey, F. The Bald Knobbers Forsyth, Mo., Groom & McConkey, 1887. 48 p. HV6452.M8 1883
51. McConnell, William J. Frontier law: a story of vigilante days. New York, AMS Press, 1974. 233 p. F594.M13
Reprint of 1924 edition.
52. Madison, Arnold. Vigilantism in America. New York, Seabury
Press, 1973. 181 p. E170.M18
53. Mercer, Asa S. The banditti of the plains. San Francisco, Grabhorn Press, 1935. 136 p. F61.M555
54. Miller, Joseph. Arizona, the last frontier. New York, Hastings, 1956. 250 p. F812.M52
55. Miller, William C. and Eleanor Bushnell, comps. Reports of the 1863 constitutional convention of the territory of Nevada: as written for The Territorial Enterprise by Andres J. Marsh & Samuel L. Clemens and for the Virginia Daily Union by Amas Bowman. Carson City, Legislative Counsel Bureau, State of Nevada, 1972. 504 p. JK8525 1863 .A155
56. Morris, Lucile. Bald Knobbers. Caldwell, Ind., Caxton Printers, 1939. 253 p. F472.09M7
57. O'Meara, James. The Vigilance Committee of 1856. San Francisco, J.H. Barry, 1887. 57 p. F869.S305
58. Otero, Miguel A. My life on the frontier. New York, Press of the Pioneers, 1935-39. 2 v. F801.088
59. Peltier, Jerome, ed. The banditti of the Rocky Mountains and vigilance committee in Idaho. Minneapolis, Ross & Haines, 1964. 190 p. F746.B265 1964
60. Pomeroy, Earl S. The territories and the United States 1861-1890; studies in colonial administration. Seattle, University of Washington Press, 1969. 163 p. JK2556.P6 1969
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61. Powell, Donald M. The Peralta Grant: James Addison Reavis and the Barony of Arizona. Norman, University of Oklahoma Press, 1960. 186 p. F811.R4P6
62. Prince, L. Bradford. New Mexico's struggle for statehood. Santa Fe, New Mexico Printing Co., 1910. 128 p.
F801.P82
63. Quaife, Milo M., ed. The attainment of statehood. Madison,
State Historical Society of Wisconsin, 1928. 965 p. F576.W81 v. 29
64.
65.
66.
The convention of 1846. Madison, State Historical Society of Wisconsin, 1919. 827 p. F576.W81 v. 27
The movement for statehood, 1845-46. Madison, State Historical Society of Wisconsin, 1918. 545 p.
F576.W81 v. 26
The struggle over ratification, 1846-1847. Madison, State Historical Society of Wisconsin, 1920. 716 p.
F576.W81 v. 28
67. Rister, Carl C. Southern Plainsmen. Norman, University
of Oklahoma, 1938. F596.R58
68. Robinson, W.W. Land in California. Berkeley, University of California Press, 1948. 291 p. HD211.C2R6
69. Rodman, Willoughby. History of the bench and bar of southern California. Los Angeles, W.J. Porter, 1909. 267 p.
F860.R69
70. Sanders, Helen F., ed. X. Beidler: vigilante. Norman, University of Oklahoma Press, 1957. 165 p. F731.B45
71. Shinn, Charles H. Mining camps, a study in American frontier government. Ed. by Rodman W. Paul. New York, Harper & Row, 1965. 316 p. F864.S58
Reprint of 1885 edition.
72. Land laws of mining districts. New York, Johnson Reprint
Corp., 1973. 83 p. H31.165 Reprint of 1884 edition.
73. Shoemaker, Floyd C. Missouri's struggle for statehood, 1804-1821. New York, Russell & Russell, 1969. 383 p.
F466.S59 1969
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74. A sketch of Missouri constitutional history during the territorial period. Columbia, n.p., 1914. 32 p.
JK5416.S5
75. Smith, Helena H. The war on Powder River. New York, McGraw-Hill, 1966. 320 p. F767.J8S6
76. Speer, Lucile. We, the people . . . ; an introduction to the Montana constitutional convention. Bozeman, Montana State University, 1971. 109 p. JK7325 1971 .S64
77. Spence, Clark C. Territorial politics and government in Montana, 1864-89. Urbana, University of Illinois Press, 1975. 332 p. F731.S63
78. Spencer, Layne G. And five were hanged: and other historical short stories of Pierce and the Oro Fino mining district.
Lewiston, Ind., Printcraft Print., 1968. 60 p.
F754.P5S6
79. Spiro, Edward. The baron of Arizona. New York, John Day Co., 1967. 304 p. F811.R4S65
80. Stevens, Herbert. Vigilantes ride in 1882. Fairfield, Wash., Ye Galleon Press, 1975. 22 p. HV6468.W2S73
81. Stewart, George R. Committee of Vigilance: revolution in San Francisco, 1851. Boston, Houghton, Mifflin, 1964. 339 p.
F869. S35768
82. Strong, Moses M. History of the territory of Wisconsin from 1836 to 1848. Madison, Democrat Printing Co., 1885. 637 p. F585.S.92
83. Swan, J. The northwest coast; or three years' residence in
Washington Territory. New York, Harper & Rowe, 1969.
F891.S97 1969 Reprint of 1857 edition.
84. Tappan, George H. Ex-chief justice Hall of Colorado Territory. Denver, 1864. 11 p. F780.H17
85. Towle, Virginia R. Vigilante woman. South Brunswick, N.J., A.S. Barnes, 1966. 182 p. F731.T68
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86. Turner, William R. Documents in relation to charges preferred by Stephen J. Field and others, before the House of Assembly
of the State of California, against Wm. R. Turner. San Francisco, Whitton, Towne & Co., 1856. 130 p.
JK8782.T8 1856
87. Valentine, Alan C. Vigilante justice. New York, Reynal, 1956. 173 p. F869.S3V3
88. Williams, Mary F. History of the San Francisco Committee of Vigilance of 1851. New York, Da Capo Press, 1969. 543 p. F869.S3W7 1970
Reprint of 1921 edition.
