Thursday, November 17, 2011

Early Lincoln County


Who’s on First in Lincoln County? Judge George G. Berry
Researched by Jeff Kintop and Peter J. Smith
Composed by Susan Southwick
It would seem simple to determine who was the first judge to preside in a Nevada county, especially in a relatively early, small county, but in Lincoln County there are complications, with perhaps three judges who could be considered “first.”  This essay attempts to clarify why George G. Berry should be considered the County’s first judge, although it is unlikely that he ever actually held court there.
Lincoln County was created February 26, 1866 (Stats. 1866, 131) with the provision that its judiciary be a part of the Fifth Judicial District until otherwise provided by law. George G. Berry was the judge for the Fifth Judicial District, and the court was in Winnemucca. Statutes at the time, unless specified otherwise, were to take effect from and after the date of passage. (Stats., 1865, 90). The very next day, February 27 (Stats. 1866, 139), the Nevada legislature reorganized the state’s judicial districts, specifying that the statute would be effective January 1, 1867.  Humboldt County was put in the Ninth Judicial District and Lincoln was no longer included, nor assigned to another district. It would have been left in limbo except that the law did not go into effect until the beginning of the next year, as specified. To further muddy the waters, in The State of Nevada ex. Rel. Charles A. Leake v. Henry G. Blasdel, 6 Nev. 40, 40 (1870), the Nevada Supreme Court, apparently not paying attention to the effective date of the statute, held that “Lincoln County was not included in any judicial district after February 27th 1866, until the taking effect of the Act of 1867 (Stats. 1867, 129).”  This ruling, being more than three years after the fact, does not negate Judge Berry’s actually serving as judge for Lincoln from February 26 through December 31, 1866. 
Born in 1830, George Berry had served in the Mexican War in Texas, and in 1849 traveled to California. He was elected as a justice of the peace in Butte County, California in 1861 before moving to Humboldt City, Nevada Territory in 1862. He was admitted to practice law there in 1863.   He was elected Fifth Judicial District judge in 1866, serving until he resigned in 1871.  While judge, he became part owner and editor of the Humboldt Register  and, in fact, seemed to combine the practice of law with publishing newspapers for the rest of his life.  There is no known photo of Judge Berry, but he was described in one newspaper as being tall and resembling Senator Stewart; another referred to him as handsome, but he described himself in a “pen picture” in his own newspaper as follows:
My head measures just twenty-three and one-half inches, and I wear number
twelve boots—two significant facts that it should be well to note.  I am just
six feet high, spare built and weigh one hundred and sixteen pounds—fighting
weight.  With rifles or pistols I am a dead shot, and am now practicing the sword
exercise.  I never shoot a political adversary, but I scalp him—been so long on the
border that it comes natural.  The summit of my ambition now is to have the 
editorial sanctum of the Humboldt Register gorgeously decorated with Radical
(Republican) scalps—immaterial as to color or texture; black, auburn, tan or 
kinky, will do.
This self-description indicates he had a sense of humor, as well.
Because he was such a staunchly Democratic partisan, he was sometimes called the “Copperhead Judge of Humboldt County.”  He had aspirations to run for governor in 1870, but his partisanship led him to be roundly attacked in the Republican press and the effort failed.  In 1872 he purchased an interest in the Pioche Record, and at last moved to Lincoln County where he began to practice law again in partnership with former Virginia City lawyer, Francis L. Aud.
In 1880 he was practicing law in Tucson, Arizona Territory, and in 1881 began a partnership with former Nevada Supreme Court Justice James F. Lewis in Tombstone .  He served as a court commissioner there until 1885 and owned an interest in the Tombstone Epitaph. George G. Berry died in Tombstone February 13, 1891 at the age of sixty-one.
When Berry was Lincoln County’s judge, the county seat was in Crystal Springs, moving to Hiko in 1867; there is no record of an actual courthouse in Crystal Springs at that time, but the Annual Report of the State Mineralogist, 1867-68 (p. 80) did report one of sorts for Hiko.  James Hulse quotes a manuscript of the proceedings of the first Lincoln County Commission (October 29, 1867, pp. 18, 27) where Butler and Pearson’s Saloon was acquired for “county purposes.” Six months later they made arrangements to lease other property in Hiko to serve as a courthouse. The famous Million Dollar Courthouse wasn’t built until 1872 in Pioche.  Lincoln County Clerk Lisa Lloyd could find no court records dating back as far as 1866, and, as there was not even a stage route between Winnemucca and Hiko, it is doubtful that Judge Berry actually heard cases in Lincoln County. In those early days, there was a sparse population of mostly Mormon farming communities, among whom major crime was probably not an issue. Things were rougher in the mining areas such as Pahranagat, and at least one murder was reported, but it was handled by vigilante action. According to James Hulse, in Lincoln County, Nevada: 1864-1909 (p.68), things were so quiet that the county commission did not create a justice court and appoint a justice of the peace until 1869. 
While it seems evident that Judge Berry was the first judge, there are contenders for the position if one considers “first” to be a judge who actually had an impact on Lincoln County by being there to decide cases. The Act of 1867 (Stats. 1867, 129) named Hiko the county seat, stated that Lincoln County constituted the Ninth Judicial District and  required the Governor (Blasdel) to appoint a judge for Lincoln County until an election could be held. George G. Hubbard was appointed and Charles A. Leake was elected in November 1868 and served until his death in August 1870. 
Sources utilized:
Russell McDonald.  Nevada Judicial Biographies. Upublished manuscript. Pp. 14-15 Source of all personal information about Judge Berry, including quotations from newspapers.
James Hulse.  Lincoln County, Nevada: 1864-1909.  University of Nevada Press, 1971. Source of information on early government in Lincoln County, including extensive citations to original documents.
Statutes of Nevada, 1866, 1867
Leake v. Blasdel, 6 Nev. 40, 1870

