December 1

1869  Uinta County created by the Territorial Legislature.

1889  Burlington Northern branch line to Cambria mines completed.

1907  Fire in downtown Cody burned seven buildings. Attribution.  Wyoming State Historical Society.

1910  A bounty on coyotes in the amount of $1.25, a not unsubstantial amount at the time, established. Attribution:  Wyoming State Historical Society.

1916The Casper Weekly Press for December 1, 1916: White Slavery and Boom on in Casper
 

While the Cheyenne papers warned of bodies burning in the streets of Chihuahua and Villa advancing to the border, as well as the ongoing horrors of World War One, the Casper Weekly Press hit the stands with tales of white slavery.

White slavery, for those who might not know (we don't hear the term much anymore) was basically the kidnapping of young women and forcing them into prostitution.

Headlines like this are easy to discount, and seem lurid, fanciful, and sensationalist, but in reality they give us a view into the hard nature of the past we'd sometimes completely forget.  White Slavery, i.e., the kidnapping of women and the forcing them into prostitution, was actually a bonafide problem, and to some extent, it remains one.

I've spoken to one now deceased woman who escaped an attempt to kidnap her on a large East Coast city when she was a teen and who was convinced that she was almost a victim of such an effort.  And it wasn't all that long ago that it was revealed there was an Hispanic white slavery ring in Jackson Wyoming, where very young Mexican teenage girls were being brought up to that Wyoming resort town as prostitutes, working in an underground economy there focused on single Mexican laborers.  That one was discovered, oddly enough, through the schools.  Still, the evil practice, fueled by money and drugs, is with us still, although with advances in technology, and just more knowledge on such things, it wasn't what it once was, thankfully.

We don't want to romanticize the past here, so we've run this, although with all the news on bodies burning in the streets, etc, we probably can't be accused of romanticism anyhow.

Meanwhile an oil boom was on in Casper causing housing shortages.

Page two of the Casper Weekly informed us that a Ford had become a necessity.  If it wasn't quite true at the time, it soon would be.

The Wyoming, a store apparently took a shot at Prohibitionist by advertising that they had "everything a Prohibitionist likes."

The Wyoming Tribune for December 1, 1916: Carranza prepares to fight at the border

 

Just a few days ago the news was reporting that US forces would be able to withdraw from Mexico and an agreement with Carranza was on the verge of being signed. Today the Tribune was reporting fears that Villa would advance to the US border.

And former Governor Osborne, presently U.S. Assistant Secretary of State, we're told, was contemplating running for the Senate.

The Cheyenne Leader for December 1, 1916: Grim scenes in Chihuahua

 

Aerial view of Motor Truck Group, Ft. Sam Houston, Texas, Major F.H. Pope, Cavalry, commanding, December, 1916
 

1918 Watch on the Rhine, and on the Rio Grande, and on the Pimega. December 1, 1918.

Col. C.H. Hodges, First Division and interpreter, making arrangements with Inspector Ludveg, a German officer, for the use of Maximin Marracks. Treves, Germany. December 1, 1918.

American troops were pouring into Germany, and into occupation duty, on this day in 1918.

 Eighteenth Regiment Infantry. First Division , crossing bridge over Mosell River into Germany at Kalender Muhl. Kalender Muhl, Germany. December 1, 1918.

 View showing interest of German populace as Army mess kitchen goes through Treves. Treves, Germany, December 1, 1918.

 USS Orizaba which left Hoboken, New Jersey on Dec. 1, 1918 for Europe with journalists, photographers and others attending the Peace Conference after World War I

The press, meanwhile, was pouring into Europe as well, to watch and report on the drama of the peace negotiations.

That drama was clearly building.

At the same time, Villa's fortunes appeared to be reversing again.  And the Red Army suffered a reversal near Archangel in an action in which U.S. troops had played a part.

Cheyenne received some good news in the form of learning it was going to be an air mail hub, which it in fact did become.  And fans of the Marine Corps received some as well in learning that the Marines were going to keep on keeping on for at least awhile.

