Page:The Green Bag (1889–1914), Volume 04.pdf/183

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The Green Bag.

easy range of the window of the law office attracted the prairie-rovers, and supplied the young lawyer with a species of practice probably not the least remunerative that came to that poor office in the wilderness. A paternal government (possibly as a deli cate method of assisting a poor but proud profession) paid a bounty of seventy-five cents per scalp. But times grew brighter

as emigration came that way, and Mr. Flandrau remained at Traverse des Sioux until 1864. For a time he held the office of clerk and district attorney of Nicollet County. In 1856 he served one term in the territorial Council, but resigned before the end of the term. In 1856 he was appointed by Presi dent Pierce agent for the Sioux Indians, but resigned this po sition after about a year's service, and was again elected a member of the terri torial Legislature. On July 17, 1857, LAFAYETTE President Buchanan appointed Mr. Flan drau Associate Justice of the Supreme Court of the Territory. But one general term was held during his term, and no opinions appear in the reports of the period written by Judge Flandrau. He held several terms of the dis trict court, and became noted for the rapidity with which he despatched business. At the convention of the Democratic party held in 1857 for the nomination of State officers under the new Constitution, Judge Flandrau was nominated and subsequently elected an Associate Justice of the Supreme Court for a term of seven years.

Judge Flandrau's decisions during these seven years are found in Volumes II. to IX. inclusive of the State Reports. He appa rently did more than his share of the work; and some of his decisions display not only great industry and untiring research, but unusual ability and learning. In the case of Mason vs. Callender, 2 Minn. 359 (302), he wrote a decision which covers twenty-six pages of the Report, and is an elaborate commentary upon the law and morals of in terest. This case is followed by the court in Dyer vs. Slingerland, 24 Minn. 267, while stating that a contrary rule would meet with their ap proval if the ques tion were an open one. Judge Flandrau ren dered distinguished service to the State during the Sioux out break in 1862, and was in command at the battle of New Ulm. In commemoration of this battle, a monu ment has recently been EMMETT. erected, upon which is a fine medallion por trait of the commander. In the spring of 1864 Judge Flandrau resigned his position as Associate Justice, and went to Nevada, where he entered into partnership with his former associate Judge Atwater. After a year spent in Nevada, he removed to St. Louis, where he remained for a short time, but soon located at Minneapolis. In 1865 he was the Democratic candidate for Governor of Minnesota, but was defeated by William R. Marshall. In 1869 he was the candidate of the same party for Chief-Justice against C. G. Ripley, but the latter was