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I can not but think that Mr. Samuel L. Clemens is censurably at fault for failure to bring these official representations to the attention of Colonel Sellers. That the publications of a humble and obscure individual like myself should have failed to attract the notice and arrest the attention of wealthy and prominent men of affairs is not surprising. But Mr. Clemens has for many years put himself forward as a comprehensive and accurate historian of his country, particularly of the West, and his books have been bought and devoured with avidity by a large and ever increasing circle of readers. For thirty years the above recited facts have been spread upon the records, and published in thousands of copies of the official reports, of the highest, most learned, and most dignified, powerful, and important judicial tribunal in the United States, or perhaps in the world, and it can be due to nothing less than the gross and criminal negligence of the writer whom I have named that this immense store of mineral wealth has remained for all this time undeveloped and unproductive, and, it may truthfully be said, undiscovered, at the very gates of our capital city.
BY JOHN S. GREGORY1 FOR THE ANNUAL
MEETING OF THE
STATE HISTORICAL SOCIETY, JANUARY 10-11, 1905.
Galveston, Texas, December 16, 1904.
Jay Amos Barrett, Curator:
DEAR SIR
-- I am in receipt of your kind invitation to appear at
your annual meeting of January next, and detail some of the early
history of Lancaster county as I may remember it.
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Nothing would afford me greater pleasure than to be
present upon that occasion, and exchange reminiscences with the
early settlers of that territory -- if any are yet left on earth
to meet, but as this is not possible at this time I will
contribute my mite in the form of this letter.
I would like to state something to a Historical
Society that would be an incident of history, but as nothing
occurred in my early day, I can not. 1 dislike to intrude in this
article so much of the pronoun I, but remember that at the first
election held in Lancaster county, which was a year later than my
first arrival, there were but eleven voters in the county, which
was a picnic for office-seekers, for every one could have one.
Therefore, if I am to say anything at all, it must involve myself
more or less. Of these seventeen, W. W. Cox,1 of
Seward, and myself are the only survivors, so far as I am
informed.
I first made my home in what is now Lincoln in
the summer of 1862, being the first permanent settler of that
city's site. Neighbors in the county were few and far between, but
for music we had nightly serenades from hundreds of coyote wolves,
who also loved chicken better than traveling ministers or
down-south darkies; therefore war was declared against the wolves.
Every evening in the winter months we would mount a horse, fasten
a piece of fresh meat to a lariat, and draw it over the ground in
a circuit of a mile or so, occasionally dropping a small pellet of
lard encasing a flake of strychnine. The wolves would take the
trail, and sometimes we would gather a dozen of them in the
morning. Their pelts paid the cost, and their carcasses were drawn
away to the banks of Salt creek, where we expected them to rot in
the spring. But a band of Pawnee Indians found them, and never
broke camp until the last carcass went into the soup, which we
were informed was "heap good for Ingun."
In 1863 there was quite an influx of temporary
citizens from the state of Missouri who came, as they stated, to
"get out of the draft" (this was war time, you know) and settled
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around Salt Basin. Of this number I remember the families
of Owens, Harmon, Eveland, Bird, Billows, Tinnell, Thatcher,
Pemberton, Church, and a few others. It was said that some of
these had been bushwhackers in Missouri, and had in fact come up
to the Salt Basins "for the benefit of their health"; but they
were as peaceful as doves while here, and all went back to
Missouri after the war was over.
During that year, Dr. Crimm and "Jim" Dye, of
Brownville, came to the Basin, and built a bench of salt boilers
and became my friendly rivals in the salt manufacture.
At an election late in the fall we elected Alf
Eveland justice of the peace, and Peter Billows constable, and
this was the first attempt to call in the aid of the law, in that
county. Prior to that date every man was his own law-giver, and a
brace of revolvers enforced it. "Alf" was a small, freckled-faced,
red-haired chap, very self-important, and ambitious to be called
"Squire Eveland." He had opened a "saloon" in his sod dwelling,
his stock in trade being a keg of whisky and a caddy of tobacco.
