Page:Bench and bar of Colorado - 1917.djvu/21

From Wikisource
Jump to navigation Jump to search
This page has been validated.
The bench and Bar of Colorado
17

and Common Pleas Court for the territory embraced within the city limits, and, in addition, there was still another court conducted by the Arapahoe County Claim Club. Originally organized for the protection of its members against claim-jumpers, this club had gradually extended its jurisdiction until its "court" dealt with all classes of offenders.

Thus there were at least four courts doing business in Arapahoe county. With such a multiplicity of courts it is not surprising that the proper enforcement of law and order suffered. Litigants, of course, commenced what litigation they had in whatever court they knew was friendliest to them. When things did not go to suit them they would take a change of venue from one court to another until they found what they wanted. Criminals experienced little trouble in escaping just punishment, even though county attorney Robert Collier, was holding office in both the Kansas and Jeffersonian courts, having been elected by the adherents of both forms of government, and could prosecute in both courts.

Conditions in other counties created by the Kansas and Jeffersonian territories were not quite as bad as in Denver and Arapahoe county. The vast majority of the settlers lived in and near Denver and the other counties were only sparsely settled. On the plains east of the Rockies there were hardly settlers enough to keep a court busy, and in the mountains the miners had organized courts which were the recognized authorities of all the miners, and which made probate courts, such as provided by Kansas or Jefferson Territory, unnecessary. These courts in the mining communities, named "Miners' Courts," transacted all the court business there was to transact, and the miners paid little or no attention to any other courts.

As far as can be ascertained, the first of these Miners' Courts was organized in 1859, soon after the discovery of gold in the upper Clear Creek region. Its jurisdiction extended over what in those days was known as the Gregory district. All other Miners' Courts in the state were patterned after the Gregory district court. Their machinery was ex-