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About The Dillon Examiner (Dillon, Mont.) 1891-1962 | View This Issue
The Dillon Examiner (Dillon, Mont.), 03 Dec. 1941, located at <http://montananewspapers.org/lccn/sn85053034/1941-12-03/ed-1/seq-3/>, image provided by MONTANA NEWSPAPERS, Montana Historical Society, Helena, Montana.
«| , ~ T >** «*t* \ r ^ i * 4 * i H î - ^ ¿ w -'■' f 1 ■> fa T * L * * ' 4 * w ' i t i * < j 7 ^ ” DILLON EXAMINER C h i e f J u s t i c e H o s m e r , B r a v e P i o n e e r O f f i c e r , B r o u g h t L a w t o L a w l e s s M o n t a n a T e r r i t o r y <8>- Among the many notable men who were early officials of Montana was Chief Justice Hezekiah L. Hosmer, whose home was at the house of Gov. Sidney Edgerton during his brief stay in Bannack. With him came his fam ily, consisting of his young wife, and two children of his first wife, a boy and a girl. Edgerton was familiar with Judge Hosmer’s reputation as a lawyer, and editor of the Toledo, O., Daily Blade. He was also the author of the “Oc toroon,” a popular novel in antislavery circles. He was 50 years of age when he came to Bannack, and looked much older, his hair—what there was of it—being quite gray. The only thing young about him seemed to be his eyes, which were unusually large and expressive. He might have been hand some but for his protruding under lip, somewhat like that of the Haps- burgs. Of medium height, in appear ance he was commanding. Gifted with a keen sense of humor, his conversa tion was always interesting, and be cause of his knowledge of the world, worth hearing. Both Judge Hosmer and Edgerton Judge Lyman E. Munson, who with Chief Justice Hosmer opened the first court in the territory. once belonged to the secret organiza tion known as “Knights of Malta,” that had for its sole purpose the fool ing of its initiates. Judge Hosmer took such delight in recounting these ex periences, that he would laugh until the tears rolled down his cheeks. Went to Virginia City On leaving Bannack, he went to Vir ginia City, which was not then the capital, but boasted of a larger pop ulation than the little mining town on the Grasshopper, where the first Montana legislature met. Before the arrival of Judge Hosmer, there was no law there except what was furnished by the miners’ courts, from which there was no appeal; and the de cisions of the vigilance committees, that were summarily executed. As it has been well said “Self liberty and self preservation made men who re garded law as a necessary attendant upon happiness, heroes in those days.” M e h a m a m i « , G r e a t F a l l o t ^ e s i d e m t In such communities the establishment of law was certain to be difficult. There was no law library in the territory, and comparatively few law books. Fortunately the lawyers had good memo^es and had studied their textbooks to some purpose. No court house having been built, it was de cided to open courftin the dining room of the Planters House, on the corner of Jackson and Idaho streets in Vir ginia City. The selection of this room proved not to be without its disad vantages, as the court sessions were likely to conflict with the meal hours of the Planters’ guests. Of the first session of the court, the Montana historical records state: “The time for the opening of the district court of the first judicial district, hav ing both federal and territorial nisi prius jurisdiction, arrived, it being the first Monday of December, 1864. The Planters House dining room was early cleared of breakfast dishes, a bench was improvised by putting a number of tables close together and then plac ing another table on top of them, be hind which the judge sat. Another table was arranged for the clerk, an other was for the lawyers, while the usual dining room chair of the day, a \stool made of four pieces of wood inserted in a piece of board, was placed for lawyers and spectators.” Lawyers Were Young The 22 lawyers who came together on this occasion were mostly young men, and many of them became dis tinguished later, either in Montana, or elsewhere. Most of them remained in Montana and shared in her pros perity. After Judge Hosmer had delivered his charge to the grand jury, the court adjourned, and a citizen approaching the judge remarked, “We are glad the government sent you here. We have some civil matters to attend to, but you had better let us take charge of the criminal affairs.” While the judge did not follow this well-meant advice, it was indicative of what he would have to contend with, in the exercise of his duty. After the court ceased to be held in the Planters House, it met in the Union League room. “The floor was covered with sawdust and made a very fair courtroom,” but there being no front entrance “in order to get to the courtroom it was necessary to go along a path on a sidehill at the back of the building for 200 feet or more, and then ascend a stairway which went up on the outside at the back of the house.” Court was held in at least a dozen different buildings during Judge Hosmer’s term of office. While one case was in progress, a juror, on being asked if he was op posed to the death penalty replied: “In all cases where it is not done by a vigilance committee.” In the fall of 1865 Judge Hosmer went east, by way of the Yellowstone and Missouri rivers, which he descend ed on flatboats, returning to Montana D L E N M O R E .. BEST BUY JN BOURBON, 90 PROOF to moot Glen SMOOTHER AND MELLOWER T h a n h t o its fam ous Barton formula and