SECTION IV
Articles
1. Abbott, O.A. "Recollections of a pioneer lawyer." 11 Nebraska History Magazine 3-176 (1928).
2. Abramoshe, Donald J. "The public lands in early Missouri politics." 53 Missouri Historical Review 295-305 (1959).
3. Allen, James. "Ecclesiastical influence on local government in the territory of Utah." 8 Arizona and the West 35-48 (1965).
4. "The unusual jurisdiction of county probate courts in the territory of Utah." 36 Utah Historical Quarterly 132-142 (1968).
5. Altshuler, Constance W. "The case of Sylvester Mowry: the Mowry mine." 15 Arizona and the West 149-174 (1973).
6. Anderson, Harry H. "Deadwood, South Dakota: an effort at stability." 20 Montana Magazine of Western History 40-47 (1970).
7. Armstrong, John W. "Judicial murder: the opinion of Judge John W. Armstrong in the case of F.A. Spragin, convicted of first degree murder and the killing of T.W. More in March 1877." 5 Ventura County Historical Society Quarterly 18-20 (1949).
8. Babb, James E. "Judge E.P. Oliphant." 1920 Washington Historical Quarterly 254-265.
9. Baker, A.C. "Interview with Hon. A.C. Baker at Phoenix, Arizona, March 23, 1917." 2 Arizona Historical Review 73-78 (1929).
10. Bakken, Gordon M. "The English common law in the Rocky Mountain West." 11 Arizona and the West 109-128 (1969).
11. "The impact of the Colorado state constitution on Rocky Mountain constitution making." 47 Colorado Magazine 152-175 (1970).
12. "Judicial removal in Nevada." 8 Rocky Mountain Social Science Journal 109-118 (1971).
13. "Taxation of mineral wealth and the Nevada constitutional convention of 1864." 12 Nevada Historical Society Quarterly 7-15 (1969).
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14. "Voting patterns in the Wyoming constitution convention of 1889." 42 Annals of Wyoming 225-236 (1970).
15. Barker, Charles A. "Elisha Oscar Crosby: a California lawyer in the eighteen-fifties." 27 California Historical Society Quarterly 133-140 (1948).
16. Bates, J. Leonard. "Walsh of Montana in Dakota Territory: political beginnings, 1884-90." 56 Montana Magazine of Western History 2-15 (1969).
17. Berwanger, Eugene H. "The 'Black Law' question in ante-bellum California." 6 Journal of the West 205-220 (1967).
18. Bierer, A.G.C. "Early day courts and lawyers." 8 Chronicles of Oklahoma 2-12 (1930).
19. Bird, Annie Laurie. "Idaho's first territorial governor." 10 Idaho Yesterday 8-15 (1969).
20. Blew, Robert W. "Vigilantism in Los Angeles, 1835-1874." 54 Southern California Quarterly 11-30 (1972).
21. Bloom, Lansing B. "A lynching in Tucson in 1873 as written up by John G. Bourke." 19 New Mexico Historical Review 233-242 (1944).
22. Boatwright, Mody C. "The myth of frontier individualism." 22 Southwestern Social Science Quarterly 14-32 (1941).
23. Bogue, Allan G. "The Iowa claim clubs: symbol and substance." 45 Mississippi Valley Historical Review 231-245 (1958).
24. Bowman, J.N. "The original constitution of California of 1849." 28 California Historical Society Quarterly 193-197 (1949).
25. "The seal of the California Supreme Court." 33 California Historical Society Quarterly 73-75 (1954).
26. Briggs, John E. "The birth of the territory." 9 Palimpsest 8-29 (1928).
27. Brodhead, Michael J. "Accepting the verdict: national supremacy as expressed in state constitutions, 1861-1912." 13 Nevada Historical Society Quarterly 3-18 (1970).
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28. Brown, Loren N. "The Choctaw-Chickasaw court citizens." 16 Chronicles of Oklahoma 425-443 (1938).
29. Bryant, Dolores W. "Loaded words." 33 California Historical Society Quarterly 147-148 (1944).
30. Burg, B. Richard. "Administration of justice in the Denver's people's courts, 1859-1861." 7 Journal of the West 510-521 (1968).
31. "Vigilantes in lawless Denver: the city on the plains." 6 Great Plains Journal 68-84 (1967).
32. Burr, A.G. "Judge John McDowell Cochrane, 1859-1904." 9 North Dakota Historical Quarterly 203-218 (1942).
33. Bynum, Lindley. "Laws for the better government of California, 1848." 2 Pacific Historical Review 279-291 (1933).
34. Campbell, A.C. "Fading memories." 15 Annals of Wyoming 39-49 (1943).
35. Carey, Charles H. "The creation of Oregon as a state." 26 Quarterly of Oregon Historical Society 281-308 (1925).
36. Carter, Clarence E. "The transit of law to the frontier. 16 Journal of Mississippi History 183-192 (1954).
37. Caughey, John W. "Their majesties--the mob: vigilantes past and present." 26 Pacific Historical Review 217-234 (1957).
38. Chapman, Berlin B. "The day in court for the Kiowa, Comanche, and Apache tribes." 2 Great Plains Journal 1-21 (1962).
39. Chester, Edward W. "The Great Plains state constitutions and the Webb thesis." 10 Great Plains Journal 71-82 (1971).
40. Chickering, Allen L. "Samuel Norris: litigious pioneer." 25 California Historical Society Quarterly 219-228 (1946).
41. Clampett, John W. "The vigilantes of California, Idaho and Montana." 83 Harper's Monthly Magazine 442-451 (1891).
42. Clark, James R. "The kingdom of God, the council of fifty and the State of Deseret." 26 Utah Historical Quarterly 131-148 (1958).
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43. Clark, Robert E. "The Pueblo rights doctrine in New Mexico." 35 New Mexico Historical Review 265-283 (1959).
44. Cline, Dorothy I. "New Mexico's state constitution--yesterday and
today." 27 New Mexico Quarterly 257-262 (1958).
45. Cohn, Samuel F. "Martial law in Washington Territory." 27 Pacific Northwest Quarterly 239-287 (1941).
46. Cook, Claude R. "Territorial and state organization." 29 Annals of Iowa 599-607 (1947-49).
47. Cosgrove, George. "James McHall Jones: the judge that never presided." 20 California Historical Society Quarterly 97-116 (1941).
