train of operations, and combining in an eminent degree the faculty of perceiving the practical relations of things, with a skillful use of the means at his command, he has been instrumental in bringing certain public questions to a successful issue and in converting what threatened disaster to the community into a means of renewed prosperity."* As an evidence of his interest in the city of his home, it may be mentioned that in his early life he filled a number of local offices, although having no desire for public place and absolutely refusing, at various times, to allow his name to be connected in any way with places of important official trust. In politics he was originally a Whig, but upon the dissolution of that He is a party, became a Democrat. He is a

*Ruttenber's 'History of Orange County.'p. 352.

close observer of state and National events, and takes a deep and patriotic interest therein. His religious affiliation is with the Episcopal church, and the precepts of his faith have had a modest but ever sturdy exemplification in his character and daily action.

Homer Ramsdell is one of those men of whom it can be said: He has grown old gracefully and with dignity. While closely approaching four-score-" full of years, full of riches, full of honors "-he is still hale, healthful, genial, in the possession of unusual mental faculties, and while not compelled to do so, he has in a measure retired from those intense activities which characterized his career, and entered upon that serene and satisfying rest which seems the appropriate reward of long labors zealously and honorably fulfilled.

THE BENCH AND BAR OF DENVER AND COLORADO.

TO WRITE a history of the " Bench and Bar" of a city that is little more than a quarter of a century old, to describe the career and discuss the events in the lives of men still actively engaged in their professional work, places one in a disadvantageous and still advantageous position. No one is so nearly perfect but that he contains some evil, and no one can be so depraved but that he has some good in him.

In a review of the living, one is limited to a detail of the better side of life. But if a man has done none but evil deeds, they ought not to be recorded to perpetuate his memory, and if he has done any good deeds, he should be remembered for them and not, while living, be reproached for his faults, or when dead have his memory blackened by a review of his errors. There is the one preeminent advantage in writing of the living, in that you get from men's own mouths what they themselves say, and hear them describe deeds which they have performed and events in which they have participated.

Kansas was organized as a territory May 30, 1854, and admitted as a state January 29, 1861. What is now Colorado was a part of the territory of Kansas, and upon the admission of Kansas as a state, the territory of Colorado was formed, February 26, 1861. The land on which the city of Denver now

was

lies is a part of the tract embraced in the Jeffersonian purchase. The first visitation to this territory of any civilized race an expedition led by Vasquez Coronado in 1540-42. From this time we find little, if any, record of anything until Captain Pike visited here in 1806, after whom our leading peak is named. Public interest in this country was first aroused by a report of his explorations by General John C. Fremont, in 1843.

The first settlements that amounted to anything were made in 1858, and on November 22, 1858, the city of Denver was organized. By April, 1859, Denver contained one hundred and fifty houses, and, using the language of a paper issued in that month: "Many of the buildings are good, substantial houses, with one hotel one and one-half stories high. We have two good saloons and a large bakery nearly completed, with a regular butcher." From this stage of crudeness, by rapid strides, Denver has advanced to its present magnificent proportions.

The discovery of gold in 1858 brought people here in large crowds. The increase in the population was so rapid that organization for the protection of society by the better class was a necessity, in order to keep restrained, as far as possible, the desperado and border-ruffian element, which always seems to appear as a forerunner in the

settlement of any new country- a class outlawed in their own homes, drifting out to steal and plunder everything within their reach, without intending to become permanent settlers, hence having no interest in the community as a social body. This necessity was SO great that even when the caravans ("prairie schooners," as they were called) crossed the plains, coming out from the Missouri river, a strict discipline was inaugurated, each body being under the surveillance and rule of a leader chosen, whose word was law and had to be obeyed.

