[From The History of Nevada, edited by Sam P. Davis, vol. I (1912)]

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CHAPTER X.

BY HON. FRANK H. NORCROSS.

            The history of the Bench and Bar of Nevada may be divided into three periods. First, the period when Nevada was a part of the Territory of Utah; second, from the organization of the Territorial Government of Nevada to the organization of the State government ; third, from the organization of the State Government to the present time.

            The Utah Regime.—Prior to the organization of Carson County, Utah, Territory, there appears to have been little necessity for courts within the vast, nearly uninhabited territory lying between the Great Salt Lake and the Sierra Nevada Mountains. The Legislative Assembly of Utah Territory, by an act approved by Governor Brigham Young, January 17, 1854, created Carson County, which embraced the major portion of what is now Nevada. By the terms of the act of the Governor was empowered "to appoint a Probate Judge for said county, when he shall deem it expedient, and said Probate Judge, when appointed, shall proceed to organize said county, by dividing the county into precincts and causing an election to be held according to law, to fill the various county and precinct offices and locate the county-seat thereof."

            Prior to the organization of the county, however, a squatter government was established at "Mormon Station" (now Genoa). As early as 1853, one E. L. Barnard was acting as Justice of the Peace, and the first case ever instituted in the territory was begun on March 14 of that year. The case was entitled John Reese v. Woodward & Co., and was an attachment suit for the recovery of $675.

            "An Act in relation to the Judiciary," adopted by the Legislative council and approved by the Governor of Utah Territory, February 4, 1852, established District, Probate and County courts. In the case of District courts it was provided that "by the consent of the court and the parties any person may be selected to act as judge for the trial of any particu-

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lar cause or question ; and while thus acting he shall possess all the powers of the District Judge in the case." This provision had at least the merit of elasticity in relieving courts from congestion.

            By this act, Probate Judges in their respective counties, in addition to having the ordinary jurisdiction of such courts in estate and guardianship matters, had power "to exercise original jurisdiction both civil and criminal, as well in chancery as at common law, when not prohibited by legislative enactments." Appeals were allowed therefrom to the District Court. Probate Courts were provided with a clerk and were courts of record.

            The act further provided that "The Probate Judge, in connection with the select men is hereby invested with the usual powers and jurisdiction of county commissioners, * * * and in this connection they shall be known as the county court." This court had "the management of all county business." It will thus be seen that the Probate Judge was a functionary of no little importance.

            In 1855, Orson Hyde was appointed Probate Judge for Carson County, and proceeded to organize the county by establishing the county seat at Mormon Station, giving to it the name Genoa.

            On the third of October, 1855, the first session of the Probate Court was held. The first record entry was in the case of James McIntyre v. Asa A. Knouse, and was designated an action of "debit and damages." The proceedings upon that day seem to have consisted of the filing of the complaint for recovery of $187.75. A copy of the complaint and writ were issued, which latter was made returnable October 12, at nine o'clock. "On this day," says the record, "parties met at Cowin's house, and proceeded to trial without a jury, by agreement. Defendant filed his answer, and set off in the sum of $209.25, leaving a balance in his favor of $19.50. The court, on hearing the evidence and the pleas of the parties, and on careful examination of the accounts, ordered that judgment be rendered against McIntyre, the plaintiff, in, the sum of $24.50 (more than was asked in the set-off), together with the costs of suit, $14.00; making the full amount of judgment against the plaintiff of $38.50."

THE FIRST CRIMINAL CASE.

            On the 2nd of November, 1855, this court exercised its criminal jurisdiction for the first time in the case of a negro named Thacker, who was

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brought before Hyde, as Probate Judge, "for using language of a highly threatening character," he, Thacker, having said "That he had spite enough in his heart against A. J. Wyckoff to kill him," and "that he could cut the heart out of Mrs. Jacob Rose and roast it on the coals."

            This inhuman wretch was dealt with in the vigorous manner following, as shown by the "docket." To protect the life of Thacker being taken on the spot, the judge ordered his arrest, and although the language was proven to have been uttered by the accused, yet the Judge held that it was no threat; but, nevertheless, summed up by taxing Thacker with fifty dollars, for costs of suit, and advising him, "for his own safety," to go over the mountains to his master, in California.

            The court records the remark that "A man may have malice enough at heart to kill another and judgment and discretion to prevent him from committing the deed ; he may have the ability to cut a lady's heart out and roast it upon the coals, and at the same time he may have sense enough not to do it."

            First Admission to the Bar.—On the 2d of November, 1855, Dr. Charles D. Daggett and Solomon C. Perren were admitted to practice before the Probate Court.

            By the Act of Congress, approved September 9, 1850, creating the Territory of Utah, it was provided "That the judicial power of said territory shall be vested in a Supreme Court, district courts, probate courts and justices of the peace." The Supreme Court consisted of a chief justice and two associate justices who were to be appointed by the President. Their salary was fixed at $1,800 per annum. The territory was divided into three districts, each district having assigned to it one of the justices of the Supreme Court. The Chief Justices of the Territory of Utah, from the organization of that territory until the organization of the Territory of Nevada, were, in the order of their appointment, Lemuel G. Brandeberg, Lozarus H. Read, John F. Kinney and Delana R. Eckels. The Associate Justices were Perry E. Brocchus, Z. Snow, Leonidas Shaver, G. P. Stiles, C. W. Drummond, E. D. Potter, C. E. Sinclair, John Cradlebaugh, R. P. Flennicken and Henry R. Crosbie.

            The first District Judge of the Territory of Utah to hold court in Carson County, was Judge C. W. Drummond, who was appointed to his position by President Pierce and was commissioned September 12, 1854. In July of the year 1856, there came into Carson Valley from Salt Lake

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City about one hundred families and with them came Judge Drummond for the purpose of holding a session of the Territorial District Court. His first official act appears to have been the drawing of a grand jury. This jury had no representative of the Mormon faith upon it and it would seem that this was an oversight which was not pleasing to the majority of the community. Nine days after the jury was impanelled, the Judge removed seven of the twenty-three gentile members and substituted Mormons in their places.

            The court was held at Mottsville, near Genoa, in Mott's barn, while the Grand Jury held its sessions in the house, or in the hotter portions of the day, in the blacksmith shop.

            The Grand Jury, after its reformation as above mentioned, found a true bill against two parties, one of whom bore the name of E. Lamb, for stealing two horses. Lamb made his escape from Mottsville and the indictment, in consequence, was never tried, but it was stoutly contended by the friends of Lamb that he was "innocent as a lamb."

            For some act of contumacy, it is said that Judge Drummond threatened to "iron" the Grand Jury, but this does not seem to have taken the form of a judicial order, nor was the threat carried into effect. The Judge remained at Mottsville for about six weeks, and then departed for California. From whence he never returned to again hold court in the county.

            It was thought that his judicial administration was as unsatisfactory to himself and all concerned, as the record of his proceedings is meager.

            Drummond Succeeded by Cradlebaugh.—Judge Drummond was succeeded by John Cradlebaugh, commissioned as Associate Justice of the Supreme Court of Utah, by President Buchanan, June 4, 1858. Judge Cradlebaugh was assigned to the district which included Carson County. He convened court at Genoa on the fifth day of September, 1859, with Alfred James for clerk and George W. Hepperly as Deputy United States Marshal and Bailiff of the court.

            Admission of Attorneys.—On the tenth day of October of that year, the following entry was made upon the record of the court :

            "On motion of G. D. Hall, and the Court being satisfied of the good standing in the profession of Messrs. Charles H. Bryan, Robert Anderson, G. D. Hall, John J. Musser. W. H. Brunfield and Wellington Stewart, practising attorneys in the courts of other States and Territories, said

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gentlemen are admitted to practice as attorneys in the courts of this Territory."

            A Grand Jury Impanelled.—On that day the Grand Jury was impanelled, with George W. Chedic as the foreman. Wellington Stewart was appointed by the Court as Prosecuting Attorney for the district, in place of Alexander Wilson, who had resigned as United States Attorney for Utah Territory, upon the ground that he could not, for some reason, attend upon the courts in Carson County.

            The First Indictment.—On the twenty-first day of October, 1859, the first indictment for murder was found against William Sides, for a homicide committed at Gold Hill, shortly after the discovery of the Comstock Lode. At the same time two bills of indictment were found for lewdness, one for adultery, and one for robbery. In fact, the criminal calendar for the year 1859 would indicate an older settlement, a more extensive population, and a degree of demoralization rather exceptional. In that year five bills of indictment for lewdness, one for adultery, one for robbery, six for assault with intent to kill, three for murder and one for felony were found by the Grand Jury. On the thirtieth day of November, 1859, the Court expenses foot up $537.50—the Prosecuting Attorney's fees being $10 per day, and the traveling expenses of the Judge to and from Salt Lake being $150 for the estimated distance of 1,500 miles.

            Special Term of Court.—A special term of court was held on June 1, 186o. John L. Blackburn was the Deputy Marshal in attendance. The term seems to have continued in session from time to time until February 19, 1861, when the last record entries were made.

            In 1859, three indictments for murder seem to have been found. On September 19th, the case of Wm. Sides was dismissed, on motion of the acting Prosecuting Attorney, P. H. Clayton. There was, in fact, but little efficiency shown in the prosecution of the criminal docket, or else the indictments were in the main without merit.

            Early in 1860, President Buchanan removed Judge Cradlebaugh and on May 1, 1860, commissioned R. B. Flennicken, a Justice of the Supreme Court of Utah Territory, vice Cradlebaugh removed. In October of that year Judge Flennicken arrived to assume the duties of District Judge of the district, including Carson County. He had a letter of introduction to John S. Child, then the Probate Judge of the county. The

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Judge was accompanied by Henry Grace, appointed to act as the marshal of his court.

            A controversy at once arose between Judge Cradlebaugh and Judge Flennicken as to who was the lawful judge of the district. Judge Cradlebaugh contended that the President had no power to remove him and appoint a successor and that he was still the lawful judge. "Some doubt had been thrown on this question by the language of the Utah Act, and on account of the opinion rendered by Justice John McLean of the Supreme Court of the United States." (Reminiscences of William M. Stewart.)

            Concerning this controversy, Senator Stewart, in his "Reminiscences," says :

            "In June, 1860, Terry (Judge David S. Terry) and myself met in Carson and agreed that we would recognize the authority of Judge Cradlebaugh and try cases before him. * * *

            "Later R. P. Flennicken arrived and Terry told me that he would discontinue our arrangement to try cases before Judge Cradlebaugh; that he was confident that Flennicken was the legal judge, and that he should try cases in his court with a marshal and clerk, a man by the name of Grice being his marshal.