48. Cotton, Kenneth E. "Iowa's struggle for a territorial govern-ment." 21 Annals of Iowa 363-396 (1937-39).
49. Creer, Leland H. "The evolution of government in early Utah." 26 Utah Historical Quarterly 23-42 (1958).
50. Dakis Ruth and Mike N. Dakis. "Vigilantes on trial." 12 Idaho Yesterday 2-15 (1968).
51. Davis, William N., Jr. "State of Jefferson." 31 California Historical Society Quarterly 125-138 (1952).
52. "The Territory of Nataqua: an episode in pioneer government east of the Sierra." 21 California Historical Society Quarterly 225-238 (1942).
53. "Western justice: the court at Fort Bridges, Utah Territory." 23 Utah Historical Quarterly 99-125 (1955).
54. Davison, Stanley R. "1871: Montana's year of political fusion." 21 Montana Magazine of Western History 44-55 (1971).
55. "Dead Wood Basin, Idaho miners." 3 Idaho Yesterdays 30-31 (1958).
56. Dewald, Margaret R. "Oscar Samson: northeast Nebraska vigilante of 1868." 15 Nebraska History Magazine 96-100 (1934).
57. Doyle, Thomas H. "James Sanford Davenport, lawyer, statesman and
judge, 1864-1940." 22 Chronicles of Oklahoma 405-409 (1944).
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58. "The Supreme Court of the territory of Oklahoma." 13 Chronicles of Oklahoma 214-218 (1935).
59. Drake, Francis M. "Attorneys in Iowa in 1847." 34 Annals of Iowa 533-538 (1959).
60. Dunbar, Robert G. "The origins of the Colorado system of water-right control." 27 Colorado Magazine 241-262 (1950).
61. Duniway, David C. and Neil R. Riggs, eds. "The Oregon archives,
1841-1843." 60 Oregon Historical Quarterly 211-280 (1958).
62. Ellison, William H. "Constitution making in the land of gold." 18 Pacific Historical Review 319-220 (1949).
63. Ellsworth, S. George. "Utah's struggle for statehood." 31 Utah Historical Quarterly 526-535 (1969).
64. Fairfield, Ula K. "A pioneer lawyer and some dramatic incidents of Delta history." 23 Colorado Magazine 29-37 (1946).
65. Field, Alston G. "Attorney-General Black and the California land claims." 4 Pacific Historical Review 235-245 (1935).
66. Florcken, Herbert G., ed. "The law and order view of the San Francisco Vigilance Committee of 1856." 14-15 California Historical Society Quarterly 350-374, 70-87, 143-162, 247-265 (1935-36).
67. Foreman, Grant. "Oklahoma's first court." 13 Chronicles of Oklahoma 457-469 (1935).
68. Fowler, James H., II. "Constitution and conditions contrasted: Arizona and New Mexico, 1910." 13 Journal of the West 51-58 (1974).
69. Frederick, J.V. "The vigilantes in early Beaver." 16 Chronicles of Oklahoma 190-196 (1938).
70. Fritz, Percy S. "The constitutions and laws of early mining districts in Boulder County, Colorado." 21 The University of Colorado Studies 127-148 (1934).
71. Gary, Thomas G. "The San Francisco Vigilance Committee." 40 Atlantic Monthly 702-709 (1877).
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72. Gass, Olive. "The Vigilantes, Nebraska's first defenders." 14 Nebraska History Magazine 3-18 (1933).
73. Gates, Paul W. "Tenants of the log cabin." 49 Mississippi Valley Historical Review 3-31 (1962).
74. Gilbert, Benjamin F. "Mexican Alcaldes of San Francisco, 1835-1846." 2 Journal of the West 245-266 (1963).
75. Glass, Remley J. "The pioneer bench and bar of the twelfth judicial district of Iowa." 23 Annals of Iowa 3-34 (1941-42).
76. Goff, John S. "Isham Reavis, pioneer lawyer and judge." 54 Nebraska History 1-46 (1973).
77. Goodykoontz, Colin B. "Some controversial questions before the Colorado constitutional convention of 1876." 17 Colorado Magazine 1-17 (1940).
78. Gower, Calvin W. "Vigilantes." 41 Colorado Magazine 93-104 (1964).
79. Grahame, Orville F. "The vigilance committees." 6 Palimpsest 359-370 (1925).
80. Grover, David H. "Borah and the Haywood trial." 32 Pacific Historical Review 65-77 (1963).
81. "Diamondfield Jack: a range war in court." 7 Idaho Yesterdays 8-14 (1963).
82. Guice, John D.W. "Colorado's territorial courts." 45 Colorado Magazine 204-224 (1968).
83. "Moses Hallett, chief justice." 47 Colorado Magazine 136-151 (1970).
84. Hafen, LeRoy R., ed. "Letters of George M. Willing, delegate of Jefferson Territory." 17 Colorado Magazine 184-189 (1940).
85. Halloran, John J. "Pioneer bench and bar." 25 Annals of Iowa 43-58 (1943-44).
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86. Harris, Earl R. "Courthouse and jail rocks: landmarks on the Oregon Trail." 43 Nebraska History 29-52 (1962).
87. Hawley, James H. "Steve Adams' confession and the state's case against Bill Haywood." 7 Idaho Yesterdays 16-27 (1963-64).
88. Heflin, Reuben W. "New Mexico constitutional convention." 21 New Mexico Historicval Review 60-68 (1946).
89. Herriott, F.I. "Transplanting Iowa's laws to Oregon." 5 Quarterly of the Oregon Historical Society 139-150 (1904).
90. Hersey, Henry J. "The Colorado constitution." 3 Colorado Magazine 65-76 (1926).
91. Hicks, Jimmie. "The frontier and American law." 6 Great Plains Journal 53-67 (1967).
92. Hill, Jim D. "The early mining camp in American life." 1 Pacific Historical Review 295-311 (1932).
93. Hill, Walter B. "Frontier lawyer, T.P. Hill." 34 Annals of Wyoming 43-49 (1962).
94. Holden, W.C. "Law and lawlessness on the Texas frontier, 1875-1890." 44 Southwestern Historical Quarterly 188-203 (1940).
95. "Honorable John W. Kingman" 14 Annals of Wyoming 220-227 (1942).