His wife, Elizabeth, was of massive proportions, at least four
times the size of her husband, and strong as she was big -- could
easily hold her lord at arm's length over her head, with her right
arm alone. It was said that after Eveland's stock in trade had
been paid for, he had ten cents left, with which he purchased a
drink at his bar, while his wife kept the saloon, and then she in
turn used it for the same purpose while "Alf" was bartender, and
by alternating this process quite a trade was established.
When "Alf" became justice of the peace, he went
to Nebraska City and provided himself with a justice docket book
and a full set of law blanks, and returned, fully equipped to
"dispense with justice" (as he put it) to all who should require
his services, but as it is difficult to make radical changes in
forms of law, more than six months passed without a single case
for Eveland's adjudication. The nearest to a case that I remember
was from this Peter Billows, who, by the way, was originally a
Pennsylvania Dutchman. Peter came over to my office one morning,
and said, "Gregory, John
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Owens' hogs broke into my garden last night, and
destroyed more than fifteen dollars' worth of damage. What can I
do about it?" I advised him to go and see John, and if he would
not fix it, he would have a case for Eveland, but as he and John
"fixed it," the justice case was a failure.
The first law case of this county appears in
"Justice Docket No. 1 -- A. Eveland, Esq., J. P., and is entitled,
"Crimm & Dye vs. J. S. Gregory, Action for Replevin," and it
arose as follows: Both Crimm and myself used a considerable amount
of salt barrels, which we made at our salt works, and the man,
Church, was a stave maker, obtaining his bolts from the headwaters
of Salt creek. On the morning Church started back to Missouri, he
came to my works, and sold me his stock of staves, amounting in
value to about $16. 1 went with him to his "dug-out," counted and
marked the staves, and took a bill of sale in writing, and paid
for them. During the same morning he sold the same staves to
Crimm, who also marked them, and took a bill of sale in writing. A
few days after, I went for them with my wagons, and when Crimm saw
me loading them, he came up and wanted to know what I was doing
with his staves. Of course it was a short story to explain the
situation, and we agreed to divide the lot and each stand half the
loss. But just at this point, a brilliant idea struck Crimm. He
said, "Say, Gregory, what a pretty case this would be for a
lawsuit. Here is Squire Eveland, who has spent a whole lot of
money for books and blanks, and has been a justice of the peace
for more than six months with out a single case. What do you say
to a lawsuit?"
So it was arranged that Crimm should rush down
to the "saloon," sue out a writ of replevin, and the constable
should take the property, and we would give the "Squire" something
to judicially decide. In due time the trial was had, Crimm
introduced his bill of sale, proved payment, and delivery to
himself by Church, on the day of his departure, and demanded
judgment. Whereupon the Squire announced that the plaintiff had a
clear case, and, as his mind was already made up upon that point,
he did not care to hear any evidence from
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the defendant. Of course defendant insisted that it was
not lawful to render a judgment without both sides being heard,
and demanded the right to produce his evidence. "Oh! go ahead,"
said the Squire, "if you insist upon it, but it will do you no
good, for I have already formed my opinion of the case." We
followed Crimm's presentation exactly, and then pleaded that, as
we were in possession of the property, in addition had as good a
right as the plaintiff, the plaintiff could not take it away from
us without showing some superior right. The Squire, who had been
so sure of his opinion, was evidently in a quandary and advised us
to try and settle the case between ourselves, to which we each
"angrily" objected, and asked him what a justice court was for, if
folks could agree without it. Finally, three days were taken in
which to announce a decision, at which time about all the men of
the settlement were present to hear the result. Court was called
to order and the Squire said, "Gentlemen, I have given the case my
best consideration, and the more I have studied it the more
difficult it seems to arrive at any conclusion its to which of you
rightfully own those staves. I think you should agree to divide
them." And announced that this was the only judgment he would
enter. To this we each protested, but consented to confer, each
with the other to see if we could compromise. After a short time
we filed back "into court," and announced that if the Squire would
remit his costs and treat the "boys" who had come to attend his
court, we would settle the case between ourselves, to all of which
he gladly consented.
I don't know how much whisky was left in that
keg, but doubt there being any; for the saloon business closed
from that day.