            "Cradlebaugh continued to hold court, and tried the criminal cases. For the purpose of testing the question of Cradlebaugh's right to continue in office, I caused to be appealed to the Supreme Court of Utah, sitting at Salt Lake, a criminal case in which the question raised involved the validity of Cradlebaugh's authority.

            "Very little civic business was done for several months; but finally, in February, 1861, Judge Terry's clients went upon a claim called the St. Louis, between what is known as the Devil's Gate and Silver City, on the main road to Virginia City, There was a considerable quantity of rich ore on the surface of the St. Louis. Terry's clients and associates had procured about eighty old muskets which had been brought over the mountains from California during a recent Indian war. They erected a fort and manned it with about seventy-five men.

            "I brought suit and obtained an injunction in Cradlebaugh's court, which was served upon the occupants of the fort. They disobeyed the injunction and continued to work the mine. The situation was embarrassing; all the arms available for a battle were in the hands of the

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enemy. It was absolutely certain that if a warrant was placed in the hands of John Blackburn, the marshal of Cradlebaugh's court, he would be resisted by the armed forces in the fort. I knew that Blackburn, being a desperate man, would make every effort to serve the warrant, and that the inevitable consequence would be the shedding of blood to no purpose.

            "Two young men were associated with me in the case—Moses Kirkpatrick, afterward a leading lawyer of Butte, Montana, and William F. Anderson, who became a popular lawyer in Idaho. I proposed to them that we visit Flennicken and arrange a compromise if possible. Accordingly we called on Flennicken at his chambers and told him that we were anxious to avoid bloodshed ; that Judge Cradlebaugh's order had been disobeyed by the men in a fort on the St. Louis mine, near Silver City; that if it was agreeable to him we would commence a suit in his court, and if our showing was sufficient to satisfy him that an injunction ought to be issued we would serve his injunction and make a joint effort with his marshal and the marshal of Judge Cradlebaugh to enforce the orders of the two courts. Flennicken said that would be entirely agreeable to him.

            "We further said to him that the controversy between the two judges was very injurious to the business of the Territory and ought to be terminated, and that Judge Cradlebaugh had agreed to resign if the Supreme Court of the Territory of Utah decided against him, or if Lincoln's administration, when it should be inaugurated, refused to pay him his salary and paid it to Judge Flennicken. Flennicken said that would be entirely satisfactory to him, and he would then and there make the same agreement Judge Cradlebaugh had made.

            "We went to my office, prepared the papers, and the next morning called on Flennicken again and asked him to issue an injunction. He not only refused to do that, but denied ever having any conversation with us on the subject ; and, in fact, he went so far as to deny that we had ever visited him at all.

            "While we were studying what to do next, early in the evening the pony express came in from Utah bringing the decision of the Supreme Court of that Territory in favor of the right of Judge Cradlebaugh to hold court ; whereupon Judge Flennicken got out upon the street and publicly declared that he was no longer judge. I met him in the

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presence of several gentlemen and questioned him personally to know if he would sustain Judge Cradlebaugh. He assured me that he would.

            "I then got an order for arrest for contempt for the occupants of the fort and placed it in the hands of the marshal, Blackburn, and retired for the night. The next morning, before the sun was up, Kirkpatrick and Anderson called at my house and told me that Judge Flennicken was on the street claiming to be judge and denying the right of Judge Cradlebaugh. I belted on my pistols and started down town, seeking Judge Flennicken. I met him on the square, now occupied by the State House, in front of Pete Hopkins's saloon. 'Good morning,' he said. 'Good morning."What's the news ?"Bad news, indeed,' I said. 'They are slandering you. They say that you are claiming to be judge and defying the authority of Judge Cradlebaugh.'

            "I told him I anticipated that something might go wrong and had taken the precaution to be deputized by Marshal Blackburn to summon a posse to assist in executing the orders of Judge Cradlebaugh, and that I summoned him to carry a musket and give the lie to the slander that he was usurping the functions of Judge Cradlebaugh.

            "He stepped back, and I grabbed him by the collar and jerked him on to his knees, and drawing my pistol told him he would carry a musket in front of me, and there was no evading it. He raised his hands imploringly, saying:

            "'Is there no way to avert it ?"Yes, if you will do as I say,' I replied. He consented by not resisting, and I took him by the coat collar into Flyshacker's store, which was conducted by F. A. Tritle, subsequently Governor of Arizona. There was a telegraph station in the middle of the floor, surrounded by a railing. Pete Lovell was the telegraph operator and was at his post. I told Tritle to write as I dictated. I dictated four or five dispatches for Flennicken to sign, which declared in emphatic terms that he was not judge, that Cradlebaugh was, and his orders must be obeyed. I sent one to Flennicken's marshal of the court, one to his clerk, one to Cradlebaugh's marshal, and several others to prominent men at Silver City.

            "I then had Lovell come outside the railing and stand where he could hear the messages in reply, but not where he could touch the wires. News came of consultation of all parties concerned. Finally Lovell said the forces under the marshal of Flennicken's court had surrendered and agreed to acompany Marshal Blackburn to Carson, a distance of about

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ten miles. I waited about an hour, when it was announced that Marshal Blackburn and his prisoners were within four miles of Carson, and then had Judge Cradlebaugh open court. As the prisoners were led in I moved their discharge on the ground that they had been misled by a usurper by the name of Flennicken, who falsely pretended to be the judge ; that they were good citizens, but they had defied the authority of the court under a mistake, and that I hoped they would be allowed to depart without punishment. Accordingly, Judge Cradlebaugh, acting on my motion, discharged the prisoners.

            "Joe Vaughn was a partner of Judge Terry and was managing the business while Judge Terry was in San Francisco. He came to me and requested the privilege of seeing the original dispatches signed by Flennicken. I took him to the telegraph office. He read them and was satisfied that they were genuine.

            "The next day Judge Terry arrived. Everybody supposed that he would be very indignant and that something sensational might occur. On the contrary, the Judge came to my office, saluted me good-naturedly as usual, and said that I had taught him and his party a very valuable lesson, never to go to war unless you have your General in your own camp. You had both Generals in your camp and you won the victory,' he said.

            "Judge Terry left that evening and proceeded immediately to the Confederate Army, in which he fought bravely until the end of the war."

            The appeal in the criminal case mentioned in Senator Stewart's Memoirs does not appear in the reports of decisions of the Territorial Court.

            From the organization of the Territorial Supreme Court of Utah to the time of the organization of the Territory of Nevada, opinions in but seven cases are in the Utah Reports, but one of which reported cases originated in Carson County.

            The case of Joseph Stone v. Leonard Savage was tried in the Territorial District Court. It was appealed to the Supreme Court at Salt Lake and is reported in 1 Utah, 35. The decision does not appear to have been rendered until after the Territory of Nevada was created for the report of the case recites : "Appeal from the District Court of Carson County (now in Nevada)." Whether the court, because of this latter fact, had jurisdiction to determine the case was a question which does not appear to have been raised or determined. The reporter's note to this decision

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also states : "The names of the attorneys for the respective parties do not appear in the record."

            It appears from the opinion in the case that Stone sold Savage a mining claim at Virginia for which Savage "promised verbally to pay $3,000." To secure this sum a mortgage was given on the property containing a power to sell at public auction. Under this power, Stone subsequently sold the property for $700, and then brought an action for the balance, $2,300, alleged to be due on the verbal contract. Judgment was for the plaintiff. Defendant appealed and the judgment was affirmed.

            The difficulties which beset those early judges in the performance of their duties is illustrated by the following extract from the opinion:

            "We regret that we are compelled to establish a rule without the aid of a single text-book, and with the assistance of but few adjudicated cases."

            The Leonard Savage who was a party to the action gave his name to one of the great Comstock mines.

            The first case before the Territorial Supreme Court of Utah—The People v. Maroni Green, decided in 1856 (1 Utah, 11)—is of interest, for in that case it was held that section 17 of the Act of Congress creating the Territory, and which provided: "That the Constitution and laws of the United States are hereby extended over and declared to be in force in said Territory of Utah, so far as the same, or any provision thereof, may be applicable"—extended the Common Law over the Territory of Utah.

            The opinion was written by Judge Drummond, the same who first held a session of the District Court in Carson County, and we conclude this account of the history of the Bench and Bar of Nevada, under the Utah regime, by quoting the following eloquent passage from the opinion in the Maroni Green case, by one of our earliest jurists :

            "The Spirit of the Law, reverence for the age in which we live, and regard for the happiness of unborn millions, as well as a duty paramount to all else which we owe to the Judiciary, forbid that this Court should be the first in America to establish a doctrine so hateful in its features and so repugnant to all the finer feelings of man in an improved and scientific age, and filled with all the blasts and mildews of an ever intelligent and , hopeful confiding American Judiciary."

            Courts Under Nevada Territory.—By Act of Congress, approved by President Lincoln, March 2, 1861, the Territory of Nevada was created.

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            So far as the judicial system established under this act was concerned, it was the same as that prescribed in the act creating the Territory of Utah. President Lincoln appointed as Governor of the Territory of Nevada, James W. Nye, of New York, who had previously been a lawyer and a judge of distinction in his native state. Governor Nye arrived at Carson, the capital of the new Territory, July 8, 1861, and nine days later the Governor divided the Territory into three judicial districts.

            President Lincoln appointed as Chief Justice of the new Territory, Hon. George Turner and as associate justices, Hon. Gordon N. Mott and Hon. Horatio M. Jones. Their salary was fixed at $1,800.

            The first session of the Territorial Supreme Court was held at Carson, June 2, 1862. With the exception of a recital of two cases which appeared upon the calendar—People v. Mayfield and Grigsby v. Rice—the following are the minutes of the court for that day :

            "Supreme Court of the Territory of Nevada, June Term, A. D. 1862. 1st day, Monday, June 2. Be it remembered, that at a regular term of the Supreme Court of Nevada Territory, begun and held at Carson City, the Capital of said Territory, on this 2d day of June, A. D. 1862, pursuant to Statute, there were present His Honor George Turner, Chief Justice ; Gordon N. Mott and H. M. Jones, Associate Justices; J. McC. Reardan, Clerk, and Y. D. Gasherie, Sheriff, and that thereupon the following proceedings were had, to-wit :

            "Ordered, that Jos. G. Baldwin, G. W. North, Wm. M. Stewart, J. R. McConnell,    Ralston, Jonas Seely, S. F. Gilcrist, T. B. Reardon, Thomas E. Hayden, G. D. Hall, Horace Smith, H. P. Clayton, W. H. Lindsey, Wm. Patterson, J. J. Foster, A. W. Baldwin, J. Neely Johnson, J. J. Musser and Chas. H. S. Williams, be and they are hereby admitted as attorneys and counsellors and solicitors in Chancery of this Court.

