The Wild Frontier of Washington’s Legal System

The most interesting chapter in the early history of Washington territory is the one that tells of the trials, privations, and difficulties encountered by the pioneers who practiced law or wore the judicial ermine. In those days, lawyers were scarce, clients were poor, and access to a library was almost impossible. A lawyer was considered well-equipped who had in his office a copy of the 'donation act,' an old edition of Blackstone, and a few volumes of patent office reports. Travel was done in Indian canoes or on cayuse ponies. One trip from Whatcom to Whidby Island via Deception Pass included four Indian crewmen and a district judge who insisted on sitting on the bench with a derringer in each pocket. The first district court in the territory was held in a dwelling house at Cowlitz Landing in January 1854. No fortunes were made in those times; nearly all attorneys acted as notaries public and assisted settlers with their land claims just to make ends meet. When the call came for volunteers during the Indian hostilities of 1856, judges and lawyers put on their bearskin caps and went to the front. Despite the lack of comforts, these men were self-reliant, fearless, and independent, leaving behind footprints on the sands of time.