Will Pemberton was another of the "characters"
of Salt Basin. He was the youngest of the colony, and had many
good traits of character which I admired, but he was
quick-tempered and impulsive. I don't suppose he was any more
truthful than the ordinary denizens of the colony, but to be
called a liar was to him a deadly insult. One day he came
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over to my place upon his horse, at its fastest run. His face was pale and his eyes were green, and he was trembling with excitement. He said, "Greg, I want to know if I can depend upon you as my friend in trouble?" I answered him that he could up to the last hair. He then asked me if there was any law in Nebraska against killing birds. I told him there was not. He said he was awful glad to know it, for he had just killed Jim Bird over at the Basin. Said Jim had called him a liar, and he had shot him through the head, was awful sorry now that he had done so, but it couldn't be helped, said it broke him all up, and that he couldn't think what to do. He wanted me to think for him, and advise him; said he would light out and leave the country, or would stay and face the music, or any other thing I might advise. I told him it was bad business, and that before I could give him any reliable advice I would go over and see if he was not mistaken about Bird being dead. To this he said his revolver never failed to plant a bullet where he aimed it, and he saw Bird fall with his shot. I mounted my horse, and rode over, and the first man I saw was this same Jim Bird, busy cutting wood at the front door of his log cabin. His rifle leaned against the doorjamb, and as he caught sight of me he called me; said he wanted me to see what that Coyote Pemberton had done. A hole was through his hat, and a red streak on his head where the bullet grazed, and which had temporarily prostrated Jim, and had buried itself in the house logs. "Now," he says, "if Pemberton don't quit the country there will be a funeral tomorrow, for I will shoot him on sight." Well, I got down from my horse, and made Bird sit down with me, and I argued the case with him in all its bearings, told him what Pemberton thought of it, and finally Bird agreed that if Pemberton would come to him, and pass to him his pistols, as evidence of good faith, and beg his pardon for his rashness, and promise to keep the peace, Bird would let the matter drop. To all these Pemberton gladly complied, and again peace, and good will hovered over Salt Basin.
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John Cadman was another leading light
in ancient history. He was a politician of the foxy kind. He
always took a prominent part in every social or political move,
both for notoriety and as a source of revenue.
He was ready on all occasions to make an
"impromptu" speech, but always wanted about two weeks' time in
advance to prepare it, otherwise he was all at sea. On one
occasion I remember he was called upon, but being unprepared,
declined. As the audience insisted, a good, strong escort on each
arm walked him upon the platform "willy nilly," so John started
in: "My friends and fellow citizens, it affords me great pleasure
to--to--to come together again." The applause that greeted this
announcement about closed the remarks of the honorable gentleman,
and John took a seat. Cadman died several years ago in
California.
The Lancaster colony had its advent in 1861, but
this being modern history, and subsequent to my early day, I leave
its record for others.
I have been invited by you to present a paper at this annual meeting of your Society upon the subject of "Justice on the Frontier," or "another subject," if it pleases me better. Having been for sixteen years an active participant in adminis-
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tering justice on the frontier, no subject would be so
interesting to me as that; but I have thought best to defer this
to some future time, and have chosen the subject of "Judicial
Graft," which is robbing the taxpayers of this state of nearly
$100,000 annually, and which demands our immediate attention, as
the legislature, which has the only power to remedy this evil, is
now in session.
During the session of the legislature of 1891 1
was asked by several members my opinion of the necessity of in
creasing the number of judges and judicial districts which had
been asked for and given at previous sessions and I gave one of
them at that time, the following communication, which was
published in the Nebraska State Journal:
"For session after session I have seen the
number of judicial districts and judges increased, at an
unnecessary expense to the taxpayers. I did not suppose a
repetition of this would be attempted in the present legislature,
elected on the issue of economy. We have twelve judicial districts
and twenty-one district judges, nearly as many as England,
Scotland, Ireland, and Wales, with a population of over forty-two
millions. The reason of this useless increase is, there is no
branch of our government so little understood by the people and
legislators, who are not lawyers, as the judicial. I know of
instances during a campaign when certain lawyers have espoused the
cause of candidates to the legislature, under promise of using
their influence, if elected, to increase the number of judicial
districts and judges, when both parties knew there was no
necessity of it, hoping thereby to secure a judgeship, and this,
under the false cry of increase of law business and necessity, and
honest members have been induced to vote for this increase.