            "On motion, it was by the Court ordered that Messrs. Jos. G. Baldwin, T. B. Reardan and Chas. H. S. Williams be and they are hereby appointed a Committee to draft and report rules for the government of proceedings in this Court.

*           *           *           *           *           *           *

            "On motion, it was by the Court ordered that Judge Ralston, Wm. M. Stewart and C. H. Bryan be and they are hereby appointed a Committee to examine McBride as to his qualifications to be admitted as an Attorney and Counsellor at Law and Solicitor in Chancery of this Court.

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            "Ordered, that Court adjourn until June 3d, 1862, at 9 o'clock A. M."

            The Territorial Judges were destined to have a stormy career. The following account of the Territorial courts is from the pen of Judge C. N. Harris, twice a District Judge under the State government. (Thompson and West's History of Nevada, 1881.)

            "The Governor divided the Territory into three judicial districts and assigned the judges as follows :

            "First Judicial District—The County of Carson, including all that portion of Nevada lying west of the 118th degree of longitude west from Greenwich ; Gordon N. Mott, Judge.

            "Second Judicial District—All that portion of the Territory lying between the 117th and 111th degrees of longitude; George Turner, Judge.

            "Third Judicial District—All that portion of the Territory lying east of the 117th degree of longitude ; Horatio M. Jones, Judge."

            Thus was established the first regular beginning of that judicial history which is distinctively Nevadan, and disconnects it from the influence of the Mormon Church in Utah, although it should be here remarked that Judge Cradlebaugh made for himself a national reputation by his firm attitude in opposition to the Mormon power during his term of judicial administration. The newly organized Territorial courts, especially the First Judicial District, commenced the administration of justice under conditions that were novel and, in some respects, anomalous. The court for the First District was held principally at Virginia City, and the litigation was, in the main, the outgrowth of conflicting claims to mining properties, that were held to represent enormous values. The questions involved were largely determinable by a sort of common law, or the custom of miners in mining districts. The ablest representatives of the California bar, in those times, flocked to Virginia City, and were, without exception, prominent in the forensic discussions that were almost continually occupying the courts. In those days the law concerning mineral-bearing ledges, their location, possession and development, was largely formulated and ultimately received the substantial recognition of approving Congressional legislation. The trial of many causes was the scene of almost continual excitement. The stock boards of San Francisco and Virginia were often tremendously swayed by the result of judicial rulings. Perjury was conceded to be common, and the bribery of witnesses and juries was spoken of as notorious. It was impossible that the judges

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should escape the- suspicion, and even the open charge of being corrupt. The peculiar conformation of the giant lode, known as the Comstock, occasioned two antagonizing theories, which struggled for the legal ascendancy. They were respectively known as the "one-ledge" and "two-ledge" theories. The excitement in the legal circles among the litigants culminated in the year 1863.

            Judge Mott Succeeded by Judge North.—Judge Mott resigned and Hon. J. W. North, who was the first Surveyor General of Nevada, was appointed by President Lincoln as his successor in the First District, and continued in office until Nevada was admitted into the Union in October, 1864. He was accused of corruption by Hon. W. M. Stewart, afterwards United States Senator. This resulted in a law suit for libel with a claim for $100,000 damages, which was tried by referees in 1865, who rendered a judgment exonerating Judge North and found the accusations of Stewart to be without any basis of fact.

            The One-ledge and Two-ledge Theories.—During this period of continued activity and excitement in the courts, the "one-ledge" and "two-ledge" theories alternated in obtaining ascendancy. The decisions were not uniform—no one case seemed to be authoritative in the next—although at the close of 1864 the "two-ledge" party seemed the rather to prevail. It is a question that has not even yet (1881) been finally determined, although the system of United States patents for mining ground and ledges, conjoined with the consolidated ownership in a few persons of many of the conflicting claims, has reduced the question to one of vastly less practical importance. Indeed, it may now in a general way be asserted as the prevailing notion, that the so-called Comstock lode is a gigantic deposit, or upheaval, of vein or mineral-bearing matter of indefinite width eastwardly from Mt. Davidson, and of an unknown extent in length north and south. Its superficial or surface indications are irregular, and often lead to the supposition that there are a series of parallel veins, but through explorations at profound depths, this idea is in the main dispelled. Of course, the attention of our courts has always been drawn to a line of civil questions similar to those arising in any other community, but as mining is the main resource for Me prosperity of the State, just so has so-called mining law always maintained the ascendancy.

            Changes of Prosecuting Attorneys.—In 186r, Hon. Dighton Corsen was appointed the Prosecuting Attorney for the First District, Carson

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County, and Hon. Marcus D. Larrowe for the Second District. In 1862, Hon. E. B. Zabriskie was appointed Prosecuting Attorney for the Third District, and continued in office from March till November 17, of that year, when he resigned to enter the army as one of the Nevada Volunteers, where he was appointed upon the staff of General P. E. Connor as Judge Advocate, with the rank of Captain. He was succeeded in the office of Prosecuting Attorney by Hon. Franklin H. Kennedy. In May, 1863, Hon. John J. Musser was appointed District or Prosecuting Attorney to succeed Hon. Marcus D. Larrowe, who resigned.

            Homily Upon Nevada Courts.—After the Territorial courts were once organized, the course of legal procedure in Nevada Territory was characterized by a regularity and certainty that was a vast improvement upon the desultory methods and plans of administering justice that had obtained under the Mormon regime. There was a binding force to the organic law of the Territory and the Acts of the Legislature, that at once justified a larger measure of wished for tranquillity, especially in the mining camps, than had heretofore been possible.

            But, as already remarked, the vast values that were constantly the subject of judicial action, caused immense friction and distrust. The judges were the victims of open charges of bribery and the determinations of the courts and juries were seldom received in good faith by those who had not prevailed. The prime cause of this dissatisfaction was the recklessness and assurance with which witnesses were induced to commit perjury, and the acknowledged fact that many who sat on juries were to a moral certainty subject to the seductions of money rewards. In fact, a general demoralization of the public mind had so far gained ground that it was scarcely to be wondered at that the courts were unable to enforce the authority and respect due to the law no matter how honorable might be the personal character of the judges. It was especially "on the Comstock," a sense of reckless greed for the making of fortunes, and no consideration stood in the way of its realization.

            In the First District, Judge Mott retired, and Hon J. W. North was, in 1863, appointed to succeed him. He was a man of honorable character and his personal history had been unexceptionable, but his career was characterized by as savage and bitter attacks from members of

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the bar and litigants as had been the case during the incumbency of his predecessor.

            Hon. William M. Stewart, afterwards one of the United States Senators from Nevada, was especially prominent in charges of corrupt conduct on the part of Judge North. The latter resigned in the summer of 1864. In August of that year forty-nine members of the bar met at Virginia and agreed by a vote of twenty-six against twenty-one for Hon. H. O. Beatty, and two for Hon. C. M. Brosnan, to support Hon. R. S. Messick as a candidate for the Presidential appointment to succeed Judge North. The appointment of North's successor was never made by the President. The Constitution of Nevada had already been framed, and on the first Wednesday of the following month of September the Constitution was adopted by the people of the Territory. Hon. Horatio M. Jones, prior to the formation of the State government, had resigned, and Hon. E. B. Locke had been appointed as his successor. Provision had been made for an election of a full set of State officers on the first Tuesday after the first Monday of the following November. The State was admitted by proclamation of President Lincoln prior to that election, and the Statehood of the then Territory was to all interests an accomplished fact.

            Among the reminders of the legal turmoil that had embittered both Bench and Bar during the Territorial days, was a suit by Judge North against Senator Stewart for $100,000 damages for libel. This suit was brought in Washoe County before the District Court in the spring of 1865, and was tried before referees at Virginia, on stipulation of the parties, the damage being waived. The findings of the referees were favorable to the plaintiff and adverse to the defendant on all points.

            The course of judicial government in the central and eastern settlements of the Territory was much more quiet and regular, although there were not wanting fierce charges of judicial corruption. Austin, or "Reese River," was a mining camp of some pretensions in those days, but not so productive of litigation as the Comstock lode.

            The fabulous wealth of the Comstock mines was the occasion for many law suits. It would seem from contemporaneous writers that the cases involving the principal mines reeked with criminations and recriminations of bribery and perjury. According to William M. Stewart, who was leading counsel on one side of all the principal cases

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tried, the estimated expense of litigation over the mines "rose to the enormous sum of $10,000,000." Senator Stewart stated that he received during four years of litigation over these mines fees in the modest sum of $500,000.

            The following is Senator Stewart's own account of a portion of that litigation, with his comments on the courts and his part in the resignation of the Territorial judges :

            "One of the leading controversies with regard to the Comstock lode arose between the Chollar and the Potosi. The Chollar was the old location and the Potosi the parallel location on the east. The Potosi entered upon the Chollar mine; the Chollar brought suit and recovered judgment.

            "After judgment was obtained by the Chollar, the Potosi sunk down on the dip of the vein and claimed the ore as a separate lead. The Chollar again brought suit, and undoubtedly would have recovered if there had not been a change of judges. I quote again from Mr. Elliot Lord's 'History of the Comstock' :

            "'Potosi stock, which had rallied somewhat, suffered another sharp decline, but the managers of the company were by no means disposed to give up the contest. A shaft was sunk accordingly, outside the eastern boundary surface line of the Chollar Company, and a deposit of rich ore was soon reached. The contention was instantly renewed, and cross suits were instituted by both companies. The managers of the Potosi Company believed that Judge Gordon N. Mott was biased in favor of the claims of the Chollar Company, and as the Chief Justice, George Turner, was accounted a Chollar partisan, they resolved to change the constitution of the bench by inducing Judge Mott to resign and obtaining the appointment of James W. North, a lawyer who was known to have a different opinion as to the rightfulness of their claims. How this plan was carried out was bluntly stated by the Virginia City Territorial Enterprise, July 26, 1864, fully endorsed by the Gold Hill News of the same date, and subsequently confirmed by the decision of referees in a libel suit instituted December 6, 1864: "We assert that judge North's place on the bench was bought for him. The price paid was $25,000. The payee was Gordon N. Mott. The person paying it was John Atchison, in behalf of the Potosi Company. We believe that there was some flimsy pretext of railroad business which glossed over the payment of the money to Mott, but it will not be pretended that the object of paying Mott was any other than to get North on the bench."

