Mid-1800s to Early 1900s:
Practicing in the Wilds of
Manitowoc County

Judge James Sibree Anderson brings to life the pioneering folk who practiced law in the wilderness of Wisconsin's Manitowoc County and beyond. The following account is excerpted from Judge Anderson's recollections, as published in 1921 in Pioneer Courts and Lawyers of Manitowoc County, Wisconsin.

by James Sibree Anderson

hen and Now. In considering the work of the courts and bar of the pioneer period, it is difficult for those who had no personal experience of life and conditions prior to 40 years ago to comprehend difficulties under which they labored. It is difficult to think of Chief Justice [Alexander W.] Stow riding from Fond du Lac on a pony with an Indian for a guide, following only the trails the Indians had adopted from the wild animals, through the unbroken forest extending from the shore of Lake Winnebago to the waters of Lake Michigan.

Imagine him and his guide winding around the heads of the great swamps which existed in what is now the towns of Rockland and Eaton to organize his first court at the Rapids. The only settlers road then reaching to the west from Manitowoc was that to "Thayers Mills," last called Heinz's Mills, about seven miles out, and the Calumet road even on paper was two years away. If a storm arose or the rains fell, they simply had to go on until they found shelter in the log shanty of some new settler or the bark tepee of an Indian trapper. If the dark night overtook them in the woods they had to stop, build a fire and lie down until daylight.

It is recorded of Judge Wiram Knowlton that he was compelled to make the trip from La Crosse to St. Croix or Superior in the month of February, on snow-shoes carrying a pack of provisions and blankets, considering himself fortunate if he had a chance to go over the crusted snow in a dog-sleigh, with an Indian mail carrier. His circuit comprised nearly the northern one-third of the state, and reached from the north boundary of Grant County in the southwest corner of Wisconsin to the waters of Lake Superior. Except along a few streams emptying into the Mississippi, it was a wilderness. Wilderness or not, there were human rights to be protected by law, trappers, Indian traders, explorers, lumber men, and twice a year at five different points, the pioneer judge went to hear the cause and pronounce the judgment.

I recall a conversation with Judge Howe, in which he told me about being caught in March in a snow blizzard while on the military road from Green Bay to Manitowoc and was obliged to spend two days and nights in the shelter of a settler's cabin. He was on his way to hold court in Manitowoc and it took him four days to get through.

Traveling the Circuit

Each of the circuits had an average of five counties. Some of them had eight, but one county would be attached to a contiguous county for judicial purposes, so that one term of court would include two counties. The terms were so arranged that at least two regular terms were held in each county during the year and in addition to that, all the judges met twice a year at the capitol to hold a term of the supreme court. Thus each circuit judge held 12 terms a year at least. For instance, Judge Howe at Green Bay would be compelled to come to Manitowoc twice a year, in April and September, through the woods, on foot, horseback, or buckboard stage, to hold a court, make similar journeys to Oshkosh, Calumet, Fond du Lac and Sheboygan, and twice a year in December and June go to Madison.

Each of the other four circuit judges had similar arduous duties to perform. They had, perhaps, less travel. Some of the circuits were much smaller, but more thickly settled, and more real law work to do. But in "traveling the circuit," as it had to be traveled in those days, all had an abundance of outdoor exercise. For all these services and the real hardships which at times attended them, these pioneer judges received the munificent salary of $1,500 per annum, payable quarterly, out of which they were expected to pay the expense of their travel and living which even in those days of low stage fare and "cheap" hotels was a considerable item. It was not until 1858 that the salary was increased to $2,500 per annum.

Eminence of Judicial Office

It is hardly a matter of wonder that Chief Justice Stow refused a reelection, or that Judges Howe and [William R.] Gorsline resigned before the end of their respective terms. Changes in the judgeship were frequent in all the circuits of the state. But in those early days the honor of the judicial office was held in high esteem, and considered worth the sacrifice of many dollars. Many men, learned and scholarly, would quickly abandon a lucrative business, to sit even for a short period on the bench of the judge.

But "tempora mutanter," Chief Justice Ryan writing as late as 1876, says sadly: "with all our boast of the present, judicial eminence is not what it was," and yet, when he was appointed to that office at a time when he had no reason to expect it, and in fact did not expect it, he declared he had reached the supreme ambition of his life.