In the fall of 1858 the desire for some government to protect the respectable and decent element against the desperado class was so great, that there was held a dual election: first, to choose a delegate to congress for the purpose of getting an admission as a territory; for this purpose H. J. Graham was chosen; the other election was to choose a representative to the Kansas legislature, in order to obtain admission and recognition as Arapahoe

county, Kansas. A. J. Smith was elected representative. Graham failed in his mission at Washington. Smith was admitted at Topeka and the organization of Arapahoe county followed. Governor Denver appointed S. H. Waggener as probate judge and "ChiefJustice" Hyatt as magistrate. He was called chief-justice because he would not tolerate any appeals from his decision. Edward Wyncoop was made sheriff. The double election was for the more certainly securing some permanent government. The first desire

was to be admitted as a territory, but in the event of this failing, as it did, the people desired to be recognized by the Kansas authorities, which was accom. plished. Although Kansas had thus acknowledged the new county and sent out officials to take control, it was totally inadequate to answer the needs of the people. In order to effectively govern the bad element which constituted a large part of the population, it soon became apparent that some strong and efficient government must be put in power, and for this purpose there was organized "The People's Courts" in Denver, which were kept up for two years.

The Kansas code was unavailing in restraining the outlaw and desperado class. It soon became apparent that it was necessary to revive the old Mosaic law of an eye for an eye and a tooth for a tooth, which was rigidly adhered to, and by this method, in due time, the community was ridden in a degree of the social outcasts. The teachings of Blackstone, Kent and other eminent text writers were respected and followed so long as their doctrines answered the purpose, but if, upon occasion, the body of the people desired to be ridden of any man, or of anything obnoxious to the community, the great principles of these writers were ignored, and the voice of the people became the supreme law of the land.

H. P. Bennet, afterwards a delegate to congress, A. Sagendorf and A. C. Hunt started the movement for the people's courts. They succeeded in interesting enough people to aid them

and at the same time interesting, in the "Miners' Courts," which were established in the mountain districts before we had a territorial organization. It is true that all the territory was under the jurisdiction of Kansas; but this seems to have been ignored entirely, for the miners established small districts of a few miles square and organized a crude but complete government in government in each. Every district had its constitution and by-laws, which were usually preserved in a copy-book and furnished for them all they needed of either constitutional or statutory law. Each district usually had a president, a secretary and recorder, a judge and a sheriff.

In some of these districts lawyers seem to have been held in exceeding ill repute, for in the constitutions we find three sections following each other in sequence the first one providing for the organization of a vigilance committee, the second one prohibiting all lawyers from practicing in the district, and the third one being a strict statute of limitations, barring all claims contracted outside of the district. The object of this last section was to prevent eastern creditors from molesting the residents of the district by a suit in any form upon debts contracted in the east. A vigilance committee was an absolute necessity in those days, to rid the community of a reckless and criminal class that always infest a frontier settle ment. From these clauses, it would seem they considered horse-thieves, law yers and eastern creditors as equally obnoxious to the community. This law was not found in all the districts,

so that lawyers had a fair showing in many of them; but even in these an attorney often found that what he supposed to be good and substantial law amounted to nothing in a miners' court. This is aptly illustrated by an incident in the life of Senator Teller. Teller appeared for the defendant in a case and filed a demurrer to the plaintiff's complaint. The demurrer came on for hearing and Teller made, as he believed, a most able and exhaust ive argument upon the subject for two hours. Upon taking his seat the judge curtly said: "Mr. Teller, I wish you to understand that no demurrers are allowed in this court; you will have to file an answer." Teller called his attention to the practice of other states, but he ignored these, being a law unto himself, restrained only by a copy-book constitution.

The system of trial varied in different districts, there being juries of from three to twelve; the favorite method of obtaining a jury seems to have been by the method we now term a "struck jury." In some districts the jury tried both law and equity cases, and their verdict and special findings constituted a final adju dication, from which no appeal could be taken; in others an appeal would be allowed to the president of the district, whose decision would be final, while in others still, an appeal would lie to the body of the people, who would come together on notice, hear the case argued and then vote; if the body were too large for the sheriff to distinguish between the ayes and noes, he would order all voting for the plaintiff to get on one