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            "Whether the appointment of North was bought with an understanding that he belonged to the litigators who bought him, or whether he had a peculiar mind is immaterial. Every decision he rendered in every case over which he presided, except one, exhibited evidence of a strong bias against the owners of the Comstock claim in the litigation with regard to the Potosi ; while the court subsequently held that a judgment in favor of the Chollar stopped the Chollar from what was recovered by that same judgment. This may look paradoxical, but it was North's idea of justice.

            "Judge Locke, who was put on the bench soon after North, was probably the most ignorant man who ever acted in any judicial capacity in any part of the world. While the case was being argued in the Supreme Court as to whether the Chollar was entitled to what it had won by the judgment of the court, Locke met an old friend from Missouri who was driving an ox-team, and undertook to explain to him before some bystanders the question that was before the Supreme Court. His explanation was as follows :

            "'You see, the Potosi fellows say the Chollar fellows ought to be stopped and that they have no right to sue. Now, don't you think if anybody wants to sue, they have got a right to sue ?'

            "And the teamster said he did. But, notwithstanding the sound advice given him by the teamster, Locke decided both ways several times in that important question.

            "I do not wish to revive old scandals ; besides, if I did, it would take several volumes to tell all I know of the three judges who resigned in one day at my suggestion, the details of which I will briefly state :

            "There was an extension north from the Potosi, called the North Potosi. It was a long claim lying parallel to the Hale and Norcross, the Savage, the Gould and Curry, and extending to some point below the Consolidated Virginia.

            "A suit had been brought by the Savage Company against the North Potosi, and was one of the long-pending suits which had not been brought to trial. Immediately after the appointment of North, William R. Garrison and other speculative capitalists in San Francisco, bought up the North Potosi and boomed the stock from $2 or $3 to $100 a share. It was impossible for the Savage Company to get a continuance, and the trial was had before Judge North as soon as possible after his appointment. I had for an assistant in that case, R. P. Crittenden, an eminent

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lawyer from Kentucky, who afterward met with a violent death at the hands of the notorious Laura Fair.

            "There was great difficulty in obtaining a jury to try the case, because every man with sufficient intelligence to sit upon the jury had committed himself on one side or the other of the controversy. To my great astonishment, men came forward who had been active in litigation involving the question under consideration, and declared they had no opinion, bias or prejudice. Eight of the jurors whom I was compelled to accept I knew very well were violent partisans of the opposite side. Four, whom I knew to be men of character and sterling worth, confessed that they entertained an opinion that there were several parallel ledges in the Comstock formation, but they said in answer to my questions that they had no bias or prejudice that would prevent them from deciding according to law and the evidence. I realized that both the law and the evidence were on my side, because the Savage and the North Potosi were clearly connected in the same body of ore.

            "I introduced witnesses to prove the title to the Savage, and that the Potosi was working in the body of ore which everybody conceded belonged to the Savage.

            "The case of the plaintiffs was not a long or a difficult one, but a most disgraceful incident occurred when the defendant's counsel called their first witness. His name was Richard Brown, a person I knew very well, who had been deputy sheriff in Sierra County at the time of the trial of Ellis. The day before the trial Brown came to my office in company with Joe Stow, a sharp, slippery manipulator. Stow stated that if Brown could be induced to stay he would give very valuable testimony in favor of the Savage, and that if I would give him $500 he would stay, because he would lose that much by neglecting business which he had in a distant town. Knowing that he could give no testimony of any value to either side, I told him he had better go and attend to his business.

            "He then went to Bob Morrow, who was at that time superintending the Savage mine, and told him he would give very damaging testimony against the Savage, but that if he would give him $500 he would go away and not give the testimony. Bob Morrow, very inconsiderately and without consulting me; gave him the money.

            "When called as a witness, Brown came forward very pompously and said that before he testified he desired to deposit in court $500 which the superintendent of the Savage had given him if he would leave and not

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give his testimony. I appreciated, from my knowledge of the parties and the circumstances, that it was a trick, and that he had been paid for performing it, but my associate, Mr. Crittenden, very nearly fainted.

            "I was sitting near enough to him to grasp his arm, and if I didn't make it black and blue I know I gave him great pain, for he evinced considerable agony. I whispered to him to say nothing until court adjourned for dinner. During the noon recess I told him I believed Dick Brown got $1,500 for playing that trick ; but that did not restore his nerve.

            "I saw from the conduct of the eight jurors and the pleasure they expressed at Brown's trick that they were in the game also. I was confident that they were bribed. The jury, after it was panelled, was kept separate in a room in charge of a little deputy who was a noted horse jockey.

            "His name at that time was Billy Brown. I determined to ascertain from Billy Brown how the jury had been bribed. It would naturally be performed through him, as he was the very kind of a man they would use. I knew, however, that Billy would not dare tell me unless his safety was secured. He knew that if he let out the secret he would not live to old age.

            "There was a celebrated old racehorse in the town and as soon as court , had adjourned I sent a man to buy the horse for $500, saddled and bridled it, and had it tied under my office window.

            "I then hunted up Brown, and took him nolens volens to my room, locked the door and told him I wanted a private conversation with him.

            "'If you tell me what pay each juror has received, the conversation which has passed and the kind of money paid, I will give you as much money as you paid the jury,' I said.

            "'Don't ask me such a question. I would be killed if I told,' he replied. "'Look down there ; do you see what horse that is ? If you were on that horse do you think anybody could catch you ?'

            "'Not on your life !' said the jockey.

            "I had provided myself with $14,000 in greenbacks, on which there was a slight discount, but this was before greenbacks were very low. I took the money from my pocket. His eyes glistened, and with a foxy grin he told me how he had bribed eight members of the jury, paying them $13,000 ; the kind of money he had paid to each, and how much, and where the transactions took place; and he also repeated quite accurately

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what each juror had said. Four of the twelve he had not dared to approach.

            "When he had finished his story, which occupied fully an hour, I handed him the $14,000. Brown grabbed the money, ran down the stairs, and without waiting to go to his home to change his clothes, jumped on the racehorse and galloped away. Maybe he played jockey again, but if he ever did he must have changed his name. Anyhow, I never heard of Billy Brown after that.

            "The testimony for the defense was not lengthy and was concluded the next day. The day following the argument commenced. Crittenden opened with a very lame statement.

            "Three able lawyers made strong speeches for the Potosi. They were Jim Hardy, one of the leading attorneys in mining cases on the Pacific coast ; Frank Hereford, who was afterward United States Senator from West Virginia, and Todd Robinson, their star attorney, who concluded.

            "He had a habit of winding up an argument by fainting away and falling on the floor before a jury. He could play that trick so well that anybody would swear it was the real thing.

            "As he reached the climax he swayed about, grabbed at the air, and fell flat on his back. The effect was electrical. The great mass of the people filling the courtroom were interested in the many-ledge theory, and were crazed with joy at the apparent complete triumph of their case.

            "I waited a moment for the restoration of order, and then proceeded. It so happened that the four jurors who had not been corrupted were at my left, near the end of the bench, toward the judge. The other eight were sitting together at the other end of the jury-box. I walked up to the most remote juror, looked at him a minute—I presume with an earnest expression, for I was in earnest—and told him in distinct language how a juror might be bribed. I illustrated it by repeating the conversation that had taken place between him and Billy Brown, telling him the place, the amount and kind of money, and all the details of his corruption.

            "Frank Hereford, who had apparently fainted away, sprang to his feet and protested against my manner of addressing the jury.

            "I turned to the judge and demanded that he should look at that juror and tell me if my argument was not in order. By that time everybody was looking at the juror, who fell back in his seat, pale and trembling. The judge, taken by surprise, said in a low tone, 'Go on.'

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            "I then addressed the next juror, and the next, until I completed the panel of the eight, giving every detail of the bribery. Before I concluded the eight were so agitated and prostrated that everybody knew they had been bribed. I then took a map and proceeded to discuss the merits of the case with the other four jurors. I said:

            "'Gentlemen of the jury, you truthfully said on your oath before you were sworn in as jurors, that you could render a verdict according to the law and evidence, and here is the evidence: Both companies are working in the same vein ; the Savage is the prior location, and whether there are many or few ledges, the Potosi is certainly on the ledge of the Savage. But this jury will never discuss this matter in the jury-box ; you four will never discuss it with the eight ; you see the reason why.'

            "The jury went out and within an hour they were called in. They informed the court they never would agree, and never would discuss the subject together, and they were discharged. Three of the jurors, one after another, rushed to my office and begged me not to prosecute them. I simply told them to go home and attend to their business.

            "The Potosi stock fell to some five or six dollars a share the next day, and I telegraphed to my clients to secure a majority of the stock, which they did. That was the last great struggle between the Comstock and the parallel ledges. There were, however, various settlements, but nothing affecting the main question. The Comstock people having control of the North Potosi, that company consented that the controversy between it and the Gould and Curry, which lay north of the Savage, should be submitted to John Nugent as referee. He heard at length the testimony as to whether or not the porphyry belt contained more than one lode, and he made a report, demonstrating by conclusive proof and argument the one-ledge theory. His report is given at length in the book of Mr. Gordon of Clarence King's Geological Survey party.

            "Judge North partially regained my confidence by his fairness in the trial of the Savage against the North Potosi. It is true he had very little opportunity to be unfair, for if he had stopped me in my argument to the jury, with the one juryman already fainting, the effect on him would have been disastrous.

            "I could not afford to wink at any act of bribery or corruption perpetrated by any of my clients on the Comstock. If the community had really become suspicious of my honesty, my lease on life would have

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been short, and my clients would have been overwhelmed, because nine-tenths of the community were interested in parallel vein locations. Judge North, aside from the question of his appointment to office, was, to say the least, a very indiscreet man. He built a quartz mill with money borrowed from litigants. He crushed ore for the Comstock companies, particularly the Gould and Curry, and was continually demanding better ore out of which he could make more money.

            "To save myself and my clients from reproach, I denounced North publicly as a dishonest judge, and my charges were reiterated in the public press. I also denounced the Chief Justice, George Turner, as corrupt. As for Judge Locke, he was too ignorant for denunciation. Partisans of the judges defended them in the public press, but in turn they were overwhelmed with counter-charges.  Finally a notice was published that the Supreme Court would meet on a certain Monday, and that it would strike my name from the bar. It so happened that Abe Meyer, who was a money-fender and a remarkably bright business man, frequented my office, and in emergencies, such as the Sierra Nevada against the American, he furnished me money to prepare for the trial. It was paid by the company with a good commission. It was very convenient to have an emergency man in those times.

            "About two months before this notice appeared, some parties entered upon the Hale and Norcross, of which Meyer was president, without any show of title, and began removing ore. I brought suit for an injunction which was readily granted by Chief Justice Turner. The suit was so simple and the injunction so absolutely proper that no one would have supposed it necessary to bribe the judge, but I was sufficiently familiar with the greed of Judge Turner to entertain a different opinion.