1925  Colorado-Wyoming Gas Company created.

1930  Robert Davis Carey, the son of Joseph Maull Carey, assumes the office of U.S. Senator.  Sen. Carey was elected to fill the seat vacated by the death of F. E. Warren.  He would serve until 1937, when he vacated the seat after loosing a bid for reelection. Thereafter, he intended resume ranching, which he only continued until his death twelve days after leaving office, at age 58.

1936  The McGill Bunkhouse, a 60 year old structure on the former stage line between Laramie and Centennial, was destroyed by fire.  Attribution:  Wyoming State Historical Society.

1942 Gasoline rationing begins in the US.

1969  December 1, 1969. The United States resumes a lottery system for conscription.

This is, frankly, a bit confusing.

The United States had resumed conscription following World War Two in March 1948.  It had only actually expired in January 1947, showing how a need for manpower in the wake of World War Two caused it to actually continue to exist in spite of a large reduction in force following the end of the war.

After coming back into effect in March 1948 it stayed in existence until 1973, but was then done away with following the end of the Vietnam War. By that time conscription was massively unpopular.  It can't be said to have ever really been "popular", per se, but it didn't meet with real resistance until the Vietnam War.

The resumption of a lottery system for the draft, in which each registrant was assigned a number and the number then drawn at random, was designed to attempt to reduce the unpopularity of conscription at that point in the Vietnam War.  Numerous changes were made to the system during the war including ending a marriage exemption and ultimately curtaining an exemption for graduate students. With the adoption of the lottery system also came a change in age focus so that rather than top of those in the age range being drafted it then focused on those who were 19 years old. The reason for this was that if a person's number wasn't chosen in the lottery as a 19 year old, they were not going to be drafted and could accordingly plan around that.

Because of the way that the draft worked prior to 1969, and even after that date, many men joined the service when faced with the near certainty of being conscripted. As a result, oddly, far more men volunteered for service than who were actually conscripted.  Additionally, the number of men who were volunteers for the service who served in Vietnam outnumbered those who were drafted, with a surprisingly large number of troops who served in the war itself volunteering for service in Vietnam.

1997  The Wyoming state quarter design approved.

2016   The Wyoming State Land Board, in a decision that has been atypical for it in recent years, declined to approve a land transfer that resulted in a disproportionate exchange of acreage.  The proposal, involving the loss of access to land in Laramie County that was used by area hunters and came under massive public opposition.

November 30

1782 Britain recognizes US independence.

1803 Spain cedes Louisiana to France, including, of course, that part which is now Wyoming.

1810 Oliver Fisher Winchester born.

1856  Martin's Cove survivors arrive in Salt Lake City. 

This event, often sort of off hand stated as having happened in the dead of winter, actually, as this date attests, occurred much earlier and for a much briefer period of time than imagined. The handcart company was in fact detained at Martin's Cove for only five days.

Of course, saying "only five days" presents that, in part, from a modern view.  The handcart company was travelling shockingly late in the year.  Travelling by handcart was an arduous affair under any circumstances and was poorly provided for by this point in their journey. Wyoming is subject to blizzards much earlier than early November and Martin's Cove itself is fairly high altitude at approximately 6,000 feet.

The number of Mormon immigrants that died at Martin's Cove during their storm enforced delay is actually not know, but at least 145 members of the 500 person company died en route to Salt Lake, although not necessarily all of them in this singular event.

1869  Woman's suffrage bill sent to the Territorial House.

1914  International  Brotherhood of Electrical Workers Local Union #322 chartered in Casper.

1916:   The Cheyenne Leader for November 30, 1916: A National Guard Casualty
 

Only meriting a small entry at the bottom of the page, we learn on this day that Wyoming National Guardsman Pvt. Frank J. Harzog, who enlisted from Sheridan, died in Deming of encephalitis.  He was to be buried at Ft. Bliss, so he wold never make it home.

Too often soldiers who die in peacetime are simply forgotten; their deaths not recognized as being in the service of the country. But they are.  Indeed, the year after I was in basic training a solider who was in my training platoon, a National Guardsman from Nebraska, died in training in a vehicle accident.  A Cold War death as sure as any other.

Thanksgiving Day, 1916
 

November 23 was Thanksgiving Day in 1916.  Woodrow Wilson issued a proclamation to that effect on November 17, 1916.

