THE FEDERAL COURTS OF THE TENTH CIRCUIT: A HISTORY
(Up to 1992)
This volume is a history of the federal courts, and especially of the now deceased judges who served, in the six states (Kansas, Colorado, Wyoming, Utah, Oklahoma, and New Mexico) comprising what is now the Tenth Circuit.
Funded under the auspices of the United States Judicial Conference Committee on the Bicentennial of the Constitution of the United States and published by the U.S. Court of Appeals for the Tenth Circuit in 1992, the book covers the entire history of the federal law and its courts as applied to the six state area from the founding of the nation through 1990.
There are individual chapters on the territorial and federal district courts of each state, and on the Court of Appeals. At the end of each chapter are photographs of all of the territorial judges whose pictures could be located, all of the district and circuit judges who died before the end of 1990, and courthouses that served the federal courts of the particular state or, in the chapter on the circuit court, that appellate court. Photographs and short biographical sketches of all of the judges living in 1990 appear in the Appendices.
You will find the legal history of these six states to be unique and interesting: from the stories of “Bleeding Kansas” as a precipitating event for the Civil War, to the gold rush in Colorado, to Wyoming’s wild “Cowboy” west, to Utah’s Mormons and their long conflict with federal authority, to Oklahoma’s history as Indian Territory with the relocation to it of the Five Civilized Tribes, to New Mexico’s Spanish territorial origins. There are many interesting stories in every chapter.
For your convenience each chapter and section of the book has been converted to PDF format. You can click on the blue links below to browse each section or you may download and print them. There is no copyright on the material in the book.
Identifies the various chapters, subdivisions thereof, appendices, tables and the pages where they may be found.
Introduction: About This History
A foreword by circuit judge James K. Logan who edited the multi-author volume with the assistance of the librarians and staff of the Tenth Circuit Library, discussing the history of the writing project itself and the work of those who contributed, and relating why the work of still living judges was left to later volumes.
Reviews the law as it existed and was applied in practice to the territory now comprising the states of the Tenth Circuit both before and after the Louisiana Purchase, and in the pre-territorial settlements; also discusses generally the territorial judiciaries and the length of time they existed before each territory became a state.
Chapter II: Kansas: The Territorial and District Courts
Discusses each territorial and district judge’s life and tenure on the court; the turbulent history of the territorial court and conflict between supporters of slavery and free state supporters from the enactment of the Kansas-Nebraska Act of 1854 to statehood in 1861; gives brief history of Brown v. Board of Education case.
Chapter III: Colorado: The Territorial and District Courts
Discusses each territorial and district judge’s life and tenure on the court; treats the court’s contribution to mining and water law; contains special discussion of extraordinary territorial and first district judge Moses Hallett.
Chapter IV: Wyoming: The Territorial and District Courts
Discusses each territorial and district judge’s life and tenure on the court; treats difficulties of 22 years as a territory during “cowboy west” days; contains discussion of territorial judge Willis Van Devanter who was later elevated to the U. S. Supreme Court; gives brief history of infamous Teapot Dome case.
Chapter V: Utah: The Territorial and District Courts
Discusses each territorial and district judge’s life and tenure on the court; encompasses the long (46 year) period as a territory, Mormon War, polygamy problems, and conflicting philosophies postponing statehood.
Chapter VI: Oklahoma: The Territorial and District Courts
Discusses each territorial and district judge’s life and tenure on the court; explains the unusual split of territorial courts (Indian and Oklahoma), three federal districts, Indian law and problems, and various appointment controversies.
Chapter VII: New Mexico: The Territorial and District Courts
Discusses each territorial and district judge’s life and tenure on the court; gives background on the state’s 62 years as a territory with 67 territorial judges, Spanish tradition and church conflict, and colorful judge Colin Neblett.
Chapter VIII: Appellate Review Before The Tenth Circuit Was Formed
Discusses history of the courts of appeal, judges and appeals handled by the Eighth Circuit involving the six states which became the territory of the Tenth Circuit.
Discusses the social climate and legislation creating the Tenth Circuit, its early years of operation, administrative structure, court administration at national level, judicial circuit councils, judicial circuit conferences.
Chapter X: The Judges of the Court of Appeals
Discusses each circuit judge’s life and tenure on the court; appointments; social, political and historical context of the judges’ work; important cases.
Appendices—Tables I-IV
- Table I - U.S. Supreme Court Justices Appointed from the Tenth Circuit States; tables of succession, assignments, biographical sketches.
- Table II - Judges of the Court of Appeals; tables of succession, biographical sketches.
- Table III - Judges of the District Courts; tables of succession.
- Table IV - Territorial Judges; tables of succession.