            "When I received the notice that I would be disbarred I told Meyer I wanted an affidavit with the exhibits showing that he paid Turner for the Hale and Norcross injunction. He hesitated, and I told him that it was necessary for me to have them. He said, 'I sees if I gets 'em,' and went out. He came back in about three minutes with a receipt signed by Turner for $2,000 and a check drawn in favor of Judge Turner for $3,000, and endorsed by him, making a total of $5,000 paid for the injunction.

            "I drew an affidavit and attached the receipt and check as exhibits. When the court met at Carson, I appeared at the bar with Meyer

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standing beside me, and I occasionally pulled out the affidavit and some other documents I had and looked them over, and looked up at the court.

            "As soon as the judges were seated on the bench, Judge North announced his resignation. Judge Turner then announced that court would take a recess until seven o'clock that evening. He sent word to me that if I would let up on him he would resign. I sent back word that he must put his resignation in a letter addressed to the President, and also in a telegraphic dispatch ; that he must put both in an unsealed envelope and deliver them to me before he went on the bench, or I would swear out a warrant before the justice of the peace and have him arrested for bribery. He sent the resignations as demanded. I mailed one and telegraphed the other.

            "At seven o'clock Judge Turner came into court and made a self-glorifying speech in which he reviewed his course and spoke of his kindly relations with all the bar, and his pleasant judicial duties. He said that inasmuch as the resignation of Judge North had destroyed the usefulness of the court for business, he would resign, and the bystanders gave him room to go out.

            "I thought it was about time for me to express my appreciation of the situation, so I invited the bar, over one hundred being present, to an evening's entertainment. It was then nearly eight o'clock. Pete Hopkins's saloon was under the room where the court was held, and there was a very large back-room in which various entertainments took place, such as dances and other festivities not quite so respectable. We gathered in there and elected H. P. Beatty president of the meeting, as he was the oldest man in the party.

            "After the champagne and other good things were brought in and the party was drinking, smoking and telling stories, I stated to the president that it was in order to call Judge Locke and allow him to resign. I knew very well that Judge Locke would avoid appearance if possible, so I moved that two young lawyers, physically strong and endowed with a reasonable amount of courage, be appointed as a committee to fetch him to the meeting. 'If he is locked in his room,' said I, 'locks can be broken.'

            "They found him in his room, dressed him hurriedly and seated him on a bench by my side. Judge Beatty in fatherly language told him that the object of the meeting was to give him an opportunity to

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resign ; that the other two judges had resigned and that we wanted a new bench.

            "Locke turned to me for advice and asked what I thought he ought to do.

            "'Do ?' said I. 'Resign, and do it quickly !' I called to one of the gentlemen who was serving the good things to appease the appetite to bring pen and ink. 'Now,' I added, 'write your resignation.'

            "It was read aloud, to be sure that it was all right, signed and mailed ; after which the whole meeting became hilarious and Judge Locke imbibed so freely that he became more stupid than usual.

            "The condition of the judiciary was a very potent argument in favor of State government. The administration at Washington undertook to appoint more Territorial judges, and President Lincoln nominated John F. Swift for Chief Justice. I called a meeting of the bar and passed resolutions to the effect that we wanted no more courts until Nevada became a State. We were tired of Territorial judges.

            "Swift, under the circumstances, declined to accept the position, but said he would get even by writing a book exhibiting the condition and character of the Nevada bar. He wrote the book, which was humorous and reasonably good-natured, and styled it 'Robert Greathouse.' The soubriquet which he gave me was rather high-sounding, being Mr. Napoleon B. Spelter. He made me one of the heroes of his novel, although I am unable to appreciate his flattery. Afterward I became well acquainted with him as a public man and a gentleman. He was for a long time Minister to Japan."

            The following appears as a part of the minutes of the Territorial Supreme Court for Monday, August 22, 1864, and concludes the minute entries made by that court :

"SUPREME COURT, AUGUST SESSION, 1864.

"Monday, August 22d, 1864.

*           *           *

"RESIGNATION OF CHIEF JUSTICE TURNER.

            "Judge North having given notice of his resignation during the afternoon session of said Court, at the opening of the evening session of the same, Chief Justice Turner said to the Bar from his place as follows :

            "'This Court has been emasculated by the resignation of one of its

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members, at the previous session,—this was entirely new and unexpected to me. I never heard of Judge North's design to resign until today and his resignation has placed the Court in a new condition. This tribunal consists, when full, of only three members, the lowest number to which the majority rule can apply. One of our number has left us, he declines to participate further in our judicial action here ; two judges cannot conduct this court. Counsel have publicly here objected to the hearing of their causes by only two judges. In this I think they are right—a divided bench consisting of two can decide nothing.

            "'This is the last term of this Court; before the next term provided for by law the new judiciary under the State government will sit.

            "'In this state of facts it is evident that the usefulness of this Court is at an end; for the judges to remain and pretend to act as we are now left is an empty form ; by the resignation of one more of our number the business will not be retarded, nor will the public suffer any inconvenience. We cannot do the business here as we are now left.

            "'I have served upon this bench for nearly four years, faithfully, as I believe, and I am happy to know that, no matter how other districts may be situated as to their business, the duties of my Judicial District have been regularly held, every case has been tried as fast as they were gotten ready for trial, no cause is at issue in my district and awaiting trial ; all are disposed of. The public, I am assured, is fully satisfied and no complaints from any quarter in my district have been made. As a member of this Court, and its presiding officer, I am pleased to state that all the business of this Court has been regularly and fully done.

            "'In this state of the case I have concluded of my own motion to resign my place upon this bench. I have notified no one of this determination until this occasion; you are the first persons to receive this notice, and the conditions in which the Court is left, as I have before stated, are the reasons and the only ones that govern me in my action. I never dreamed of taking this course until this day and since the action of my associate.

            "'I wish further to express to you gentlemen of the bar my sincere thanks for the uniform kindness and courtesy which you have all extended to me for the past three years, even in the difficult and often heated controversies which my duty has required me to adjust with you—a courtesy I may say which exceeds that ordinarily extended.

            "'I therefore have concluded to give you notice of my intention to

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resign my position and that I shall therefore no longer participate in the proceedings of this Court.

            "The business of my own district, until my successor is appointed, qualified and on the ground ready to discharge the duties of the position, I shall endeavor to take care of, as far as I can, so that the public may not suffer by my resignation.

            "'Again I thank you, gentlemen.

            "(Signed) GEO. TURNER,

            "'Chf. Jus. N. T.'

            "Court adjourned sine die."

            The minutes of the Territorial Supreme Court disclose that a comparatively large number of appealed cases were considered and disposed of. In some of the more important of these cases opinions were written and published in the press. None of these opinions are on file with the Clerk of the State Supreme Court, and whether they are now in existence anywhere is unknown. Neither does there appear to be in existence copies of the newspapers in which they were published. James McC. Reardan was Clerk of the Court from its organization until July, 1863, when Alfred Helm was appointed and served until the court went out of existence. About the time of the appointment of Helm, Thomas Fitch, a member of the bar, was appointed Reporter of the Supreme Court. Fitch was at that time acting editor of the Union, published at Virginia. Under the rules the Court Reporter was entitled to the original opinions and briefs.

            The question of the disposal of these opinions and the matter of authenticity of printed copies in the possession of Judge Turner was investigated by a special committee of the Senate of the first session of the State Legislature. Senator W. H. Claggett, a lawyer and member from Storey County, was chairman of this committee. The testimony of the two clerks and Judge Turner was taken by this committee and is reported in full in "Appendix to Senate Journal, First Session." Mr. Reardan, in his testimony before the committee, recounted the troubles which beset his office as follows :

            "I do not know where those opinions are now. I have never seen them since they were handed over to my successor. I never recorded any of them for the reason that I had no facilities for so doing.

            "Everything was done loosely in the Supreme Court : no rules of the court were observed or enforced when I was clerk.

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            "No office was furnished me, except for six, or perhaps seven, months. The Legislature refused to audit and pay my accounts for books, stationery, tables and seal."

            The report of the committee found on pages 200, 201, of the Senate Journal of the First Session concludes :

            "Your committee would further report that the result of their investigations exonerated the Hon. George Turner, late Chief Justice of the Territory of Nevada, from all censure ; that all statements, wherever and whenever made, to the effect that he had, at any time, improperly obtained possession of the original opinions of the Supreme Court of said Territory, are unsustained, and that the copies of such opinions now in his possession, and which he proposes to publish, under the sanction and by the authority of the State, are correct copies of the opinions actually rendered by said court."

            Among the more prominent law firms practicing before the Territorial courts may be mentioned Stewart, Kirkpatrick & Rising; Johnson & Baldwin ; Bryan & Foster; Smith, Clayton & Lansing ; Brumfield & Gilcrist ; Anderson & Lansing; Ralston & Griffith; McConnell & Reardan ; Platt & Davenport. Other lawyers of prominence include the names of Charles H. Williams, J. W. North, Thomas E. Haydon, Wm. Haydon, James Hardey, J. J. Musser, Samuel Sankey, H. O. Beatty, C. N. Brosnan and Thomas Fitch.

            It may be said, relative to the Territorial judges, that few judges in history were ever confronted with more stupendous problems than those with which these judges had to deal. The volume of court business was immense. Many cases involving millions of dollars in mining properties presented new questions of law, for at that time there were no Federal statutes dealing with the subject of mines.

            The State Courts.—President Lincoln having, on the 31st day of October, 1864, issued his proclamation declaring Nevada a State, an election was held, pursuant to the provisions of the Constitution, November 8, 1864. At that election, C. M. Brosnan, H. O. Beatty, J. F. Lewis, W. E. McKinsty, W. C. Wallace and J. R. McConnell were candidates for Justices of the Supreme Court. The first three named were elected as Republicans. The other candidates were Democrats.

            On the first Monday of December, 1864, the first Judges of the Supreme Court were sworn in and entered upon the discharge of their duties. The

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first regular term of the Supreme Court was held in January, 1865. Other officers of the court were Alfred Helm, Clerk, and George A. Nourse, Attorney-General.

