THE HARDSHIPS OF EARLY LAW PRACTICE.
Prior to 1855 the public lands of Minnesota were unsurveyed, and no title could be acquired to them. About that time, however, four United States land districts were established, with a land office in each of them. The districts were straight tracts of country extending from the Mississippi due west to the Missouri, the exterior lines of which were parallel to each other. The offices were at Brownsville, Winona, Red Wing and Minneapolis. I was then living in Traverse des Sioux, which place, together with Mankato, fell within the Winona district, so that any land business we had in our region of the country compelled a trip to Winona, a distance of nearly three hundred miles by water, or one hundred and fifty by land. After the closing of the rivers by winter there was no other way of getting there except to journey across the country.
At the time I refer to there was little or no settlement between Traverse des Sioux and Winona, and no roads. I remember that there were one or two settlers on the Straight river, where now stands Owatonna, and about the same number on the Zumbro, where now is Rochester, and one house at a point called Utica, about fifty miles west of Winona, and a small settlement at Stockton, on a trout stream which flows through the bluffs a few miles west of Winona. The latter place, being on the Mississippi and easy of access, was quite a flourishing town.
That fall I had been elected to the upper house of the territorial legislature, called the council, and the news reached us that there would be a contested seat in the council from some district in the southern part of the territory, but we had no particulars as to the locality or the person, and gave the matter very little attention.
A controversy had arisen between parties at Mankato as to the right to enter a quarter section of land which was part of the town site, and ultimately became a very valuable part of the city. I represented one side of the fight, but cannot recall the name of my adversary. It was customary in those days to lump matters by making up a party of those who had claims to prove up before the land office, and act as witnesses for each other. On the occasion of this Mankato contest we formed two parties, one from Mankato and one from Traverse, and started with two teams, on wheels, there being no snow, and the first day we reached a point in the woods, somewhere near the present town of Elysian, and there camped. When morning opened on us we found the ground covered with from twelve to fifteen inches of snow, which made it impossible to proceed further with our wagons. We did not hesitate, but accepted the only alternative that presented itself, and decided to foot it to Winona. We travelled light in those days, carrying only some blankets and a change of clothes. We cached our wagons in the timber, packed our animals with our impedimenta, and started. Such a tramp would seem appalling at the present time, but we were all accustomed to hardships, and were equipped with good Red River winter moccasins, two or three stout flannel shirts, and thought very little of the undertaking. We drove the horses ahead of us to aid in making a trail, and made pretty good progress. I think it took us about five days to accomplish the journey, which we did without suffering, or even being seriously incommoded, as we found shelter at the Straight river, the Zumbro, Utica, and Stockton.
An amusing and interesting incident happened the night we arrived at Utica which, as I have said, consisted of one small log house. Our march that day had been a long and tiresome one, and I felt as if a good drink of whisky would be very supporting and acceptable, our supplies in that line having become exhausted by reason of the unexpected length of time consumed in our journey; but the prospect of getting one was anything but promising. While revolving the subject in my mind, and having all my faculties concentrated on the much desired end, I, by some accident, learned that the proprietor of the shanty was a doctor. At this discovery my hopes went up several degrees, and I determined to test his medicine chest. Putting on a look of utter exhaustion, with both my hands on my abdomen, and assuming the most plaintive voice I could muster, I said: "Doctor, I have made a long march to-day, and feel utterly broken up; have you not some spirits in your medicine chest that you could prescribe for me? I am sure it would be a great relief." He looked me over with suspicion, and said: "No, I am an herb doctor." I felt that my fate was sealed for the night, and prepared to seek my couch on the softest plank I could find, between the two men who looked the warmest of the party. While thus preparing my toilette de nuit, in a state of mind bordering on desperation, I heard the jingling of sleigh-bells, and a team dash up to the door, from which debarked two men, each comfortably full, followed by hand-bags, blankets and a two-gallon demijohn. They said they had driven from Winona that day, and would stay all night. They ordered supper, and while it was in course of preparation, indulged in a good deal of banter back and forth. Of course, I had formed the determination of becoming acquainted with the contents of that demijohn in some way, by fair means or foul, and became deeply interested in their conversation, looking for a favorable chance to carry my point. I noticed that one of them was very boastful about what he was going to do when the legislature met, and the other saying to him that "he would not be there three days before they would kick him out and send him home." At these words, it flashed across my mind that this must be the man whose seat was contested, and, waiting for a proper opportunity, when his friend was loudest in his assertions that he would not remain long in the legislature, I put in my oar, and said: "Maybe I will have something to say about that." In an instant the legislator gave me a most scrutinizing look, and said: "Are you in the legislature?" I said "Yes." "In which house?" he inquired. "In the council," I answered. I saw the man was bright and intelligent, and it was a study to watch the workings of his mind while debating to himself how I would be affected by his condition, whether favorably or otherwise. Having weighed the matter carefully, he showed his experience and good judgment of character by saying: "My friend, won't you take a drink?" From what I have said, it is unnecessary to record my answer. We spent the greater part of the night in pleasant social intercourse, drawing inspiration from the depths of the demijohn, which had seemed so far removed from my grasp but a short time before.
The man was the famous Bill Lowry, from the Rochester district. This incident made us sworn friends for life, and singular as it may seem, when the legislature convened, I found myself chairman of the committee on contested elections in the council. It is unnecessary to go into the details of the contest. Suffice it to say that the contestant had a very weak case, and Lowry performed all he had boasted that he would do on that eventful night in Utica.
We were engaged in trying our suit at Winona for several days. Captain Upman was the register of the land office, and presided at the trial. The captain was a jolly old German from Milwaukee, and a fairly good drinker. There was a building in the town which had been a church, but by the intervention of the evil one, had been turned into a saloon, and was popularly known as "The Church." This was the captain's favorite resort when thirsty, which physical condition occurred quite frequently, and he would always say on such occasions: "The bells are ringing; come, boys, we must go to church. It is unlawful to try cases on Sunday."
What influences dominated, I don't pretend to say, but I won for my client three forties of the quarter section in dispute. We returned home the way we went down,—on foot,—with the exception that at Stockton we constructed a small sleigh, sufficient to carry our baggage, which much relieved the animals. My client offered me one of the forty-acre tracts for my fee, but I declined, and accepted a twenty dollar gold piece for my services. The land which I refused became worth a quarter of a million of dollars a few years afterwards, but I had a good deal of fun out of the adventure, and never regretted the outcome.