"During a former session of the legislature, a
majority of the district judges informed a committee thereof it
was not necessary to increase the number of judicial districts and
judges; but the bill passed, increasing the same, through the
influence of tricksters and politicians. When my district was last
divided, a majority of the lawyers in the newly created district
therefrom, and Judge Cochran, the appointee of the new district,
frankly and honestly said there was no necessity for it. But the
program of the rapacious politicians prevailed.
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"From 1876 to 1883 my district comprised over twenty counties, all the state west of Nuckolls, Clay, Howard, and Valley counties, and included the unorganized county of Sioux, extending north to Dakota; and during that time I kept my dockets clear by holding Court less than one-third of the time, and had to travel by carriage to reach many of the courts; and had more criminal business than there was in any two other districts in the state. The first three years I was judge I tried twenty-six murder cases, and the first six years, forty-three. "When the subject of increasing the number of judicial districts began to be agitated, I commenced to keep an account of the number of days I held court in each county. In 1880 I held court in all, in my district, 113 days, the largest number I have ever held in one year, occasioned by an unusually large number of murder cases, among which was the infamous Olive's trial, which consumed more time than I ever devoted to one case. In 1881, I held court 94 days; in 1882, 93 days; in 1883, after the territory north of the Platte was cut off from my district, by the politicians, against my protest, as I could do all the business by holding court one-third of the time, I held court but 46 days; in 1884, 34 days; in 1885, 64 days; in 1886, 59 days; in 1887, 72 days. And notwithstanding I could do the business of the entire district in 72 days, the legislature this year cut off from my district all west of Phelps and Harlan counties, which I protested against, as I could do the business of the whole territory of the district as it was, in less than one-third of the time, and save the taxpayers the unnecessary expense of the salary of the judge and reporter, amounting to $4,000 a year. In 1888 I held court in my district 89 days; in 1889, 107 days, the business largely increasing in Adams County this year, on account of the litigation growing out of the collapse of the boom in Hastings; in 1890 I held court 90 days. There will be much less business this year than last. My dockets are as clear as I can get them, and are gone through with every term, and all cases thereon tried, unless continued by mutual consent; or on an iron-clad affidavit, if either party desires trial; and yet I see a bill has been introduced to increase the number of judicial districts and judges, and even to create another judge for my district, when there is not half business enough to occupy my time. By examination of the dockets and business transacted in the courts as near as I can com-
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pute it in volume of law business, my district stands at
the present time fourth in the state. With the exception of the
second and third, I can take any two districts in the state and
keep the dockets clear, and not run court over eight months in a
year; and so can any man who will strictly attend to and rush the
business, by running the courts a reasonable number of hours each
day. As I have an abundance of time, I do not dispatch the
business nearly as rapidly as I might and should were I pressed
for time. Instead of increasing the number of judges and judicial
districts, better enact laws requiring the courts to open in the
morning and run the entire day, and do an honest day's work, and
clear up the dockets and dispose of the business thereon. If men
in other vocations would run their business in the way many
lawyers and courts do theirs, they would bankrupt themselves in a
short time. The burlesques and criticisms on the legal profession
and the courts are not without just cause.
"If you have any legislation for relief, give it
to the supreme court, which is so overworked and overburdened with
business, it is impossible for any three men to transact it. The
increase of judges and judicial districts is for the purpose of
giving drones more time to sleep and do nothing and to furnish
more teats for the public political pigs. As President Lincoln
once said to a lot of worthless office-seekers for whom he had no
place, 'Better kill the pigs than increase the number of
teats.'