Wednesday, September 21, 2011

Annual Membership Meeting Minutes

                                               (DRAFT, unsigned)
         Minutes of the Annual Meeting of the Membership and Board of Trustees
                                                         of the
                                    Nevada Judicial Historical Society

September 16, 2011
Carson City, Nevada

The meeting was called to order at Sassafras Restaurant at 12:25 by Chairman Michael Fondi.
Present were Ron James, Vice-Chair, Janette Bloom, Treasurer, Susan Southwick, Secretary and trustees Dennis Myers, Donald Klasic, Peter Smith, Patricia Cafferata, Jeff Kintop, Justice Mark Gibbons, and Jim Smith.  Also present were members Tom Perkins, Christine Timko and Terry Rankin.  Don Southwick attended as a guest.  A quorum was present of both the membership and the Board of Trustees.

The minutes of the annual meeting of September 24, 2010 were approved as mailed.  Gibbons/P.Smith.
The minutes of the Board meeting of March 18, 2011 were approved as mailed.  Gibbons/P.Smith.
Treasurer Janette Bloom presented the fiscal year report, indicating that there was income of $750 and expenditures of $25.00 to date, with a balance of $5,521.94.  The report was approved.  Klasic/P.Smith.
Michael Fondi reviewed the annual report for 2011.  Highlights were the blog, the Elko plaque ceremony and the election of two new trustees.

Susan Southwick, representing the nominating committee, explained that trustee Ron James chose not to run for an additional term and that trustee Wendell Turner was deceased.  The Honorable Thomas Perkins, East Fork Township Justice of the Peace, was elected to fill Judge Turner’s position and Patricia Cafferata, to fill that of Ron James.  The remaining candidates were incumbents and were re-confirmed for another three years in office.

Justice Gibbons announced that the Lincoln County plaque ceremony will be held in Panaca immediately following oral arguments of the Northern Panel of the Nevada Supreme Court on October 11.  The Court has sent invitations of all local officials and the presentation will be made to the Lincoln County Commission at about 11:30 a.m.  Susan Southwick said she would attend and represent the Society if Peter Smith was unable to do so.  Patricia Cafferata said she would attend, also. 

The plaque is in honor of Judge Berry, whose tenure preceded any actual courthouse, so the Commission will decide where best to place it.

Peter Smith then discussed the updated web page, which is part of the Supreme Court’s site, and the participation of Law Librarian Christine Timko and IT staffer Derek Hawkins in setting it up and establishing links.  Ms. Timko also assisted in establishing the blog, which was created outside the Court’s aegis, and is intended to provide up-to-date information about Society events.  He requested Board guidelines for adding material and for the blog’s management.  Ms. Timko said she could make any additions or changes to the web page that were referred to her.  After some general discussion, Mrs. Southwick recommended that the original committee of Peter Smith, Karen Baggett and herself take responsibility for the blog’s content and sharing the burdens of up-keep.  The committee would also make recommendations for updates to the web site.  Membership was urged to submit content and links suggestions to the committee for Society
representation.

Mr. Smith said he had already asked the Clark, Washoe and State Bars to link to the blog from their newsletters.  Jeff  Kintop noted that his agency had digitized the Territorial Supreme Court opinions and the case files of the Nevada Supreme Court to about 1900.  He said he was still trying to develop a good means of searching them and that they were not accessible on line.  Ms. Timko said a member of the Administrative Office of the Courts was making an original compilation of information on Nevada courts which could eventually be linked to the NJHS site when completed.  Patricia Cafferata suggested a link to the Nevada On-Line Encyclopedia as a good source of judicial information, noting that she has an article on the Territorial justices there.

Under new business, Jim Smith passed around the self-published volume on Harry Claiborne by Bruce Alverson.  The Society facilitated Mr. Alverson’s contact with Judge Claiborne, but the publication was not part of the Joint Oral History Project.  He also noted a book review of another Claiborne title which appears in Nevada in the West: a magazine of  popular history.

In answer to a query whether any of the medallions had been sold at face value, Justice Gibbons noted that the trigger price was $50/oz., and silver never quite reached that level.