            By the provisions of the Constitution, the first three justices elected were to determine by lot their respective terms of two, four and six years. Thereafter at each general election, a justice was to be chosen for six years. It was further provided that the justice drawing the shortest term should be Chief Justice and thereafter the one having the next shortest term should be Chief Justice, after which the senior justice in commission should be Chief Justice. Judge Lewis drew the short term and became the first Chief Justice. Judge Lewis has the distinction of being the youngest man ever elected to the Supreme Court and the youngest Chief Justice, he not having attained his twenty-ninth year when he assumed the duties of his important office. Judge Lewis was a native of Wales, where he was born May 4, 1836. He was re-elected in 1866 and retired from the bench in 1873 to enter the practice of the law. His death occurred suddenly and unexpectedly while engaged in the active duties of his profession on August 17, 1886. Judge Lewis was possessed of a good education and had an exceptionally keen legal mind. Upon his death a high tribute was paid to his ability and personal character by his successors on the bench, which was summed up in the following sentence : "An able and upright judge, an honest lawyer, a good citizen, he commanded and retained the confidence and respect of his fellow men."

            H. O. Beatty, who drew the four-year term, was an example of splendid, rugged and sterling American manhood. He had for a number of years been a prominent member of the Sacramento Bar before the lure of the Comstock brought him to Nevada. Past fifty years of age, he brought to the bench a mind trained from years of experience upon the Pacific Coast. Like his associates, the purity of his character, together with his legal ability, commanded the respect and confidence of the bar. Judge Beatty was not a candidate for re-election and resigned November 1868, about two months before his term expired. Judge B. C. Whitman, who was elected his successor, was appointed to fill out the unexpired term. Judge Beatty later had the satisfaction of seeing his son, W. Beatty, elevated to the Supreme Bench.

            Judge B. C. Whitman was elected in 1868 to succeed Justice Beatty,

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defeating R. H. Taylor. He served one term and was succeeded by the son of the man he had succeeded. The following extracts from the pen of Judge C. C. Goodwin, a pioneer lawyer, judge and journalist of Nevada, portraying Judge Whitman as he remembered him, are worthy of record here :

            "So far as I could ever see, there was not one flaw in the character of Judge Whitman. A gentleman, a gentleman always ; educated, refined, so exalted in his integrity that it was never questioned ; * * *

            "He practiced law many years in Virginia City in those years when gladiators in the profession met in the arena and fought to the limit, and held his own there. * * *

            "When elected to the Supreme Bench and he took his seat, it seemed to those who watched him as though the seat had long been waiting for him, so natural was it to think of him as a judge.

            "I do not think he was as profound a lawyer as Judge Mesick, or C. J. Hillyer, or General Charles H. Williams, but he was great enough to have the perfect confidence of the whole bar, not only in his perfect integrity, but in his knowledge and his utter absence of prejudice."

            Upon retiring from the bench, Judge Whitman went to San Francisco and there entered upon the practice of the law. He died very suddenly August 5, 1885.

            Cornelius M. Brosnan was a native of Ireland, born in 1813. For four years he attended Maynooth College in his native land. In 1831 he came to America and twenty years later located in California. In 1863 he came to Nevada. He died in office, April 21, 1867. In announcing his death to the Supreme Court, Robert M. Clarke, then Attorney-General, paid an eloquent tribute to his character, from which the following passages are selected:

            "He reached Virginia when the tide was receding. Reaction had punctured the balloon and the inflation was rapidly subsiding. The legitimate ground of the profession was preoccupied. Besides, at that day, the practice of the law had to some extent degenerated into the practice of villainy. Chicanery won more suits than eloquence and learning, and bribery and corruption more than solid merit. Judge Brosnan honored his profession and scorned these practices. He would have perished a beggar in the streets rather than dishonor his calling. A pettifogger shocked him; his high sense of honor revolted at a trick. No man in

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Nevada is more highly, favorably or intimately identified with our political and judicial history than Cornelius M. Brosnan. In this respect he was a pioneer. He assisted in planning and completing our political edifice ; he was a master mechanic, laid the foundation and erected the superstructure. As a member of the convention that framed the Constitution of Nevada, he rendered the people invaluable service and won for himself an enviable distinction. As chairman of the Judiciary Committee, he first originated and then enforced our present system of judiciary. His learning and judgment were promptly recognized, and his opinions were to a great extent adopted by the convention. His genius engrafted itself upon our fundamental law, which will forever stand a monument to his memory.

            "Nevada became a State to escape the deadfall of her Territorial courts. Her Temple of Justice had been transformed into a den of iniquity, from which the ermine seldom escapes untainted, and justice never unscathed. An outraged public, writhing in the fury of its indignation, cried aloud for reform. An honest court, composed of men as solid, as pure, as incorruptible as unalloyed and polished gold, was demanded. The public demand was satisfied in the selection of Cornelius Brosnan. To receive a nomination and election for Justice of the Supreme Court, at such a moment and under such circumstances, was indeed a splendid tribute to his judicial ability and purity."

            J. Neely Johnson was appointed to the vacancy created by the death of Justice Brosnan. Justice Johnson was a lawyer of distinction and ability. He had been Lieutenant-Governor of California before coming to Nevada. He was chosen president of the Constitutional Convention of 1861, in which capacity he rendered the State invaluable service. The Legislature of 1866 appointed him a commissioner to prepare and report a civil practice act, the ground work of said act to be the Civil Practice acts of the States of New York and California. For this service he was allowed $3,000. The Act of 1869 was the result of his labors, and it was not materially changed until the adoption of the Code of 1912.

            In 1868 he was elected to fill out the unexpired term of Justice Brosnan, but was not a candidate to succeed himself.          

            At the election of 1870, John Garber defeated J. S. Slawson and succeeded justice Johnson on the bench. Justice Garber was the Democrat to be elected a member of the Supreme Court. He was a

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native of the State of Virginia and a graduate of its university. He came to Nevada in 1863, locating at Austin, where he formed a law partnership with George S. Hupp. He served less than two years upon the bench, resigning November 7, 1872, to enter the practice of his profession. He died at his home at Berkeley, California, December 13, 1908, the acknowledged leader of the California Bar.

Judge C. H. Belknap was appointed by Governor Bradley to succeed Justice Garber.

            At the election of 1872, Judge Thomas P. Hawley was elected to succeed Justice Lewis, defeating W. M. Seawell. Justice Hawley was re-elected in 1878 and again in 1884, defeating Fred W. Cole and W. M. Seawell, respectively. Justice Hawley, the Chief Justice, resigned September 27, 1890, to accept the appointment of U. S. District Judge, Ninth Circuit, District of Nevada, made by President Harrison. Judge Hawley served upon the State and Federal bench for nearly thirty-five years, the time being divided almost equally between the two courts. For many years he was assigned to sit upon the Federal Court of Appeals, which held its sessions in San Francisco. An imperishable monument to the learning and ability of Judge Hawley is to be found in the many opinions he wrote during his long service. History will accord him a place among the really great judges of America. Judge Hawley was a native of Indiana, where he was born in July, 1830. He died October 17, 1907, in the full possession of his faculties, and was buried beneath the sunny skies of the State which honored and was honored by him.

            At the general election of 1874, W. H. Beatty was elected to succeed Justice B. C. Whitmore, defeating A. M. Hillhouse, and Warner Earll was elected to fill out the balance of the unexpired term of John Garber, defeating Justice C. H. Belknap, the incumbent. Judge Beatty was the son of H. O. Beatty, one of the first justices, and a lawyer of marked ability. In the political revolution which occurred in 1880 he was defeated for re-election by Judge C. H. Belknap. Justice Beatty was destined, however, not to remain long without judicial honors. Having moved to California in the meantime, he was elected in 1888, Chief Justice of that State, which position he has filled with distinguished honor to the present time.

            Justice Earll served but two years and was not a candidate to succeed

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himself. A tribute to his memory, worth and ability was pronounced by Justice Hawley and appears in the 19 Nevada Report.

            At the election of 1876, O. R. Leonard was elected to succeed Justice Earll and was re-elected in 1882, defeating M. Kirkpatrick and M. N. Stone, respectively. Judge Leonard was a native of Vermont and received his education at Dartmouth College. He was admitted to the Bar of California in April, 1863, and the following month moved to Humboldt County. He served two years as Judge of the Fourth Judicial District, 1872-1874. During his fourteen years upon the bench of Nevada, he rendered conspicuous service to the State.

            At the election of 1880, former Justice C. H. Belknap was elected over W. H. Beatty and was re-elected in 1886, 1892 and 1898. He was elected without opposition in 1892 and in 1898 his only opponent was a farmer by the name of M. J. Price, who was nominated to fill out the Populist ticket. T. D. Edwards was the defeated candidate in 1886. His service of twenty years upon the Supreme Bench is the highest testimonial to his character and ability that could be offered. He retired from the bench January 1, 1905, and a few years later moved to San Francisco, where he now resides.

            In 1888, M. A. Murphy was elected to succeed Justice Leonard, defeating W. M. Seawell, the Democratic nominee. Six years later Justice Murphy, who was a staunch Republican, lost the election to M. S. Bonnifield, the nominee of the new Silver Party, which was then all-powerful in this State. Judge Murphy was a native of New York, where he was born September 29, 1837. His death occurred at Carson City, October 26, 1909. He came to California in 1853 and ten years later moved to Aurora, Nevada. His ability and sterling character marked him for prominence in his adopted State. After serving a term as District Attorney of his county he was elected, in 1878, Attorney-General and upon the conclusion of his term was elected District Judge of his District. In 1903 he was again elected Judge of the First Judicial District.

            In 1890, R. R. Bigelow, then District Judge of Elko County, was elected to succeed Justice Hawley, defeating J. H. MacMillan, and upon the resignation of Justice Hawley was appointed to fill out the unexpired term. He served the full term of six years and then retired to enter private practice. He died at San Francisco in 1907, in his fifty-ninth

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year. From the memorial to Justice Bigelow, found in 29 Nevada Report, we quote :

            "Judge Bigelow in his professional and private life exemplified the highest type of patriotic citizenship, of the skilled and honest lawyer ; in his official life, of the able and upright judge."

            Justice M. S. Bonnifield, who was elected in 1894, served his full term and retired to private practice at Winnumucca, Nevada, where he still resides. The opinions written by Justice Bonnifield speak for his ability and legal learning. Prior to his election he had served as District Judge of his District.

            In 1896, W. A. Massey was elected to succeed Justice Bigelow, defeating ex-Justice M. A. Murphy and B. F. Curler. A few months prior to the expiration of his term, Judge Massey, then Chief Justice, resigned to enter private practice, since which time he has been one of the foremost members of the Nevada Bar. Upon the death of Senator Nixon, in 1912, Judge Massey was appointed United States Senator until the election of his successor by the Legislature of 1913. Governor Sadler appointed T. V. Julien, a member of the Washoe County Bar, to fill out the unexpired term of Justice Massey. Justice Julien has the distinction of being the only member of the court who ever wrote an opinion during his incumbency of office.