"The salaries of the present district judges and
their reporters alone cost the tax payers of Nebraska $84,000 a
year; and each new judge and his reporter will cost the public
$4,000 a year. Think of this when you create an office that is not
necessary. I deem it my solemn duty to give you my opinion on this
subject, based on actual knowledge from over fifteen years'
experience as district judge. I owe this to a tax-ridden and
unfortunate people as well as to my own conscience. Whatever the
outcome of this matter, I have done my duty to the people of the
state. You have asked me for my opinion and I have honestly given
it to you."
At this session of the legislature of 1891 was made the worst judicial graft that was ever made in the state, by increasing the number of judicial districts to fifteen and the number of district judges to twenty-eight.
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When I came to the state in 1868 it was divided by the Constitution and law into three judicial districts, to which but three judges, elected by the voters, were assigned by the legislature, by which times and places of holding courts were provided, and the three district judges, by the Constitution and Statute, were made supreme judges. They were Oliver P. Mason, chief justice, Lorenzo Crounse, and George B. Lake, the first judges of the state elected under the Constitution of 1866, and in the aggregate, in my opinion, we have never had a better, if as good, a supreme court. They were the pioneers and founders of our judicial system, as promulgated in our early reports, which are a credit to them and an honor to our state. Under the judicial system then in force they promptly disposed of the business of the courts, kept their dockets clear and gave general satisfaction. Section 8, article 4, of the Constitution of 1866 provided that, "The legislature may, after 1875, increase the number of justices of the supreme court and the judicial districts of the state." Under this system the number of judicial districts and judges might be increased after 1875, but to a comparatively limited number, as the supreme judges were ex officio district judges. Under article 2, section 8, Constitution of 1866, after ten years the legislature could increase the number of senators not to exceed twenty-five, and the number of representatives not to exceed seventy-five. So to get rid of these and other wholesome restrictions, the rapacious politicians, office-seekers, adventurers, and grafters, who had swarmed to the now state for self and political preferment, being in a majority, proceeded to the calling of a constitutional convention, adopted the Constitution of 1875, which created our present system of district judges and judicial districts, opening the way for so many superfluous offices and places; imposing on the taxpayers a large expenditure of unnecessary money. I was nominated a member to that convention by acclamation, but declined. The New England and other states for long years had, and some now have, the same judicial system as Nebraska had under the Constitution of 1866, which I lived
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and practiced under prior to coming to Nebraska; and I am
not sure it is not the better system. This system, where the
district and supreme judges occupy the same position, tends to get
a better class of lawyers and men for district judges than under
our present system, as the people realize that all their judges
must or should be qualified for the position of supreme judges as
well as for district judges. It really requires a better lawyer
for district judge, who has to pass on a multitude of questions as
they arise in the contest of the trial, with no chance for
reference, than for supreme judge, who has ample time for
examination, study, and reflection before writing his
decision.
Here let me depart and say that in my native
state, Maine, in choice of judges and school officers, by common
consent, politics are ignored; the judges are often retained until
extreme old age, and as long as their physical and mental
faculties remain intact, by experience growing better each and
every term of office. The selection of judges, by all means,
should be removed from the dirty pool of politics, as no business
is so dishonest, disreputable, and injurious to the public as
professional politics.
Under the Constitution of 1875 the state was
divided into six judicial districts, providing for one judge for
each district, to be elected by the voters of the district for
four years. At that time I was residing in Franklin county, which
in the apportionment was in the fifth district. When the time came
to choose a candidate for district judge for the district, many
asked me to become the candidate, which I at first declined, but
at last consented to be, and was triumphantly elected, with three
candidates in the field. At the expiration of my first term, I did
not even attend the judicial convention to nominate my successor,
but was nominated by the republicans and indorsed by the
democrats, no one running against me. At the close of my second
term I was nominated and again supported by all parties. At the
expiration of my third term I was again nominated and elected
practically without opposition, making sixteen consecutive years I
served the
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people, according to the best of my ability, running the
courts with dispatch and as economically and parsimoniously as if
the cost and expenses came out of my own pocket.
When I was first elected, the district covered
at least half of the territory of the state, sparsely settled,
railroads reaching but few of the county seats, and infested with
outlaws and the worst kind of criminals. Court was not held by me
for ornament, but strictly for business, and soon law and order
were established and crime was promptly and fearlessly punished,
even at times in peril of my life. Fortunately, Gen. C. J.