96. Hubbard, Paul G. " A Toledo trade union and the Arizona consti-tution of 1910." 67 Ohio Historical Quarterly 109-128 (1958).
97. Hume, C. Ross. "Oklahoma history embedded in the law." 25 Chroni-cles of Oklahoma 92-101 (1947).
98. Ivins, Stanley S. "A constitution for Utah." 25 Utah Historical Quarterly 95-116 (1957).
99. Jarvis, Reed. "Crime and punishment in the United States Army: a phase in Fort Laramie history." 7 Journal of the West 246-255 (1968).
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100. Johansen, Robert W. "Oregon Territory's movement for self-government, 1848-1853." 26 Pacific Historical Review 17-32 (1957).
101. Johnson, Claudius O. "George Turner of the Supreme Court of Washington Territory." 44 Oregon Historical Quarterly 370-385 (1943).
102. Johnson, Jerome W. "Murder on the Uncompahgre." 43 Colorado Magazine 209-244 (1966).
103. Josephy, Alvin M. "Here in Nevada a terrible crime • • 21 American Heritage 93-100 (1970).
104. Kaiser, Chester C. "Jesse Quinn Thorton." 5 Marion County History 60-63 (1958).
105. Katz, Willie A. "Benjamin F. Kendall, territorial politician." 49 Pacific Northwest Quarterly 29-39 (1958).
106. Keleher, W.A. "Law of the New Mexico land grant." 4 New Mexico Historical Review 350-371 (1929).
107. Kelly, James K. "History of the preparation of the first code of Oregon." 4 Quarterly of the Oregon Historical Society 185-194 (1903).
108. Keppel, Ann M. "Civil disobedience on the mining frontier." 41 Wisconsin Magazine of History 185-195 (1958).
109. Kinchen, Oscar A. "The abortive territory of Cimarron." 23 Chronicles of Oklahoma 218-231 (1945).
110. King of William, James. "Rejoice ye thieves and harlots." The vigilance editorials of the San Francisco journalist James King of William. Ed. by Richard H. Dillon. 37 California Historical Society Quarterly 137-169 (1958).
111. Kingston, C.C. "The Oregon convention of 1843." 22 Washington Historical Quarterly 163-171 (1931).
112. Kissane, Leidice. "The Haywood trial: Steve Adams." 4 Idaho Yesterdays 18-21 (1959).
113. Klingaman, O.E. "Background to the establishment of the territory of Iowa." 21 Annals of Iowa 335-362 (1937-39).
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114. Knapp, Lebbeus J. "The origins of the constitution of the State of Washington." 4 Washington Historical Quarterly 227-275 (1913).
115. Knight, Oliver. "Fifty years of Choctaw law, 1834 to 1884." 31 Chronicles of Oklahoma 76-95 (1953).
116. Kreuter, Gretchen and Ken Kreuter. "Frank B. Kellogg and the practice of law in Dakota Territory." 37 North Dakota History 57-62 (1970).
117. Lamar, Howard R. "Statehood for Utah: a different path." 39 Utah Historical Quarterly 307-327 (1971).
118. Langum, David J. "Pioneer justice on the overland trails." 5 Western Historical Quarterly 421-439 (1974).
119. Larson, T. Alfred. "Wyoming statehood." 37 Annals of Wyoming 5-29 (1965).
120. Lee, Lawrence. "The Homestead Act: vision and reality." 30 Utah Historical Quarterly 215-236 (1962).
121. Leggott, Richard C. "A court house at a bargain." 27 Annals of Iowa 37-43 (1943-46).
122. Lehmann, F.W. "The constitution of 1820." 16 Missouri Historical Review 239-246 (1921-22).
123. Littlefield, Daniel J. and Lonnie E. Underhill. "Divorce seekers
paradise: Oklahoma Territory, 1890-1897." 17 Arizona and the West 21-34 (1975).
124. Lowenberg, R.J. "Elijah White vs. Jason Lee: a tale of hard times." 11 Journal of the West 636-662 (1972).
125. Logan, H.M. "Courts and lawyers of Mills County and southwest Iowa." 31 Annals of Iowa 444-450 (1951-53).
126. Lokken, Roy N. "The martial law controversy in Washington Territory, 1856." 43 Pacific Northwest Quarterly 91-119 (1952).
127. Lowitt, Richard. "Norris and Nebraska, 1885-1890." 39 Nebraska History 23-39 (1958).
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128. Mabry, Thomas J. "New Mexico's constitution in the making--reminiscences of 1910." 19 New Mexico Historical Review 168-184 (1944).
129. McDermott, John D. "Crime and punishment in the United States Army." 7 Journal of the West 245-255 (1968).
130. McLaughlin, William M. "Judge Joseph Williams: territorial justice of Iowa Supreme Court." 25 Annals of Iowa 87-98
(1943-44).
131. Mahan, Bruce E. "Judge Joseph Williams." 5 Palimpsest 85-101
(1924).
132. Marshall, Thomas M. "The miners' laws of Colorado." 25 American Historical Review 426-439 (1919-20).
133. "A memorial to the members of the constitutional convention of Wyoming." 12 Annals of Wyoming 273-294 (1940).
134. Merrill, Maurice. "The laws which have governed Cleveland County." 52 Chronicles of Oklahoma 476-482 (1974-75).
135. Meserne, John Bartlett. "From Parker to Poe, being a brief sketch of the early judiciary of Tulsa County." 16 Chronicles of Oklahoma 89-96 (1938).
136. Meyers, Elmer H. "The constitution of Colorado." 2 Iowa Journal of History and Politics 256-274 (1904).
137. Middleton, Annie. "The Texas convention of 1845." 25 South-western Historical Quarterly 26-52 (1921-22).
138. Million, Elmer G. "Frontier legal process: Parish vs. Gray, 1846." 73 Oregon Historical Quarterly 245-257 (1952).
139. Moore, Waddy W. "Some aspects of crime and punishment on the Arkansas frontier." 23 Arkansas Historical Quarterly 50-64 (1964).