            At the election in 1900, Judge A. L. Fitzgerald, then Judge of the Third Judicial District, was elected to succeed Justice Bonnifield, defeating Trenmor Coffin, the Republican nominee. Justice Fitzgerald served his full term, but was not a candidate to succeed himself. Upon his retirement he entered private practice at his former home at Eureka. In 1908 he became a candidate for Congress on the Independence League ticket. He is a member of the Legislature of the 26th session. Judge Fitzgerald is a great student of the money question, upon which he is an authority.

            In 1902, George F. Talbot was elected to succeed Justice Massey, defeating P. M. Bowler, Jr., and was again elected in 1908, defeating Hugh H. Brown, the Republican nominee, and Emil Lorke, Socialist. Prior to his election to the Supreme Bench, Judge Talbot had served the people as District Attorney of Elko County and as District Judge of the Fourth District. By virtue of his office, he is the present Chief Justice. In addition to his long service on the bench, he is the president of the State Historical Society.

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            At the election in 1904, Frank H. Norcross was elected to succeed Justice Belknap, defeating Hon. H. F. Bartine. He was re-elected in 1910 without opposition. Justice Norcross has the distinction of being the first native-born Nevadan to be elected to the Supreme Bench. Prior to his election as a Justice of the Supreme Court, Judge Norcross served the people of his county, Washoe, as County Surveyor, District Attorney and member of the Assembly.

            At the election of 1906, James G. Sweeney was elected to succeed Justice Fitzgerald, defeating E. R. Dodge, Republican, and A. B. Anderson, Socialist. Justice Sweeney is also a native Nevadan, and with the exception of Justice Lewis, the youngest member ever elected to the Supreme Bench. He had previously served the public in the capacity of District Attorney, Assemblyman and Attorney-General. He did not become a candidate to succeed himself and has entered the private practice of the law.

            Justice Sweeney was succeeded by P. A. McCarran, the last member of the court to be elected. Justice McCarran is also a native of Nevada. At the election of 1912, he defeated George A. Bartlett, Independent ; W. R. Thomas, Progressive, and J. M. Lockhart, Republican candidate. Prior to ascending to the bench, Judge McCarran served a term as District Attorney of Nye County. Judge McCarran is an orator of ability and had gained an enviable reputation as a successful criminal lawyer.

            Since the organization of the State Supreme Court, it has considered over two thousand cases, which are comprehended in thirty-four volumes of Nevada Reports. Many of the cases considered by this court involved millions of dollars of property. The questions which it has considered cover a very wide range of law. Some of the most prominent members of the American Bar have appeared as counsel before the court.

            Clerks of the Supreme Court.—The first clerk of the Supreme Court was Alfred Helm, who had previously served as Clerk of the Territorial Court. He was thrice elected and held office from the organization of the court in December, 1864, to January 1, 1875. C. F. Bicknell was elected clerk November 13, 1874, and was thrice thereafter re-elected, holding office until January 1, 1891. At the general election in 1890 Joseph Josephs was elected, holding office until January I, 1895.

            The Legislature of 1893 passed an act making the Secretary of State ex-officio Clerk of the Supreme Court. Under the provisions of this act,

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Eugene Howell, who was elected Secretary of State in 1894, acted as ex-officio Clerk of the Supreme Court for a period of eight years. Following the incumbency of Mr. Howell, W. G. Douglas, who filled the office of Secretary of State for two terms, was ex-officio Clerk of the Court, his deputy, Mr. J. W. Legate, transacting the official duties of clerk for his principal. Prior to the election of 1910, Mr. Joseph Josephs, who had formerly served as clerk, filed nomination papers for the office as clerk. In mandamus proceeding brought before the court to compel the Secretary of State to file his nomination papers, the Supreme Court determined that the Legislature was without power to attach an elective constitutional office to that of another State officer and held the act making the Secretary of State ex-officio clerk unconstitutional. Mr. Josephs and Mr. J. W. Legate were rival candidates for the office, the former defeating the latter upon official count by eleven votes. A contest was instituted by Mr. Legate before the Supreme Court which lasted the greater part of two years, resulting in favor of the election of Mr. Josephs.

            Official Court Reporter.—The Legislature of 1907 made provisions for an official court reporter. Mr. James D. Finch, a lawyer and expert stenographer was appointed to this position, subsequently resigning the same to accept the position of private secretary to the Governor. Mr. Robert Richards, also an attorney and efficient stenographer, was appointed to succeed Mr. Finch. After serving two years he resigned to enter the private practice of the law. His brother, Mr. John Richards, possessing the same qualifications, was appointed his successor.

            Attorneys-General.—It is interesting to note that there has never been a succession in the office of the Attorney-General. Attorneys-General in the order of their election are as follows :

            George A. Nourse, Robert M. Clarke, L. A. Buckner, John R. Kittrell, M. A. Murphy, W. H. Davenport, John F. Alexander, J. D. Torreyson, Robert M. Beatty, W. D. Jones, Jas. G. Sweeney, Richard C. Stoddard and Cleveland H. Baker. Robert M. Beatty died in office and Jas. R. Judge was appointed his successor. W. D. Jones resigned to accept the appointment as District Judge and Hon. Wm. Woodburn was appointed to the vacancy. Cleveland H. Baker died in office and George B. Thatcher was appointed for the unexpired term. Mr. George Springmeyer, who was the opposing candidate against Cleveland H. Baker for

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the election, instituted a contest for the office which, after consuming the greater portion of two years, was abandoned by the contestant.

            District Courts.—The Constitution divided the State into nine judicial districts, as follows : First, the County of Storey ; second, the County of Ormsby; Third, the County of Lyon; Fourth, the County of Washoe ; Fifth, the Counties of Nye and Churchill; Sixth, the County of Humboldt; Seventh, the County of Lander ; Eighth, the County of Douglas ; Ninth, the County of Esmeralda. District judges first to be elected under the Constitution were as follows : First District (which was allowed three judges), R. S. Mesick, Richard Burbank and Richard Rising; Second, S. H. Wright ; Third, Wm. Hayden ; Fourth, C. C. Goodwin ; Fifth, S. L. Baker; Sixth, E. F. Dunn; Seventh, W. H. Beatty; Eighth, D. W. Virgin; Ninth, S. H. Chase.

            Prior to the Act of March 5, 1869, which went into effect on the first Monday in January, 1871, some confusion existed in the manner in which the State was districted. An Act of 1866 districted the State as follows : First, the County of Storey ; Second, the Counties of Ormsby and Douglas; Third, the County of Washoe; Fourth, the County of Lyon; Fifth, the County of Humboldt; sixth, the County of Lander ; Seventh, the Counties of Nye and Churchill ; Eighth, the County of Esmeralda.

            The County of White Pine was created by the Legislature of 1869 and designated the Eighth Judicial District. The County of Lincoln was created and comprised the Ninth Judicial District. The County of Elko was created and designated the Eleventh District. By this arrangement there were two Eighth Judicial Districts and none numbered Ten.

            The judges who held office until 1871, under the foregoing statute, were : First District, Richard Rising ; Second District, S. H. Wright ; Third District, C. N. Harris ; Fourth District, Wm. Haydon; Fifth District, G. G. Berry ; Sixth District, John H. Boalt, Seventh District, Benj. Curler ; Eighth District (Esmeralda, J. G. McClinton; Eighth District (White Pine), Wm. H. Beatty; Ninth District, Charles A. Leake (deceased) and John D. Gorin; Eleventh District, George D. Keeney.

            The Legislature of 1869 redistricted the State, to take effect in 1871, as follows : First, the County of Storey ; Second, the Counties of Ormsby, Douglas and Washoe ; Third, the Counties of Lyon and Esmeralda ; Fourth, the County of Humboldt ; Fifth, the Counties of Nye and Church-

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ill ; Sixth, the County of Lander ; Seventh, the County of Lincoln ; Eighth, the County of White Pine ; Ninth, the County of Elko.

            Under the statute last mentioned the following were elected judges of the several districts : First District, Hon. Richard Rising ; Second District, Hon. C. N. Harris ; Third District, Hon. W. M. Seawell ; Fourth District, Hon. G. G. Berry ; Fifth District, Hon. O. R. Leonard and Benj. Curler ; Sixth, Hon. D. C. McKinney ; Seventh, Hon. Mortimer Fuller; Eighth District, Hon. Wm. H. Beatty; Ninth District, Hon. J. H. Flack. Judge G. G. Berry was succeeded as judge of the Fourth District in 1872 by Hon. O. R. Leonard.

            The Legislature of 1873 redistricted the State. The First, Fourth, Seventh and Ninth Districts were not changed in their boundaries. The Third was changed to include the County of Lyon only ; the Fifth to include the Counties of Lander, Nye and Churchill ; the Sixth to include the Counties of White Pine and Eureka ; the Eighth to include the County of Esmeralda. The judges elected for the term beginning January 1, 1875, were as follows : First District, Hon. Richard Rising; Second District, Hon. F. H. Wright ; Third District, Hon. W. M. Seawell ; Fourth District, Hon. W. S. Bonnifield ; Fifth District, Hon. D. C. McKenney ; Sixth District, Hon. F. W. Cole; Seventh District, Hon. Henry Rives ; Eighth District, Hon. J. S. Jameson ; Ninth District, Hon. J. H. Flack.

            The Legislature of 1877 redistricted the State, reducing the number from nine to seven. The boundaries of the First, Second, Fourth and Fifth were not changed; the Third was changed to include the Counties of Nye and Esmeralda ; the Sixth to include the Counties of Eureka, White Pine and Lincoln ; the Seventh to include the County of Elko, corresponding to the Ninth District under the preceding act. The judges of the several districts for the years 1879-1883 were : First District, Hon. Richard Rising ; Second District, Hon. S. D. King; Third District, Hon. W. M. Seawell; Fourth District, Hon. W. S. Bonnifield ; Fifth District, Hon. D. C. McKenney ; Sixth District, Hon. Henry Rives ; Seventh District, J. H. Flack. Judge Flack died during the last year of his term and R. R. Bigelow was appointed his successor.

            The Legislature of 1881 redistricted the State. The First, Fifth and Sixth Districts remained as provided in the preceding act; the Second was changed to include the Counties of Ormsby and Douglas ; the Third, the Counties of Lyon and Esmeralda ; the Fourth, the Counties of Hum-

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boldt and Elko ; the Seventh, the County of Washoe. The judges elected to serve for the term beginning January 1, 1883, were as follows : First District, Hon. Richard Rising; Second District, Hon. T. D. Edwards ; Third District, Hon. M. A. Murphy ; Fourth District, Hon. R. R. Bigelow ; Fifth District, Hon. D. C. McKenney ; Sixth District, Hon. Henry Rives ; Seventh District, Hon. W. M. Boardman.