Chairman Fondi suggested either September 14 or 21, 2012 for next annual meeting and the 14th was chosen.  It was agreed that Sassafras was a good location if it could be arranged.
The meeting of the membership was adjourned at 1:40 and the chairman convened the meeting of the Board of Trustees. 

The only item was election of the offices of chairman, treasurer and vice-chairman.  Chairman Fondi and Treasurer Bloom were re-confirmed in office and Jeff Kintop was elected Vice-Chair by unanimous vote.
The meeting was adjourned at 1:45 p.m.

Respectfully submitted:

___unsigned  ___________
Susan Southwick, Secretary

Tuesday, September 20, 2011

1867, first US Supreme Court reversal of a Nevada decision

Ex Parte Crandall 1 Nev 294 may be the first Nevada Supreme Court decision ever reversed by the U. S. Supreme Court.  Nevada became a state in 1864 and in 1865 the legislature imposed a tax of one dollar on every person leaving the state by common carrier.  The US Supreme Court found this to be a violation of the commerce clause.

A good write up can be found on the Online Nevada Encyclopedia, follow this link:

http://onlinenevada.org/crandall_v._nevada

Lincoln County, October 11, 2011

The Society will be presenting a plaque to Lincoln County in honor of the Honorable George G. Berry, that county's first presiding judge, on October 11, 2011.  The ceremony will take place at the Lincoln County High School in Panaca at about 11:30 am, after the close of oral arguments before the Nevada Supreme Court held there that morning.  Tommy Rowe, Chairman of the County Commission will accept the plaque.

Judge Berry was the presiding judge in Humboldt County in 1866 when Lincoln County was first created and placed into the 5th Judicial District with Humboldt County.

The public is invited to attend. 

2011 Annual Report

Nevada Judicial Historical Society
Annual Report
2011



Memberships:   After a membership low of 7 paid memberships in 2010, there were 11 paid members, many at the patron level in 2011, for an income of $425.00.  There were two new members.

Treasury:  Treasurer Janette Bloom reported an August 31 balance of $5,521.96.

Projects:

            Joint Oral History Project:  Although the UNR History Department has taken over stewardship of the those histories remaining in editing stage, none were actually published in 2011.

            Silver Medallions:  One medallion set was sold for $300.00.

            CDs:  No CDs were sold in 2011, although two were distributed to new members.

            Courthouse  Plaques:  The Elko County plaque was dedicated at a joint session of the Northern Panel of the Supreme Court, and the Elko County Commission, with
 Judge Andrew Puccinelli on May 4.  The event, celebrating not only Law Week, but Elko County’s 100th anniversary of its 1911 courthouse, had good local turn-out with television coverage.  Several NJHS members attended.  The Lincoln County plaque honoring Judge George G. Berry will be presented October 11, again by the Northern Panel.

            Web site and Blog:  A committee consisting of Peter Smith, Karen Baggett and Susan Southwick was appointed at the March meeting to update the Society’s web page, which resides as part of the Supreme Court Library’s site.  With the assistance of Christine Timko, Law Librarian, and court IT staff, the Society’s information was reorganized and brought up to date, with links established to items of interest on other sites, including the “Ten Cases.”  To permit easy up-dating, a Society blog was established to announce up-coming events and other items of interest.  The blog can be accessed from a link on the web page or directly at http://nevada-jhs.blogspot.com.  Improvement in design and additional links will be on-going and the management of the blog will be determined by the Board at its annual meeting.

Elections:   Ron James chose not to run for an additional term and was replaced on the ballot by Patricial Cafferata.  The Honorable Wendell Turner is deceased and his position as Justice of the Peace trustee was replaced on the ballot by the Honorable Thomas E. Perkins, East Fork Township Justice of the Peace.  The positions of Chairman, Vice-Chairman and Treasurer will be filled by the Board at the Annual Meeting.


Respectfully submitted:


_____s/s_______________________
Michael E. Fondi, Chariman

Thursday, August 4, 2011

Contact us

Questions, comments, join the Society?    contact


Susan Southwick   775 267 3223  susouth@yahoo.com  or

Peter J. Smith        775 882 9441  Petersmith4444@sbcglobal.net

Annual Meeting September 16, 2011

The Society's annual meeting will be held in Carson City Friday September 16, 2011 at noon at SASSAFRAS Restaurant, formerly P'sghetti's, 318 North Carson St, Carson City.

Agenda to include the introduction of new members, election of the Board and its Officers, arranging attendance at Pioche October 11th, ongoing projects and new matters. 

Plaque presentations

Presentation in Lovelock September 14, 2010
Honoring James A. Callahan, first presiding judge.  District Judge Richard Wagner, Justices Gibbons and Cherry, County Commissioners and Judge Callahan's descendants Frank and Tammy Gabica and their children.
Annaliese and Andrew Gabica, great-great grandchildren of Judge Callahan

Plaque to be presented October 11, 2011 in Pioche
Ceremony late morning, details to be announced


Similar plaques have been presented in Elko, Clark County and for Washoe County.