By the President of the United States of America
A Proclamation

It has long been the custom of our people to turn in the fruitful autumn of the year in praise and thanksgiving to Almighty God for His many blessings and mercies to us as a nation. The year that has elapsed since we last observed our day of thanksgiving has been rich in blessings to us as a people, but the whole face of the world has been darkened by war. In the midst of our peace and happiness, our thoughts dwell with painful disquiet upon the struggles and sufferings of the nations at war and of the peoples upon whom war has brought disaster without choice or possibility of escape on their part. We cannot think of our own happiness without thinking also of their pitiful distress.

Now, Therefore, I, Woodrow Wilson, President of the United States of America, do appoint Thursday, the thirtieth of November, as a day of National Thanksgiving and Prayer, and urge and advise the people to resort to their several places of worship on that day to render thanks to Almighty God for the blessings of peace and unbroken prosperity which He has bestowed upon our beloved country in such unstinted measure. And I also urge and suggest our duty in this our day of peace and abundance to think in deep sympathy of the stricken peoples of the world upon whom the curse and terror of war has so pitilessly fallen, and to contribute out of our abundant means to the relief of their suffering. Our people could in no better way show their real attitude towards the present struggle of the nations than by contributing out of their abundance to the relief of the suffering which war has brought in its train.

In Witness Whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington this seventeenth day of November, in the year of our Lord one thousand nine hundred and sixteen and of the independence of the United States the one hundred and forty-first.

It must have been a stressful one for a lot of people.  War was raging in Europe and a lot of Wyomingites were serving on the border with Mexico.  The local economy was booming, and there were a lot of changes going on in the towns, but due to the international conflict.

1918  November 30, 1918. Americans enter Germany for the first time, Villa threatens Juarez, Wyomingites get Reserve Plates, Teenage Bride Mildred Harris Chaplin rumored to be planning a visit home, No beer for New Years.

The first Americans to cross into Germany, November 30, 1918.  1st Division.  Wormeldauge Luxembourg to Winchrenger Germany.

On this date in 1918 the U.S. Army entered Germany from Luxembourg.

Gen. Campbell King, left, in Luxembourg on this date in 1918.  King was Harvard educated before attending becoming a lawyer in Georgia.  He entered  the Army in 1897 as a private and was commissioned an officer in 1898.  He was a Major entereing World War One and was breveted the rank of Brigadier General and served as Chief of Staff of the Third Army.  He retired as a Major General in 1932 and lived until 1953.  The officer on the right is an unidentified Marine Corps officer.  Note the much darker uniform and the different pattern of overseas cap, with that type being the type that would later become the service wide pattern after the war.

Headquarters for the occupation force remained, on this day, in Luxembourg itself.

Cheyenne residents read Gen. Pershing's address to his troops and the Governor was demobilizing the Home Guard.

And Wyoming was introducing its coveted "reserve plates" for motor vehicles, in which you could get the same license plate number every year (at a time in which you received new plates every year. . . which was the case at least into the 1970s).

In the other Cheyenne paper readers learned that yes, Villa was threatening Juarez again. So he'd returned from near defeat back to threatening and was back on the very top of the front page yet again. . . just as he had been prior to World War One.

Mildred Harris Chaplain at approximately this time. Her stardom was in ascendancy at the time but her life was is in turmoil.  She's married much older Charlie Chaplain at only age 16, something that would have wrecked both of their careers in and of itself in the present age, under the false belief that she was pregnant.

Cheyenne was hoping for a visit, we also learned, from Mildred Harris, now Mrs. Mildred Chaplin, who had turned 17 years old only the day prior.

In Casper the headline, like on many other papers, dealt with Woodrow Wilson's decision to lead the American peace delegation, something that was not a popular decision with Congress.  Casperites also read of the terrible massacre of the Jews in Lemberg (Lvov) by the Poles.

Casperites also were reading of the disbandment of UW's military training unit.

Casperites also read, in the other paper, Pereshing's Thanksgiving day address.

They also read that the Kaiser was that no longer.

And suds for New Years would be no longer as well. The committee that had suspended brewing as of the first of the year declined to rescind its order now that there was peace.

Boxing match in Archangel Russia between enlisted U.S. and French servicemen, November 30, 1918.