e x c lu s ive aging p r o c e s s ! Pioneer life was not all happy thrills and contentment for Mrs. Mary Bu chanan, who now, at 80 years of age, is a resident of the Deaconess hospital in Great Falls. Hardship was the rule in early Mon tana' times, but it seems that Mrs. Buohanan probably had more than her share. But, bolstered by a devout faith, she has always taken an interest in others. She now spends much of her time reading to elderly patients at the hospital and helping to cheer them in their loneliness. Her life also is brightened by fre quent word from old-time friends and persons she cared for at the practical nursing home she operated in Belt for many years. Born in Manitoba Mrs. Buchanan was born near Fort Gary, now Winnipeg, Manitoba, June 2^, 1861. Her early life was quite sim ilar to other Canadian girls of the era. One of the Incidents of her child hood which she recalls vividly was the Louis Riel rebellion. Descendants of the people led by Riel are now living on hill 57, near Great Falls. Her early education included the study of music, which she found use ful in later years for her family. When quite young she decided to become a nurse and had not completed her training course when she was married to Joseph Buchanan in 1878. Buchanan was a widower with two young sons. The couple had four children. One died in infancy. In 1887 the family decided to come to Montana to live. They left Rapid City, Manitoba, in the fall of the year and made the trip as far as Bottineau, N. D., by ox team, walking part of the time. At Bottineau they boarded the Great Northern, which was being built through the northwest at that time. Even time does not dim the mem ories of that journey for Mrs. Buchan an. Workmen were being transferred to Great Falls on the train and they spent much of their time gambling and carousing, giving Mrs. Buchanan quite a fright as well as her first real idea of what the west would be like. There was only one other woman on board the train. When they finally reached Great Falls, it was raining and dreary. The town she had heard so much about was definitely a dis appointment. Went to Sun River After spending the night there, the Buchanans arranged for team trans portation to take them to Sun River. Buchanan, who had visited the coun- V PINT $1-30 Gode No. 36C Q U A R T $2.45 Code No. 36E Xopr.1941 ' Gfenmore Distilleries Co. Incorporated, Louisville, K y . POUR GLENMORE..YOU GET MORE the following spring. In the summer of 1865 the three judges, Associate Justice of the Supreme Court Judge L. E. Munson, Associate Justice L. P. Williston.and Chief Justice H. L. Hos mer, held the first session of the su preme court at Virginia City, then the capital. Like Judge Munson, Judge Hosmer incurred the enmity of a certain ele ment by refusing to recognize the le gality of the sessions of the legislature called by Acting Governor Meagher, although their decision was later up held by congress, and the laws an nulled that were passed by those bodies. On one occasion the so-called legislature passed a law commanding Judge Hosmer to transfer a certain case to another county. This he re fused to do; whereupon the self-styled legislature demanded the Judge’s res ignation, which he failed to send in, but explained his own action, and that of the legislature, in a manner that exonerated him in the minds of all fair thinking citizens. Appointed Postmaster In 1869 Judge Hosmer was appointed postmaster of Virginia City and held the office until he left Montana for San Francisco, \phere he located, but never again practiced law. While a resident of Montana, he made many friends, and some bitter enemies; for the strife between Act ing Governor Meagher and the judi ciary endured until the arrival here of Montana’s second governor, who succeeded Governor Edgerton. But whether enemies or friends, none ven tured to criticize Judge Hosmer’s legal ability. He was the first to establish law in this lawless region, and that he was successful in this undertaking, al though hampered by much opposition, should be sufficient to win him a lasting place in the history of Mon tana. ---------------,g,--------------- Rabbit8 Are Problem For Conservationists Bunnies may be fine for the kiddies at Easter time, but they often are real problems to conservationists. One of the many far-reaching and serious consequences of the recent ex tensive and devastating range land fires in Idaho’s Wood river grazing district is the concentration of ro dents, particularly jack rabbits, in and around the irrigated farrri lands ad jacent to the burned-over areas. Far in excess of any numbers within the recollection of even the earliest set tlers who wrested the desert from its primeval status, the present horde of these crop and forage destroying ro dents eat every green thing in sight and go further in destroying harvest ed crops o f hay and grain. Fall Blossoms (■¡Hü Floating flower blossoms in an attractive bowl or comport lend a bright note to any tabic during the fall and winter months. Mary Anderson, film player, is pictured with an arrangement in a smart, modern American bowl. try earlier, had opened a shoe store in Sun River, hoping that it was go ing to become a thriving railroad town. The country in the vicinity was covered with knee-deep wild grass and cattle roamed at large. Samuel Spencer, who later contrib uted generously to the Deaconess hos pital, was a prominent rancher of the community. Mrs. Buchanan was one of the first residents of Sun