140. Morgan, Dale L. "The State of Deseret." 8 Utah Historical Quarterly 65-239 (1940).
141. Mothershead, Harmo. "Negro rights in Colorado Territory." 40 Colorado Magazine 212-223 (1963).
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142. Murray, Robert A. "The Custer court martial." 36 Annals of Wyoming 175-184 (1964).
143. Murray, Robert B. "The Supreme Court of Colorado Territory." 44 Colorado Magazine 20-34 (1967).
144. Myers, Rex C. "The fateful numbers 3-7-77: a re-examination."
24 Montana Magazine of Western History 67-70 (1974).
145. Nash, A.E. Keer. "The Texas Supreme Court and trial rights of Blacks, 1845-1860." 58 Journal of American History 622-642 (1971).
146. Nevada Mining District, Gilpen County, Colorado. "Nevada district mining laws, Gilpen County, Colorado." 36 Colorado Magazine 130-146 (1958).
147. "Notes and documents: the brush court in Indian Territory." 46 Chronicles of Oklahoma 201-210 (1968).
148. Oliphant, Ethelburt P. "Judge E.P. Oliphant." Ed. by James E. Babb. 11 Washington Historical Quarterly 254-265 (1920).
149. Oro Fino Mining District 60. "Mining laws of the Oro Fino district." 3 Idaho Yesterdays 18 (1959).
150. Owens, Kenneth N. "Judge Lynch in Washington Territory."
55 Pacific North West Quarterly 177-180 (1964).
151. Pall, Richard D. "A state is born." 32 Utah Historical Quarterly 9-31 (1964).
152. Palsson, Mary D. "The Arizona constitutional convention of 1910:
delegates in Pima County." 16 Arizona and the West 111-125 (1974).
153. Paxson, Frederic L. "The constitution of Texas, 1845."
18 Southwestern Historical Quarterly 386-398 (1914-15).
154. Peterson, Henry J. "The regulation by law of elections in the
territory of Iowa." 5 Iowa Journal of History and Politics 493-533 (1907).
155. Pomeroy, Earl S. "Running a territory: they had their troubles." 14 Idaho Yesterdays 10-13 (1970).
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156. ed. "The trial of the Hounds, 1849: a witness' account." 29 California Historical Society Quarterly 161-165 (1950).
157. Price, Eliphalet. "The trial and execution of Patrick O'Connor at the Dubuque mines in the summer of 1834." 40 Palimpsest 245-256 (1958).
158. Radlowski, Edmund E. "Law and order at Cripple Creek, 1890-1900." 8 Journal of the West 346-355 (1969).
159. Rasch, Philip J. "The people of the territory of New Mexico vs. the Santa Fe Ring." 47 New Mexico Historical Review
185-202 (1972).
160. Richards, Kent D. "Washoe Territory: rudimentary government in Nevada." 11 Arizona and the West 213-232 (1969).
161. Riss, Jean F. "The lynching of Francisco Torres." 2 Journal of Mexican American History 90-121 (1972).
162. Robeson, George F. "Justice in early Iowa." 5 Palimpsest 102-113 (1924).
163. Robinson, Willard B. "The public square as a determinant of courthouse form in Texas." 75 South Western Historical
Quarterly 339-372 (1972).
164. Ross, Russell M. "The development of the Iowa constitution of 1857." 55 Iowa Journal of History and Politics 97-114
(1957).
165. Sacks, B. "The creation of the territory of Arizona." (Parts I and II.) 5 Arizona and the West 29-62, 109-148
(1963).
166. Schulz, Vauna S. "Pioneer justice in Douglas County." 24 Colorado Magazine 123-126 (1947).
167. Sefton, Donna K. "Justice in old time." 2 San Diego Histori-cal Society Quarterly 52-54 (1958).
168. Sharp, Verna. "Law and order comes to Montezuma." 39 Colorado Magazine 215-223, 300-304 (1962).
- 73-
169. Shoemaker, Floyd C. "The first constitution of Missouri."
6 Missouri Historical Review 51-63 (1911-12).
170. Simme, Henry H. "The controversy over the admission of the State of Oregon." 32 Mississippi Valley Historical Review 355-374 (1945-46).
171. Smith, Alice E. "Courts and judges in Wisconsin Territory. 56 Wisconsin Magazine of History 179-188 (1973).
172. Smurr, John W. "Afterthoughts on the vigilantes." 8 Montana Magazine 8-20 (1958).
173. Spence, Clark C. "Territorial bench in Montana: 1864-1889." 13 Montana Magazine of the West 25-32; 57-65 (1963).
174. Steele, Robert W. "Jefferson Territory (Colorado) and its resources, 1859." 14 Colorado Magazine 43-48 (1937).
175. Stiles, Edward H. "E.H. Stiles reviews Ottumwas' early
history." 57 Iowa Journal of History 334-338.
176. Still, Bayrd. "California's first constitution: a reflection of the political philosophy of the frontier." 4 Pacific Historical Review 221-234 (1935).
177. Swisher, J.A. "Constitution making in 1857." 7 Palimpsest 83-93 (1926).
178. "Creation of the territory." 17 Palimpsest 69-78 (1936).
179. "The first land sales." 19 Palimpsest 146-155, 469-477 (1938).
180. "Government by ordinance." 19 Palimpsest 146-155 (1938).
181. "Government comes to Iowa." 15 Palimpsest 67-78 (1934).
182. "The organic act." 19 Palimpsest 205-214 (1938).
183. Teetar, Henry D. "Hon. Moses Hallett." 9 Magazine of Western History 613-614 (1889).
184. Teiser, Sidney. "Cyrus Olney, associate justice of Oregon
Territory Supreme Court." 64 Oregon Historical Quarterly 309-322 (1963).
- 74-
185. "First associate justice of Oregon Territory: O.C. Pratt." 49 Oregon Historical Quarterly 171-191 (1948).
186. "The first chief justice of Oregon Territory: William P. Bryant." 48 Oregon Historical Quarterly 45-54 (1947).
187. "Life of George H. Williams: almost chief-justice." 47 Oregon Historical Quarterly 255-280, 417-440 (1946).
188. "A pioneer judge of Oregon, Mathew P. Deady." 44 Oregon Historical Quarterly 61-81 (1943).
189. "The second chief justice of Oregon Territory: Thomas Nelson." 48 Oregon Historical Quarterly 214-224 (1947).