1920  Bureau of Reclamation commences construction of electric power plant at Buffalo Bill Dam.

1927   First day of Fremont County Turkey Show in Lander.  Attribution, Wyoming Historical Association.

1943  The price of coal from Rock Springs was raised $.20 per ton, a fairly substantial climb in that era.  Coal was an extremely vital source of fuel in this time period, although petroleum oil was supplanting it in many ways.  Attribution:  Wyoming State Historical Society.

1946  Barbara Cubin, Congresswoman from Wyoming, born in Salinas California.

2012  Wyoming Whiskey releases the first batches of its bourbon whiskey.  The product is the first legally distilled whiskey to be made in Wyoming.  It's not the first whiskey to be distilled in Wyoming, however, as Kemmerer was a center of illegally distilled whiskey during Prohibition.

November 28

Today is Thanksgiving Day for 2013.

1872  The Diamond Hoax of 1872 exposed by geologist Clarence King, who issued his opinion that a diamond prospect that had been securing prominent national interest had been salted.

Clarence King

Many wealthy and prominent Americans had been fooled by the scheme and had invested funds to purchase what was thought to be a significant diamond strike. The 1872 date of this event shows the significance that geology had in the state's history from the very onset of the state's history.

1890  The McKinney Strip contest settled in favor of Buffalo.  This was a land contest of some sort, but I can't remember the details.  Attribution:  Wyoming State Historical Society.

1912  Governor Carey declared the day to a day of Public Thanksgiving and Praise to Our Lord.

1914  New Your Stock Exchange reopens for the first time since July, when the crises leading up to World War One caused its closer.

1916:  The Cheyenne State Leader for November 28, 1916: Villa captures Chihuahua and moves north.
 

Villa was appearing quite resurgent, grim news for those hoping for a resolution to the border situation.

And a sugar plant was going in at Worland. . . where one still exists.  Elsewhere, the State Engineer was arguing for aid to settlers in an early economic development effort.

And the state's water contest against Colorado was making daily news.
1916  William F. Cody granted a patent for a design for a bit.

1917  Cornerstone laid for the Platte County Library.

I'm not completely certain, but I think that the old library is still there, attached to a much larger more recent structure. That sort of library update is fairly common. The Natrona County Library is the same way.

Libraries have fallen on somewhat hard times in recent years, but they remain a vital part of any community.  Most, indeed nearly any significant library, have updated their services over the years and offer a variety of them, although competing with the home computer is pretty tough.

In smaller communities, they also provide vital meeting room services.  Indeed, I was trying to remember if I've ever been in the Platte County Library.  I don't think so, but the reason I was trying to recall that is because I took a deposition in a southeastern Wyoming library years and years ago.  I'm pretty sure, however, that was the Goshen County Library.  Nonetheless, in smaller towns, finding a space in which to do something like that can be hard, and libraries can fit the bill. By the same token, I've taken a deposition in the Yale Oklahoma library, and there clearly would have been no other place in which to do that.

Anyhow, today is the centennial of the Platte County Library's cornerstone being fixed.

1918  Thanksgiving Day, 1918

The first Thanksgiving of the peace (keeping in mind that the United States only went through one wartime Thanksgiving in which it was a combatant), occurred on this day, in 1918.

I posted an item on this yesterday in that one of the Cheyenne newspapers ran an article about things being closed in Cheyenne today, and there having been late shopping last night, a century ago. Sounds a lot like today, eh?  In today's Casper Daily Press you can tell that they sent the employees home (keeping in mind that newspapers are put together the prior evening, if they're morning papers) so there'd be no paper on Friday.

That was so that people could enjoy the holidays on an American holiday that has remained much like it has always been, which is a refreshing thing to realize.

One of the things about Thanksgiving, which we've also already posted on, is a big gathering.  I've also posted on that here as well, in this entry:

Blog Mirror: Hundred-year-old Thanksgiving Menus

From A Hundred Years Ago:

Hundred-year-old Thanksgiving Menus

It's interesting to note what's on the menu not only for what's on it, but what isn't.  The authors of these menus didn't necessarily think that you had to have turkey.  Indeed, turkey is only on one of the menus.  "Roast fowl" is on two of them. But what sort of fowl were they thinking of? Any fowl?  Pheasant?