Dilworth was district attorney. He was one of the coolest and
bravest of men, a gallant soldier in the Union army during the
Civil War, affable and judicious, clear-headed and a good trial
lawyer, having genius and tact to convict criminals, without
exciting their hatred, ever cooperating with me to secure the
conviction of the guilty; and he is entitled to his full share of
the credit for redeeming the district from the reign of terror in
which we found it. We conferred together constantly, and I could
always rely upon his good judgment. His services were appreciated
and rewarded by the law-abiding citizens of Nebraska by electing
him attorney general of the state for two terms, which position he
filled with credit, as he ever did any public position entrusted
to him. He has gone out from among us to the land of the unknown,
leaving behind him his widow, an excellent lady, and a worthy and
upright son, occupying a prominent position at Omaha, in the legal
department of the C., B. & Q. Ry. Co. After General Dilworth
was elected attorney general, during the last of the carnival of
crime in the fifth district, Hon. Victor Bierbower, peculiarly
fitted for the position, occupied the position of district
attorney, who acquitted himself with credit, and who died a few
years ago in Idaho occupying a prominent state office.
Unfortunately for the taxpayers of Nebraska, the
Constitution of 1875, by provision of article 6, section 2,
provided that "on and after 1880 and every four years thereafter,"
the legislature had authority to increase the number of judicial
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districts and the number of district judges. Authorized by the above provision, in the session laws of 1883, chapter 37, page 218, the politicians, tricksters, and grafters induced the legislature to increase the number of judicial districts from six to ten, and to add an extra judge for the fourth district; authorized the governor to appoint new judges created by the act until the next regular election, which was promptly done, when there was not the least necessity for this increase; adding to the state taxes $4,000 for the salary of each new judge and his reporter, making $20,000 increase in state taxes for the salaries of the five unnecessary judges and reporters, besides the unnecessary costs and fees of additional bailiffs, jurors, etc., falling on the counties. By act of the legislature of 1885, session laws of 1885, page 239, an additional judge was provided for the second district, the attendant officers following as a consequence, only two years subsequent to the prior act of 1883, extending the number of judicial districts to ten, when section 2, article 6, of the Constitution provides that the number of judges and judicial districts can be increased but once in four years. Well do we remember the juggling and hair-splitting of the supreme court to get around this provision of the Constitution. After this construction the head-gates were hoisted, and the grafters turned loose to rob the people of the state by creating unnecessary judges and reporters, and court hangers on ad libitum. In 1877 by act of the legislature, found in chapter 6, page 95, the judicial districts were increased to twelve and the number of district judges to nineteen, increasing the state taxes $24,000, the pay of the superfluous judges and reporters, besides the court expenses of extra bailiff fees, jurors, and other court hangers-on. This act provided for four judges for the fourth district, two judges each for the first, fourth, seventh, and ninth districts, and one judge each for the other districts. By act of the legislature of 1889, Session Laws, chapter 44, page 418, an additional judge was provided for the tenth judicial district, increasing the whole number of district judges to twenty. After law business had greatly fallen off, by act
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of 1891, Session Laws, chapter 6, page 70, the number of
judicial districts were increased to fifteen and number of
district judges and reporters to twenty-eight; districts two,
seven, eight, nine, ten, twelve, thirteen, and fourteen having one
judge each; the first, fifth, sixth, eleventh, and fifteenth
having two judges each; the third district having three judges;
and the fourth district seven judges. This is one of the most
palpable grafts ever perpetrated on the people of the state.
Though litigation and business of the courts have greatly
decreased, amounting at most to not more than one-third of what it
did ten or twelve years ago, there is no diminution in the number
of districts, district judges and their reporters, and the
concomitant court hangers-on; and though Governor Mickey, one of
the best governors for good people and one of the worst for the
grafters, in his first inaugural address drew the attention of the
legislature to this palpable evil, not the least attention was
paid to or notice taken of it. Though this useless expenditure of
public money has been apparent to and felt by those conversant
with it for years, no steps have been taken to eradicate it. What
is everybody's business is nobody's business. When a public office
is once created, it can be got rid of only with great
difficulty.