190. Thomas, Charles S. "The pioneer bar of Colorado." 1 Colorado Magazine 193-204 (1924).
191. Thompson, William P. "Courts of the Cherokee Nation." 2 Chronicles of Oklahoma 63-74 (1924).
192. Tittman, Edward D. "Confederate courts in New Mexico." 3 New Mexico Historical Review 347-356 (1928).
193. "New Mexico constitutional convention: recollections." 17 New Mexico Historical Review 177-186 (1952).
194. Townes, John C. "Sketch of the development of the judicial system of Texas." 2 Quarterly of the Texas Historical Association 29-53, 134-151 (1898-99).
195. Tuttle, Edward D. "Arizona begins law-making." 1 Arizona Historical Review 50-62 (1928).
196. Twitchell, Ralph E. "Kirby Benedict." 1 Old Santa Fe 50-92 (1913).
197. Uhlenhopp, Harvey. "Judicial reorganization in Iowa." 44 Iowa Law Review 6-74 (1958).
198. Underhill, W.M. "Poor day for hanging." 3 Montana Magazine of History 47 (1953).
199. Unrau, William E. "Justice at Fort Laramine: the trial and tribulations of a galvanized yankee." 15 Arizona and the West 107-132 (1973).
- 75 -
200. Walfinger, Henry J. "A reexamination of the Woodruff manifesto
in the light of Utah's constitutional history." 39 Utah Historical Quarterly 337-352 (1969).
201. Walker, Charles S., Jr. "Confederate government in Dona Ana County, as shown in the records of the probate court,
1861-1862." 6 New Mexico Historical Review 253-302 (1931).
202. Ware, Eugene F. "An Iowa pioneer." 6 Annals of Iowa 282-288 (1903-05).
203.
204.
205.
206.
207.
"Journal of Cyrus Sanders." 37 Iowa Journal of History and Politics 52-88 (1939).
"Locating a new home." 23 Annals of Iowa 138-149 (1941-42).
"Pioneer life in Palo Alto County: memoirs of Elta May Lacey Crowder." 46 .Iowa Journal of History and Politics 156-198 (1948).
"Reminiscences of early Iowa." 52 Iowa Journal of History and Politics 343-364 (1954).
"Sketch of Edward Longworthy." 8 Iowa Journal of History and Politics 340-343 (1910).
208. Warren, August B. "'Judge' Robert Thompson." 30 California Historical Society Quarterly 237-248 (1951).
209. Wells, Merle W. "The creation of the territory of Idaho.
40 Pacific Northwest Quarterly 106-123 (1949).
210. White, Lonnie J. "Arkansas territorial Indian affairs."
21 Arkansas Historical Quarterly 193-212 (1962).
21]. Wikoff, Peter. "The bench and bar of Colorado." 9 Magazine of Western History 605-613 (1889).
212. "William Strong, associate justice of the territorial courts."
64 Oregon Historical Quarterly 293-307 (1963).
213. Williams, Charles G. "The Cane Hill murders of 1839 in history and literature." 29 Arkansas Historical Quarterly 209-214 (1970).
- 76-
214. Williams, Francis S. "Trials and judgments of the people's court of Denver." 27 Colorado Magazine 295-302 (1950).
215. Williams, Jennie W. "Diary of William A. Carter." 11 Annals of Wyoming 75-110 (1935).
216. Williams, Ora. "Contemporary editorial opinion of the 1857 constitution." 55 Iowa Journal of History and Politics
115-146 (1957).
217. "Iowa's Supreme Court: territorial and state supreme court justices in review." 26 Annals of Iowa 3-22, 138-154, 205-228, 275-289 (1944-45).
218. Wright, Dana. "Organic act of Dakota Territory." 1 South Dakota Historical Review 167-176 (1935-36).
219. Wynn, Leila. "History of the civil courts of Texas." 60 South West Historical Quarterly 1-17 (1956).
220. Yost, Genevieve. "History of lynchings in Kansas." 2 Kansas Historical Quarterly 182-219 (1933).
221. Zweig, Sheldon S. "The constitution of Jefferson Territory." 12 Colorado Magazine 215-220 (1935).
PART III
Finding Aid
This is a finding aid, not a comprehensive or detailed
index. It should be used as a preliminary reference guide. There
are two parts; a geographic-subject section and a biographical
section. In each one the numbers refer to the four sections of the
bibliography. Thus, number IV-10 refers to item number 10 in sec-
tion IV of the bibliography.
Section I, the geographic-subject section, is in alpha-
betical order by name of the state. For most states there are five
subject categories: Bench and Bar, Constitutional and Political
History, Courts, General Legal History; and Vigilantism, Rudimen-
tary Governments and Other Extra-Legal Activities. Occasionally a
book or article has been assigned to more than one category, but
this is unusual.
Those books and articles assigned to the category, Bench
and Bar, are usually biographical or anecdotal in nature. Items
discussing court history or organization are found under the cate-
gory, Courts.
The heading Vigilantism, Rudimentary Governments and Other
Extra-Legal Activities was used to group all material dealing with
the various attempts at self-government so prevalent throughout the
-77 -
- 78 -
American western frontier. Here are found works on such subjects
as vigilance committees, people's courts, miners' codes or
abortive territorial or state governments.
It was decided to exclude these items from the category,
Constitutional and Political History. This category is limited,
on the whole, to the political history of an area after the creation
of an official territorial government. Also included are accounts
detailing the creation and adoption of the first state constitutions.
The General Legal History heading is, as the name implies,
a catch-all category, and it contains those items which were not
specific enough to be placed in one of the other four.
All items in the biographical section are included in the
geographic-subject section as well. No attempt was made to peruse
all items or to list every individual mentioned in every book or arti-
cle. However, if the title of the work or the annotation indicates
that an attorney or judge is singled out, the name of that person is
found in this section.