And wine isn't on the menu at all.  I note that as if you spend any time watching the endless Thanksgiving shows that will now be appearing on the Food Channel, or whatever, they're all going to have a part, or at least some surely will, where somebody talks about pairing wine with turkey (as they're all going to feature turkey. . . which is okay as I like turkey).

They're all going to have pumpkin pie as well. . . which only one of these does.  One of these, for that matter, has Maple Parfait. What's that?

Interesting stuff.

One of the things I didn't note in that entry, but which I should have, is that there was no "local food movement" at the time as all food was local.  Indeed, the most recent comment on this blog made me realize there's an element of that I'm not aware of, and as that's the purpose of this blog, exploring such topics, I'll be posting a query thread on that soon.  Anyhow, when I noted that some of these menus had "fowl" on them, it should have occurred to me that obtaining a fresh turkey probably presented greater or lesser difficulties (especially in 1918) for the cook depending upon where you lived.  Most folks probably could go to the butcher and obtain a turkey, and almost certainly some local farmer, even in Wyoming localities, raised them for the Holidays specifically.  Still, some hosts probably had menus that featured freshly obtained game, such as pheasant or, in Wyoming, ducks, geese or even sage chickens, all of which I find pretty darned tasty.

Of course, a lot of Americans were eating Thanksgiving Day dinners overseas in a mess hall of some sort in 1918.  What sort of menu did they find in the offering?  The authors of the excellent Roads to the Great War blog have that one covered:

Roads to the Great War: Thanksgiving Day 1918: Happy Thanksgiving from the Roads Editorial Team Much of the American Expeditionary Force found itself stuck in France after the Armis...

I don't know what "Dardanelle Turkey" is, unless that was the menu author's play on words Turkey keeping in mind that the recently defeated Ottoman Empire controlled the Dardanelles.  Perhaps.  But "White Fish" also on the menu. . .?  That one surprised me.

As it probably surprised some folks that Thanksgiving Day in 1918 was on November 28.  But as readers here will recall, the current calendar position of the holiday is a recent one, as this holiday used to move a fair bit around the month of November.

Any way you look at it, for most people this was likely a happier holiday than the one in 1917 had been. . . although for thousands of others, it was likely a profoundly sad one.

1919  November 28, 1919. The Union Pacific Gives Up, Mexico erupts, Ships launched and Heroines

The Union Pacific declared that it was giving up the search for Bill Carlisle on this post Thanksgiving Day (prior to it being Black Friday) and it was blaming Wyomingites for that.  It held that they were too sympathetic to the train robber and lambasted the state's residents for that in no uncertain terms.

1924  An earthquake occurred near Lander.

1927  William R. Coe made a substantial donation to the Buffalo Bill Museum in Cody.  Attribution:  Wyoming State Historical Society.

1942  Coffee rationing goes into effect in the United States.

1954  Edward D. Crippa completed his term as appointed Senator from Wyoming, filling out the balance of Lester C. Hunt's term until an elected replacement could be seated.

1960  Hugo Gerhard Janssen, early Wyoming photographer, died in Lovell Wyoming.

1989  The Newport News Shipbuilding and Dry Dock Company in Newport News wins the contract to build the SSN 773, USS Cheyenne.

November 27

1868  Battle of Washita, Oklahoma occurs.  7th Cavalry under George Custer attacks Cheyenne camp of Chief Black Kettle.  The Cheyenne band attacked was not at war with the US, and Black Kettle, who was killed in the battle, had been the same unfortunate leader who had been attacked at Sand Creek some years earlier, when his band was likewise not at war with the United States.

1869  Suffrage bill introduced in, and passed in, the Territorial Senate.

1903  Casper's oldest bank declared bankrupt.  This was prior, of course, to the FDIC and the FSLIC, so the economic impact of a bank becoming insolvent could be truly devastating to those with accounts in the bank.  Attribution, Wyoming History Calendar.

1916 Laramie Daily Boomerang for November 27, 1916: ROTC established at the University of Wyoming
 

ROTC comes to UW, and the big water case advances.