Justice Timlin, also called to the supreme bench under circumstances the most gratifying, in one of his published opinions intimates that his leaving the forum for the bench was a mistake he regretted. These expressions may have been, after all, only made in moments of despondency or disillusion such as come to all men. But the fact is patent to every one who has spent 30 or 40 years of his life among courts and lawyers, that we are losing the ancient respect for the courts, handed down by our Anglo-Saxon forefathers. In that loss we lose the greatest cohesive force in our democratic government. It is the truth that neither in the early day nor the latter, has a place on the supreme or circuit bench been a sinecure or a bed of roses. Then and now it has always meant to a conscientious judge, hard and continuous labor. In the pioneer period there was the added feature of physical stress and exposure to the elements while going to and from the places of their labors.

Difficulty and Expense of Travel

It was the same with members of the bar. To "travel the circuit" as the early lawyers were expected to do, and did, involved no little physical discomfort and bodily fatigue. It also involved a good deal of expense in divers ways. In the period of the hot quarrel and excitement over the old Manitowoc and Mississippi River Railway litigation, I several times saw J.D. Markham, S.A. Wood, and other attorneys start at daybreak to drive to Oshkosh, spending the whole day riding in some spring wagon, in order to argue some motion or ask for some injunction the day following. Winnebago county at that time formed part of the Fourth circuit.

In the early part of these papers I have spoken of how attorneys who were good walkers would hike out to Green Bay or Menasha to do business at the land offices. The late Judge J.T. Mills has told me often that it was his custom in the early years to send his books and papers on to Madison a week or so ahead of the meeting of the supreme court, and a few days after start out on foot and make the tramp of about 100 miles in time to be present at the opening of court. He said he did this by preference as it was less fatiguing than to ride over depths of mud and slush or upon roads so furrowed by wheel ruts that they were worse for travel than a plowed field.

The difficulties of travel and also the attendant expense were such that it greatly hindered and delayed the transaction of business, and lawyers were obliged to send away to outside attorneys much work they now do themselves. Your client as a rule did not feel as if he could afford to pay you for the 10 days or so of time spent in going to Madison by stage to argue his appeal in the supreme court. The result was that in such work the local bar became simply a feeder for a big bar at Madison and Milwaukee.

The local lawyer prepared the case and wrote the brief, sent the papers and a retainer to Milwaukee or Madison attorneys who made the appearances in court, and received the credit (when there was any) and most of the cash.

It was not until after a lapse of 12 years that a case appealed from the circuit to the supreme court was there argued by the local attorneys. The case was that of the Chickerming Lodge of Odd Fellows vs. McDonald. John R. Bentley was attorney for McDonald and took the appeal, while B.R. Anderson was attorney for the lodge and won the case.

This was the first case in the supreme court handled exclusively by the local bar.

Three Days' Work, and Bed Bugs

Even the ordinary every day work of the lawyer was not without physical discomfort and hardship. As late as the summer of 1875, I had occasion to take the deposition of a witness in the southern part of Door county. The witness was one of the proprietors of a small pier jutting into Lake Michigan from which shipments of wood, lumber, posts and the like were made. My friend L.J. Nash was the opposing counsel and we arranged that we would drive up there together. I had previously arranged with the witness to have a competent Justice of the Peace on hand to take the testimony as that was important. On the appointed day Bro. Nash and I got an early start and my little bay horse got us up to Stoney Creek pier about 4 p.m.

The time set for the justice to appear was 9 a.m. next morning but we urged the witness to send right out for the justice and we would try and finish his testimony that night. No use; we learned that the judicial officer on whom we depended lived about seven miles out and there was no road except an old logging road. He did, however, send a man out with notice of our arrival and a request that "his honor" would come down as early as possible in the morning.

Next morning about 10 a.m. the justice made his appearance. He was an intelligent German farmer who had only been in this country a little over a year. He had little knowledge of the language and no experience whatever. He at once promptly declared he could not possibly do what was expected of him. I gave my witness a stiff verbal castigation for not doing what I had directed. As he had a deep contingent interest in the litigation and was considered a good business man, his action was a surprise to me.

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