SECTION I
Geographic - Subject
General
Constitutional and Political History
IV-27, IV-39
Courts
11-45
III-10
General Legal History
1-30, 1-32, 1-47, 1-49, 1-52, 1-68, 1-70
11-23, 11-43, 11-53, 11-67, 11-71, 11-72
III-10, 111-17, 111-18, 111-24, 111-25, 111-29 111-39, 111-60, 111-67, 111-71, 111-72
1V-22, IV-36, IV-38, IV-73, IV-91, IV-118, 1V-120, IV-129
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
11-77
111-13, 111-15, 111-33, 111-36, 111-51, 111-52
Arkansas
Bench and Bar
1-27
Courts
11-86
- 79 -
-80 -
Arkansas (continued)
General Legal History
1V-139, IV-210, IV-213
Arizona
Bench and Bar
1-34, 1-58, 1-59
1V-9
Constitutional and Political History
IV-68, 1V-96, 1V-152, IV-165, 1V-195
Courts
1-34
11-35
111-3
General Legal History
1I-36
111-32, 111-49, 111-54, 111-61, 111-79
1V-5
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
IV-21
- 81 -
California
Bench and Bar
1-3, 1-25, 1-50, 1-51, 1-67, 1-69, 1-74, 1-75, 1-79, 1-80
11-32, 11-48
111-6, 111-19, 111-69, 111-86
IV-15, IV-47, IV-208
Constitutional and Politi_cal History
1-31
II-11, 11-21, 11-91
111-42
1V-24, 1V-62, IV-176
Courts
11-68
IV-25
General Legal History
1-9, 1-14, 1-17, 1-25, 1-26, 1-31, 1-38, 1-42, 1-48, 1-54, 1-71, 1-75, 1-79, 1-80, 1-82, 1-83, 1-87
II-11, 11-18, 11-20, 11-29, 11-62, 11-66, 11-89, 11-90, 11-105, 11-106
111-14, 111-20, 111-22, 111-30, 111-68
IV-7, IV-17, IV-29, IV-33, 1V-40, 1V-65, IV-74,
IV-92, 1V-124, IV-167
-82 -
California (continued)
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
1-3
11-103
111-4, 111-34, 111-57, 111-81, 111-87, 111-88
IV-20, IV-37, IV-41, IV-66, 1V-71, IV-110, IV-156
Colorado
Bench and Bar
11-79, 11-87, 11-92
III-11, 111-37, 111-84
IV-64, IV-83, IV-183, IV-190, IV-211
Constitutional and Political History
11-24, 11-75
IV-11, 1V-51, IV-70, IV-77, IV-84, IV-90, IV-136, IV-222
Courts
1-37
11-3, 11-6, 11-25, 11-28, 11-43, 11-75, 11-93
IV-82, IV-143
General Legal History
1-28, 1-60
11-2, 11-6, 11-25, 11-48, 11-54, 11-75, 11-79, 11-82, 11-88, 11-99
III- 58
-83 -
Colorado (continued)
General Legal History (continued)
IV-10, 1V-60, IV-102, 1V-132, IV-141, IV-158, IV-166, IV-168, IV-174, IV-183
Vigilantism, Rudimentary Governments and Othr Extra-Legal Activities
1-60
11-76, 11-82
IV-30, IV-31, IV-51, 1V-70, IV-78, 1V-84, 1V-146, IV-214, IV-221
Idaho
Bench and Bar
11-94
Constitutional and Political History
1-36
111-41
IV-81, IV-209
General Legal History
1-36, 1-57
111-27
IV-8, IV-19, IV-80, 1V-81, IV-87, IV-112, IV-149, IV-155
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
111-48, 111-59, 111-78
IV-41, IV-50, IV-55, IV-149
-84 -
Iowa
Bench and Bar
1-6, 1-29, 1-61
111-28
1V-59, 1V-75, 1V-85, 1V-125, 1V-130, 1V-131, 1V-203, 1V-207
Constitutional and Political History
1-72
111-43
1V-46, 1V-48, 1V-113, 1V-154, 1V-164, 1V-177, 1V-178, 1V-180, 1V-181, 1V-182
Courts
1V-121, 1V-125, 1V-197, 1V-218
General Legal History
1-61
1V-26, 1V-162, 1V-175, 1V-179, 1V-202, 1V-204, 1V-205, 1V-206
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
1V-23, 1V-79, 1V-157
Kansas
General Legal History
11-102
111-23, 111-58
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
1V-220
-85 -
Minnesota
Bench and Bar
111-31
Constitutional and Political History
111-2
General Legal History
11-81
Missouri
Bench and Bar
1-4, 1-7, 1-33, 1-56, 1-81
11-69
Constitutional and Political History
111-73, 111-74
1V-122, 1V-169
General Legal History
1-2, 1-24
11-15, 11-55
1V-2
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
111-50, 111-56
-86 -
Montana
Bench and Bar
IV-173
Constitutional and Political History
11-40
111-76, 111-77
1V-16, 1V-54
Courts
1-37
11-3, 11-38
1V-173
General Legal History
11-2, 11-38
111-16, 111-21, 111-41
IV-10, IV-11, IV-144
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
111-8, 111-9, 111-26, 111-48, 111-52, 111-70, 111-85
IV-41, IV-172, 1V-198
Nebraska
Bench and Bar
I-1
11-98
IV-1, IV-76
- 87 -
Nebraska (continued)
General Legal History
11-98
111-23
1V-86, 1V-127
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
1V-56, 1V-72
Nevada
Bench and Bar
1-8
Constitutional and Political History
1-13
111-55
1V-13
Courts
1V-12
General Legal History
1V-103
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
1V-52, 1V-160
-88 -
New Mexico
Bench and Bar
1-62
Constitutional and Political History
1-22
111-62
1V-44, IV-68, 1V-88, IV-128, IV-193
Courts
1-62
IV-192
General Legal History
1-44, 1-63
11-16, 11-97, 11-98
111-12, 111-44, 111-45, 111-46, 111-47, 111-58
IV-43, IV-106, 1V-159, IV-196, IV-201
North Dakota
Bench and Bar
IV-116
Constitutional and Political History
