Johns, Mitchel B.

English

University of Denver

Denver Law Review Volume 36 Issue 2 Article 13 May 2021 Book Review: The Law Goes West Mitchel B. Johns Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Mitchel B. Johns, Book Review: The Law Goes West, 36 Dicta 187 (1959). This Book Review is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact jennifer.cox@du.edu,dig-commons@du.edu. MARCH-APRIL 1959BOOK REVIEWTHE LAW GOES WEST. By Forbes Parkhill. Denver: Sage Books.1956. Pp. 176. $2.50.The men and women who laid the historical blocks that gaverise to the foundation of the West were God-fearing people whocame west in the search for gold. Out of the diggings a few ofthem saw their dreams materialize; the majority settled down to away of life evidently liked. A few returned to the East.Contrary to popular belief, these early settlers were not unrulyand undisciplined individuals as they have been histrionically por-trayed. They were gregarious, and they loved government. Theyloved it so much that in 1859, without the consent of Congress, theyestablished a territory known as Jefferson. Pursuant to the author-ity vested in themselves, they chose their executive and judicialofficers. "Miners' courts," "people's courts," appellate courts, and aTerritorial Supreme Court were established. Non-recognition byCongress did not deter them from establishing rules of conduct thatfitted their environment. Laws were passed, and trials were held.Jail sentences were unknown for there were no jails. The punish-ment was more effective: flogging, banishment, or death.Forbes Parkhill has assembled the only known compilation ofearly case filings in Colorado. His work was, of necessity, painstak-ing and tedious, for he was forced to scrutinize records of the threeterritorial districts without the benefit of indexes or docket booksand had to pore over volumes of other civil and criminal cases, manywritten in longhand, and some almost illegible.The Law Goes West is a reaffirmation of the principle thatwherever men gather, regardless of time, they litigate. The fron-tiersmen filed legal actions and litigated in the same manner as theirsuccessors of today, and for the same reasons. This book, however,is not a mere recordation of the claims for relief filed by the found-ers of the West. It is a colorful history of the West as it developedthrough the doors of the courtroom. That courtroom might havebeen a mud-roofed, dirt-floored shack with the judge seated on asheepskin-covered soap box. The court might have been the peripa-tetic jurist with his cortege of lawyers, litigants, interpreters andhangers-on traveling the circuit of the territory. The subject of liti-gation might have been a libel entitled The United States of Amer-ica v. Ninety-Three Oxen and Other Property, or it might have beenmurder, or one of the Civil War treason cases which were tried inColorado. Whoever the participants, and whatever the subject mat-ter, the history of the West was evolving. And from the earliesttimes, justice was an integral part of its growth.The Law Goes West is especially appropriate in this centennialyear. In this reviewer's opinion, this book will be a credit to anylibrary-whether that of a lawyer or a non-lawyer. It is interesting,enlightening, and a recognition of the rich lore of our courts.Mitchel B. JohnsJudge of Denver Superior CourtDICTAMARCH-APRIL 1959SECOND ANNUALFACT FINDING SEMINARTO BE HELDAPRIL 24 - 25, 1959atUniversity of Denver College of LawHighlights of Seminar are:Evaluation of financial data, role of accountant, banker.Evaluation of hospital and dental records - Use of records incourt.Factors in evaluation and extent of physical injury to person.Deterioration and damage to human and animal foodstuffs.Geological problems of ground waters and presentation ofdata in court.Evaluation and presentation of aeronautical data in aviationcases.Problems affecting injury to the heart.Use of charts, diagrams and motion pictures in trial of cases.The use of expert witnesses, trial and medical briefs in negli-gence cases.MAKE RESERVATIONS EARLY!Fee for attendance entire three days is $35.00 which includes threebuffet luncheons and mimeograph materials. Single day fee is$12.50 per day, which includes one buffet luncheon.Mail reservations to:UNIVERSITY OF DENVERCOLLEGE OF LAW1445 Cleveland PlaceDenver 2, ColoradoDICTA

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