As I have said, there are now in Nebraska
fifteen judicial districts, twenty-eight district judges, and the
same number of reporters, every judge and his reporter costing the
tax payers of the state $4,000, besides the extra jurors, criers,
bailiffs, and court hangers-on, costing the counties a large sum.
I have gone over the matter and made a quite careful estimate, and
it seems to me that one judge is ample for the first district,
which now has two; that the two counties, Otoe and Cass,
comprising the second district, should be attached to the
adjoining districts and that district be dispensed with; that one
judge is sufficient for the third district, which now has three;
that two judges are ample for the fourth district, which now has
seven; that one judge is ample for each of the fifth, sixth,
eleventh, and fifteenth districts, which each now have two judges;
that the counties in the seventh district
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should be attached to the adjoining districts where the
judges have not more than business enough to occupy one-third of
their time; that the tenth and twelfth districts should be united
in one, and the same disposition be made of the thirteenth and
fourteenth; thus dispensing with seventeen useless and unnecessary
judges and the same number of redundant reporters, whose salaries
annually amount to $68,000; besides the other costs of unnecessary
jurors, bailiffs, and other officers attached to and attendant on
the unnecessary judges aggregating some $100,000 yearly expenses
and salaries. The last graft, the worst, most obvious and
unnecessary of all, passed by the legislature of 1891, after law
business had begun to decline.
The district comprising Douglas, Sarpy,
Washington, and Burt counties is the only one that ever required
more than one judge, not more than two, during the large
foreclosure and other cases for a short time, occasioned by the
collapse of the boom, a large portion of which went by default,
which was the case to a greater or less extent all over the state.
This gave the grafters, designing and professional politicians an
opportunity to impose upon the honest and well-meaning public and
legislators, thereby to unnecessarily increase the number of
judges and judicial districts, by falsely heralding the increase
of law business and cases in the courts. These boom cases were
mostly default cases, and added very little to the work of the
judges and reporters, the decrees and journal entries being
written largely by the clerks of the district courts.
During the sixteen years I served as district
judge I presided over sixty-eight murder cases, and other
important criminal cases in proportion, most of them hotly
contested by able lawyers, and now a murder case is rare. I also
had frequent county-seat contest cases as well as important equity
cases containing important questions, and often involving large
sums of money; raising new questions arising in a new state, which
required much labor and research; and often held courts for other
judges in other districts, espe-
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cially the first five or six years I was judge, and on an
average not over one-third of my time was occupied in holding
court.
There is not in this state one-third of the law
business there was ten or twelve years ago, and it is growing less
every year, -- an excellent thing for the public. During all this
clamor for increase of district judges and judicial districts I
can not call to mind an instance when I have heard a district
judge advocate it; on the contrary, all I have talked with gave
their opinion that it was unnecessary; and that has been the
opinion I have heard all well-informed, honest lawyers of the
state express. At this time it is obvious to the most casual
observer of ordinary intelligence, lawyer or judge or not, that
the district judges, reporters and judicial districts should be
greatly reduced. Would it not be a joke if the present legislature
increased the number of judicial districts and district judges
instead of reducing them? That was just what was done by the
legislature of 1891, after I gave a number of that body the
communication I have just read, which was published in the State
Journal, and to my certain knowledge other district judges gave
members of the legislature the same opinion. If the politicians,
tricksters, and grafters have control of the legislature, and so
will it, it will be done, however detrimental to the public
interest and though honest members may oppose it. Both parties
preach economy righteousness, and strict conformity to the laws
and Constitution during campaigns, but disregard their campaign
vows when they get in power. All kinds of subterfuges, after being
installed, are used to continue and create superfluous and
unnecessary and illegal positions in and about the state house and
elsewhere to reward relatives, friends, and politicians of the
successful party, who helped elect the members in power. They
become so thick in and about the state house during the session of
the legislature, they run over and trample each other down, though
a goodly number of the grafters whose names are on the pay roll
and drawing salary are absent.
© 2000, 2001 Pam Rietsch, T&C Miller