III-1
IV-218
General Legal History
1-28
111-7
IV-32
- 89 -
Oklahoma (Indian Territory)
Bench and Bar
1-20
11-8
IV-135
Constitutional and Political History
11-7
Courts
11-8, 11-34, 11-42, 11-84
IV-28, IV-58, 1V-67, IV-147, 1V-191
General Legal History
1-18, 1-23, 1-39, 1-40, 1-73
11-7, 11-22, 11-30, II-101
1V-18, 1V-57, IV-97, IV-115, IV-123, IV-134
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
IV-69, IV-109
Oregon
Bench and Bar
1-10, 1-15, 1-43, 1-84
11-5, 11-59
1V-104, IV-184, IV-185, IV-186, IV-187, IV-188, 1V-189 1V-212
-90 -
Oregon (continued)
Constitutional and Political History
11-51
111-40
IV-35, IV-100, IV-111, IV-170
Courts
1-15
11-5, 11-51, 11-80, 11-85
General Legal History
1-64, 1-84, 1-85
11-4, 11-41, 11-83
1V-61, 1V-89, 1V-107, IV-138
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
111-48
South Dakota
Bench and Bar
II-1, 11-19
Constitutional and Political History
IV-218
Courts
II-1, 11-73
General Legal History
11-17, 11-31, 11-37
111-7
IV-6
- 91 -
South Dakota (continued)
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
11-37
Texas
Bench and Bar
1-16, 1-19, 1-77, 1-86
Constitutional and Political History
1V-137, 1V-153
Courts
1-19
11-33
1V-145, IV-194, IV-219
General Legal History
1-11, 1-12, 1-21, 1-28, 1-78
11-12, 11-26, 11-39, 11-60, 11-63, 11-64, 11-65 II-100, 11-104
1V-94, 1V-163
Utah
Bench and Bar
1-35
Constitutional and Political History
11-27
1V-49, 1V-63, 1V-98, 1V-117, 1V-140, 1V-151, 1V-200
-92 -
Utah (continued)
Courts
11-3
1V-4, 1V-53
General Legal History
1-35
11-58, 11-95
111-5
1V-3
Vigilantism, Rudimentary Governments and Other Extra-Legal
Activities
IV-42
Washington
Bench and Bar
1-66, 1-84
11-5, 11-13, 11-14, 11-46, 11-61
IV-101, IV-105,1V-148
Constitutional and Political History
11-50
111-40
1V-114
Courts
1-66
11-5, 11-46, 11-49, 11-50
-93 -
General Legal History
1-84
111-83
IV-45, IV-126, 1V-150
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
111-48, 111-80
Wisconsin
Bench and Bar
1-2
Constitutional and Political History
1-53
II-10
111-63, 111-64, 111-65, 111-66, 111-82
Courts
1-2, 1-55
IV-171
General Legal History
1-5, 1-41, 1-45, 1-46, 1-47, 1-53, 1-65, 1-88
11-56
1V-108
-94 -
Wyoming
Bench and Bar
11-9, 11-70
1V-93, 1V-95, 1V-215
Constitutional and Political History
IV-14, 1V-119, IV-133
Courts
1-37
11-3
1V-53
General Legal History
1-28
11-2, 11-57
111-35
IV-10, IV-11, IV-34, IV-99, 1V-142, 1V-199
Vigilantism, Rudimentary Governments and Other Extra-Legal Activities
111-48, 111-53, 111-75
SECTION II
Biographical
Abbott, Othman A.
I-1
IV-1
Anderson, Alexander
11-52
Armstrong, John W.
Baker, A.C.
IV-9
Belcher, Isaac S.
11-52
Benedict, Kirby
1-44
1V-197
Bennett, Nathaniel
11-52
Bennett, Peter H.
11-52
Bryan, Charles H.
11-52
-95 -
Bryant, William P.
1-85
11-51
1V-187
Campbell, A.C.
1V-33
Carter, William A.
1V-216
Clark, John B.
11-69
Cochrane, John M.
1V-32
Cope, W.W.
11-52
Crockett, Joseph B.
11-52
Crocker,E.B.
11-52
Crosby, Elisha 0.
1V-15
Currey, John
11-52
Davenport, James S.
1V-57
Deady, Mathew P.
1-15
11-83
1V-189
Field, Stephen J.
1-9, 1-48, 1-82
11-52, 11-78
111-30
Fernald, Charles
1-25
Hall, Benjamin F.
11-43, 11-44
111-83
Hallett, Moses
11-74, 11-99
1V-184
Harding, Stephen S.
11-43, 11-45
111-37
Hardy, James H.
11-91
Hasting, S. Clinton
11-52
Hawley, James H.
1-57
Hayes, Benjamin
111-38
Heydenfeldt, Solomon
11-52
Hill, T.P.
1V-93
Hoyt, John P.
11-46
Jones, James M.
1V-47
Kellogg, Frank B.
1V-116
Kendall, Benjamin F.
1V-105
Kingman, John W.
1V-217
Knowles, Hiram
11-38
Langworthy, Edward
1V-208
Legett, Kervin K.
1-78
Leonard, Abril
11-69
Lyon, Harry A.
11-52
Lyon, William Penn
1-41
McBride, Thomas A.
11-59
McLeary, James H.
III-11
McGilora, John J.
11-61
McKee, Samuel B.
11-52
McKinstry, Elisha
11-52
Morrison, Robert R.
11-52
- 100 -
Murray, Hugh C.
11-52
Myrick, Milton M.
11-52
Nelson, Thomas
IV-190
Niles, Addison C.
11-52
Norton, Edward
11-52
Oliphant, E.P.
IV-8
Olney, Cyrus
IV-185
Parker, Isaac
1-18, 1-23, 1-39, 1-40, 1-73
11-22
1V-135
Peck, William W.
11-57
Pratt, O.C.
11-51
IV-186
Reavis, Isham
IV-76
Rhodes, Augustus L.
11-52
Ross, Erskine M.
11-52
Ryan, Edward G.
1-5
Sanders, Cyrus
1V-204
Sanderson, Silas W.
11-52
Sawyer, Lorenzo
11-52
Shafter, Oscar Lovell
1-71
11-52
Sharpstein, John
11-52
Strong, William
IV-213
Temple, Jackson
11-52
Terry, David S.
1-87
11-52
111-14
Thompson, Robert
1V-209
Thornton, James D.
11-52
Thornton, Jesse Q.
1V-104
Turner, George
11-50
IV-101
Wallace, William T.
11-52
Wells, Alexander
11-52
Williams, George H.
1V-187
Williams, Joseph
111-131
1V-130