            The Legislature of 1885 passed an act constituting the entire State one judicial district and providing for three judges thereof ; under this act, at the general election of 1886, Richard Rising, R. R. Bigelow, A. L. Fitzgerald were elected. The act provided for the selection of a presiding judge and Richard Rising was selected for that position.

            The Legislature of 1887 provided for an additional judge and Thomas H. Wells was appointed to the position. The State remained one district for a period of eight years. Judge R. R. Bigelow, who had been elected a judge of the Supreme Court at the general election of 1890, resigned his office as District Judge, December 2, 1890, and A. E. Cheney was appointed his successor. At the general election of 1890 the District Judges elected were Richard Rising, A. L. Fitzgerald, A. E. Cheney and George F. Talbot.

            The Legislature of 1891 again divided the State into judicial districts, comprising four, as follows : The First included the Counties of Storey, Ormsby, Douglas, Lyon and Esmeralda ; the Second, the Counties of Washoe, Churchill and Humboldt; the Third, the Counties of Nye, Lander and Eureka ; the Fourth, the Counties of Elko, White Pine and Lincoln. At the general election of 1894 the judges elected for the several districts were as follows : First District, Hon. Chas. E. Mack ; Second District, Hon. A. E. Cheney ; Third District, Hon. A. L. Fitzgerald ; Fourth District, Hon. Geo. F. Talbot. On November 25, 1898, Judge Cheney resigned and B. F. Curler was appointed to fill the unexpired term.

            The Legislature of 1897 created a new district out of the County of Humboldt, the same being designated as the Fifth District. At the general election of 1898, judges were elected to serve in the several districts as follows : First District, Hon. Chas. E. Mack ; Second District, Hon. B. F. Curler; Third District, Hon. A. L. Fitzgerald ; Fourth District, Hon. Geo. F. Talbot ; Fifth District, Hon. S. J. Bonnifield. After serving two years of his term, Judge Fitzgerald was elected a Justice of

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the Supreme Court, resigning his office to take the latter position. W. D. Jones was appointed his successor.

            At the general election of 1902, judges of the several districts were elected as follows : First District, Hon. M. A. Murphy ; Second District, Hon. B. F. Curler ; Third District, Hon. Peter Breen; Fourth District, Hon. Geo. S. Brown; Fifth District, Hon. S. J. Bonnifield.

            The Legislature of 1903 attached Humboldt County to the Second District and provided two judges therefor, and created the Fifth District out of the County of Nye. At the general election of 1906 the following judges were elected for the several districts : First District, Hon. Frank P. Langan; Second District, Hon. John S. Orr and Hon. W. H. A. Pike ; Third District, Hon. Peter Breen ; Fourth District, Hon. George S. Brown; Fifth District, Hon. J. P. O'Brien.

            The Legislature of 1907 passed an act redistricting the State by adding two additional districts. Humboldt County was taken out of the Second District and constituted the Sixth District. Esmeralda County was taken out of the First District and constituted the Seventh District, for which two judges were provided. In order that the County of Esmeralda might immediately have the benefit of two additional judges, Judge Langan resigned and was immediately re-appointed as Judge of the First District and Theron Stephens and Peter J. Somers were appointed judges of the Seventh.

            The Legislature of 1909 redistricted the State, providing for nine districts. Churchill County was made the Eighth District and White Pine the Ninth. The Seventh District, Esmeralda County, was reduced to one judge. At the general election of 1910 the following judges were elected : First District, Hon. F. P. Langan ; Second District, Hon. John S. Orr and Hon. T. F. Moran ; Third District, Hon. Peter Breen; Fourth District, Hon. E. K. L. Taber ; Fifth District, Hon. M. R. Averill ; Sixth District, Hon. E. A. Ducker ; Seventh District, Hon. Peter J. Somers ; Eighth District, Hon. L. N. French; Ninth District, Hon. B. W. Coleman. January 1, 1913, Judge John S. Orr resigned and Cole L. Harwood was appointed his successor.

            Federal Courts.—Judge Alex. Baldwin was appointed Federal District Judge in 1865. He died four years later and Judge Edgar W. Hillyer was appointed his successor. Judge Hillyer died suddenly as a result of an accident in 1882. A beautiful tribute to the memory of Judge

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Hillyer is to be found in the 8th Sawyer Report. Ex-Chief Justice Whitman closed a splendid eulogy in these words :

            "May we all live so that at the quickly coming supreme moment our life sheaf may be as full of garnered loveliness, goodness and usefulness as that our dead brother brought."

            George M. Sabin was appointed to the vacancy created by the death of Judge Hillyer and served until his own death in 1890. Judge Thomas P. Hawley succeeded Judge Sabin and remained on the District Bench until his retirement in 1906. Hon. E. S. Farrington was appointed as the successor of Judge Hawley and is the present District Judge.

            In the earlier history of the District and Circuit Courts of the Ninth Circuit for the District of Nevada, it was the practice of Circuit Judge Lorenzo Sawyer to sit in the Circuit Court at Carson and try cases. Justice Stephen J. Field, of the Supreme Court of the United States, who was assigned to the Ninth Circuit, would also occasionally sit in bank with the Circuit and District Judge in the trial of cases. For the past twenty years, however, the business of the District and Circuit Courts has been left almost entirely to the District Judge. In recent years, particularly after the appointment of Judge Farrington, Circuit Judge W. W. Morrow and District Judges Van Fleet and De Haven, occasionally held court in cases in which Judge Farrington was disqualified by reason of having been attorney for litigants prior to his appointment.

            Thomas J. Edwards has been Clerk of the Federal Court for nearly thirty years.

            United States Attorneys.—Upon the organization of the State government, President Lincoln appointed Robert M. Clarke United States Attorney for the District of Nevada. Other U. S. District Attorneys in the order of their succession are Charles S. Varian, J. G. Whitcher, Thomas E. Haydon, Trenmor Coffin, Charles A. Jones, Sardis Summerfield and Samuel Platt. Charles A. Jones was shot and killed during his incumbency in office by one Guinan.

            The Bar in Public Life.—The Bar of Nevada has played a prominent part in public affairs. The first constitutional convention which met in 1862 to frame a constitution for the "State of Washoe" was composed of thirty-eight members, of whom nine, at least, were lawyers, to-wit: J. Neely Johnson, L. O. Sterns, J. H. Ralston, Marcus D. Larrowe, F. N.

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Kennedy, William M. Stewart, Cornelius M. Brosnan, John A. Collins and J. W. North.

            The convention, which met July 4, 1864, and adopted the Constitution, which was finally ratified, contained eleven lawyers among its members, as follows : Cornelius M. Brosnan, Charles E. DeLong, E. F. Dunne, Thomas Fitch, Lloyd Frizell, Albert T. Hawley, J. Neely Johnson, Frances H. Kennedy, George A. Nourse, Francis M. Proctor and J. H. Warwicke. J. Neely Johnson was president of the convention.

            But two lawyers have been Governors—James W. Nye, Governor of the Territory, and Tasker L. Oddie, the present Governor of the State.

            The list of Lieutenant-Governors includes the following members of the bar : J. Poujade, James R. Judge and Lemuel Allen.

            The following lawyers have been Speakers of the Assembly : R. D. Ferguson, Robert E. Lowery, John Bowman, H. A. Gaston, Charles S. Varian, Trenmor Coffin, Charles F. Bicknell, Lemuel Allen, C. D. Van Duzer, Marion S. Wilson, Samuel Platt and T. A. Brandon.

            Of the nine men who have represented the State in the U. S. Senate, five have been lawyers : James W. Nye, William M. Stewart, Francis G. Newlands, William A. Massey and Key Pittman.

          With but two exceptions, the Representatives of the State in Congress have all been lawyers. The list comprises H. G. Worthington, Delos R. Ashley, Thomas Fitch, Charles W. Kendall, William Woodburn, Thomas Wren, Horace F. Bartine, Francis G. Newlands, Clarence Dunn Van Duzer, George A. Bartlett and Edward E. Roberts. John W. Cradlebaugh represented the Territory in the Thirty-seventh Congress. John J. Musser was chosen a provisional representative of the Territory in Congress, but was never seated.

            Nevada Bar Association.—The need of an association of the lawyers of Nevada had been apparent for many years. There were several highly efficient local associations, but the State as a whole had none. From time to time the subject was discussed, but little, if any, progress was made. However, early in 1911, the matter assumed tangible form. The lawyers were informally addressed upon the subject and communications passed between them, with the result that certain of the profession issued a general call for a meeting to permanently organize the Bar of Nevada. There was a ready response to this call and the meeting convened on September 23, 1911, in the Washoe County Court House, Reno, Nevada.

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            Lawyers from all parts of the State attended this meeting. A permanent organization was effected under the name of Nevada Bar Association. A constitution and by-laws were adopted, officers elected and committees appointed. The object of the association, as stated in its constitution, is "to cultivate and advance the science of jurisprudence ; to promote reform in the law and in judicial procedure; to facilitate the administration of justice; to uphold and elevate the standard of honor, integrity and courtesy in the legal profession; to encourage legal education and to promote a spirit of cordiality and brotherhood among members of the bar."

            The association meets annually and there may be special meetings. At the request of the American Bar Association, a special meeting was held on May 1, 1912, at Reno, Nevada, for the purpose of obtaining the action of the association defining its position on the principle of recall of judicial officers. At this meeting it was determined to take a vote of the members through the United States mail, which was accordingly done, and as a result of said vote, it appeared that forty members favored, and forty-five members opposed the application of the recall to judicial officers.

            The second annual meeting of the association was held November 15 and 16, 1912, in Reno, Nevada, and was addressed by the president, Hugh H. Brown, upon the subject, "Unfair Criticism of the Courts," and addresses were also delivered as follows : "The Legal Profession and the Social Crisis," by Curtis H. Lindley, Esq., of San Francisco, California; "The Lawyer After Election," by Samuel Platt, Esq., of Carson City, Nevada, and "Shall the Extra Lateral Vein Right be Abolished," by L. G. Campbell, Esq., of Winnemucca, Nevada.

            The Reno Bar Association was organized in 1907, with Judge W. A. Massey as president and Albert D. Ayres as secretary. This association prosecuted two cases before the Supreme Court for disbarment of attorneys who had been guilty of conduct unbecoming an attorney in matters of divorce practice. Both attorneys were suspended.

            The Nye County Bar Association was organized at about the same time, with James F. Dennis president and Harry H. Atkinson as secretary.