River to own a piano, considered quite a novelty in the territory. When the railroad failed to go through Sun River, the Buchanans de cided to move to Fort Benton. One of Mrs. Buchanan’s stepsons was drowned while working on the con struction of the railroad bridge there. The family spent many hours search ing the river banks for his body but it was never found. The Buchanans traveled from one town to another in the hope of be coming permanently settled. They lived at Lewistown for a while and then went to Hughesville, a booming min ing town then. This trip was made by team in the winter. Snow was drifted and in many places they had to chop through the ice to get their wagon through. , Mrs. Buohanan’s memories of time 1 spent at Hughesville aren’t happy. Her small daughter died and a short time later her husband became paralyzed, leaving the entire burden of providing a living for the family to Mrs. Bu- chanan. Emergency Nursing Home She took the family to Belt, a boom ing mining town. Houses were not available so she set up housekeeping in a tent. For some time she did home baking and cared for the sick. Any kind of work was welcome to assist in providing for her family. Eventually she obtained a small house and con verted it into an emergency nursing home, greatly appreciated by residents of the community who were so many miles from a hospital. The years went by, marked mainly by hard work. In 1927, Mrs. Buchan an’s invalid husband died. Always a devout Christian, she found relaxa tion and consolation in church work. She is a member of the Epispocal church but assisted in the work of other denominations where there was no church of her faith. In 1939 she suffered a fall which made it impos sible for her to continue living alone. Most of the time since then she has been in residence at the hospital. -------------- ®— , --------- ■ Car Output Cut The office of production manage ment announced that passenger car production during February, 1942, will be reduced by 56.1 percent as com pared with last February. The OPM’s civilian supply division set a maxi mum output of automobiles for next February at 174,122 units. More than 396,500 cars were produced during the same month this year. BOARD TO STUDY CHANGES AT TT AT NEXT CONFAB REORGANIZATION COMMITTEE TO FINISH GOVERNMENT SURVEY AT JANUARY MEETING Recommendations for changes de signed to improve operating practices and conserve funds at units of the Greater University of Montana and in several other state boards and de partments will be considered when Gov. Sam C. Ford’s committee on re organization and economy meets again, probable in mid-January. The committee expects to complete its study of all subdivisions of the state government at the January meeting. Highlights of committee action at the November meeting included: Approval of a recommendation giv ing the state board of examiners wide powers over purchasing of Insurance to cover state property. Approval of a recommendation that all state insurance contracts be-pur chased on competitive bids. Approval of a proposal that the state treasurer carry messenger in surance to safeguard deposits taken from the capitol to Helena banks. Adoption of a recommendation that executive officers of the state high way department and the state high way patrol co-ordinate efforts of staffs toward accident prevention through exchange of data and standardization of procedures In reporting factual in formation. Recommended patrol cars be serv iced in highway shops insofar as prac tical. Recommended all patrol cars be equipped with two-way radios. ----------- $ ----------- Save a Life Today—Drive Carefully ^FOR W0MEN> W ! If you suitor from monthly cramps, hondncho, backache, nervousness and distress of “ Irregularities” — caused by functional monthly dis turbances—try Lydia Plnkham’s Vegetable Compound — famous for relieving pain and nervous feelings of women’s \difficult days.” Taken regularly—Lydia Plnkham’s Compound helps build up resistance against such nnnoylng symptoms. Follow label directions. WORTH yTRYINOI |l «O* iett <3 er*6,.. y S Z * * * * rtt V0®* \t A®*’ to?. * ehO® w t*«** .Vf» ht*» , tor W toro»* mW*01* ^XOfO** w* 1. % ta*** Ot**“ 1 VTOV*®^7 T i l ' T ï l ' T i l ! When Cooking- Heat Is Controlled with GLACIER PROPANE Great chefs &H agree that a constant, controlled temperature is the difference between mediocre foods and appetizing dishes. Glacier Propane make* it possible for you to be sure that the heat in your range Is controlled . . . is constant. Merely turn the thermostat to the degree o f temperature required and your Propane gas range does the rest. You have extra time for other household duties. When the required time has elapsed, the food is cooked without fuss or bother. W ith Glacier Propane there are no ashes, no soot, no oily film. Glacier Propane is ready every minute o f the day to furnish, in stantly, an Intense, even heat. Yet the cost .is really low. m i l Writ« today to Department M. G b d f f Prodnetloa Company. Botto, for yonr tret copy ot an naans! Christmas recipe. This recipe, one of tho I.SOO in cor files, was swarded first pises hf competition with more thou 800 others, when presented to Quern Victoria of Enrland more thsn 60 yean ara. Ask for the name of yonr nearest Glacier Propane dealer and learn how cheaply yon. too. can enjoy city conveniences on you ranch or la m by modernlxins with Glacier Propane . . . you private n s main. GLACIER PRODUCTION COM P A N Y O F M O N TANA (0 ¡fit t o