1918  November 27, 1918. The Consumer Economy appears, and the Nation resumes a Peacetime Economy.

The Laramie Boomerang reported that the country was resuming a peacetime economy and cutting appropriations, which in fact was done very rapidly, and with a somewhat disastrous impact on the national economy and individual businesses. At the same time, the paper was reporting that a giant military commitment of 1,200,000 men would remain in Europe for the time being.

At UW, the campus military training detachment was standing down.  Mass military training at UW came to an end.

The Casper newspaper, however, was focused on Thanksgiving, which in 1918 occurred on November 28.

To my surprise, Thanksgiving was clearly already associated with shopping, giving evidence to that phenomenon having existed much earlier than I would have supposed.  Indeed, an occasional topic of historical focus in some areas of historical focus is when the consumer economy first appeared.  Whenever that was (and its generally regarded as having its origins prior to World War One, it was clearly before 1918 as the stores in Cheyenne were going to be open to 9:00 this evening.

1923 (linked in for the Casper item) Tuesday, November 27, 1923. Oklahoma Senate Approves Ban On Mask, Oil Filters, Odd feats of strength.

No, not that kind of mask you might see in a headline today, but rather the costume of the Ku Klux Klan.

The Wiggins shoe store mentioned in this article was still open in the 1990s, and maybe the 2000s.  It no longer is. By that time, it was one of two shoe repair shops still operating downtown.

Now there are none.

The modern oil filter was patented by George H. Greenhalgh. Prior to this, automobiles simply used a screen, which would partially account for the short engine life early automobiles had.

The Purolator oil filter is essentially what most vehicles use today, and is still in production.

The Purolator original design featured the cardboard filter which was inserted into a fixed housing.  I've worked on vehicles that retained this filter design exactly, and it is essentially the same as a modern filter except now the housing comes with the filter, and you replace the entire thing.  I've also worked on cars that used this sort of filter for their fuel filter.

While a revolutionary design, it did not become immediately widespread.  It wasn't until the 1950s, apparently, when they became universal, although my 1946 CJ2A, which I sold long ago, had one.  A 1954 Chevrolet Sedan I once had also had one.

1924  A schoolhouse was dedicated in Salt Creek.  Salt Creek was, and remains, one of Natrona County's earliest oilfields.

1941     Joint Army-Navy signal to Hawaii states, "This dispatch is to be considered a war warning.  Negotiations with Japan looking toward stabilization of conditions in the Pacific have ceased and an aggressive move by Japan is expected within the next few days. The number and equipment of Japanese troops and the organization of naval task forces indicates an amphibious expedition against either the Philippines, Thai or Kra Peninsula or possibly Borneo. Execute an appropriate defensive deployment preparatory to carrying out the tasks assigned in WPL46. Inform District and Army authorities. A similar warning is being sent by War Department. Spenavo inform British. Continental districts, Guam, Samoa directed take appropriate measures against sabotage".

October 31

Today is Halloween

1782  A Court established at Trenton, New Jersey that Pennsylvania owned the Wyoming Valley but that the claims of Connecticut settlers to land titles should be honored  Ownership of the Wyoming Valley, after which the State of Wyoming was named, had been disputed between the two colonies, now states.

1822 Mexican Emperor Agustín de Iturbide dismissed the Mexican Congress to attempt to rule via  a junta.

1831  John W. Hoyt, Wyoming's Third Territorial Governor, born in Ohio.

1888  Stewart v. Wyoming Cattle Co. was argued in front of the United States Supreme Court.  The case involved an action brought by the British owned and Edinburgh Scotland headquartered Wyoming Cattle Ranch Company against John T. Stewart, a citizen of Iowa over alleged misrepresentations in the sale of horses and cattle.

The decision read:

Stewart v. Wyoming Cattle Ranch Co., 128 U.S. 383 (1888)

Stewart v. Wyoming Cattle Ranch Company
No. 52
Argued October 31, November 1, 1888
Decided November 19, 1888
128 U.S. 383
ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF NEBRASKA

Syllabus

Although silence as to a material fact is not necessarily, as matter of law, equivalent to a false representation, yet concealment or suppression by either party to a contract of sale, with intent to deceive, of a material fact which he is in good faith bound to disclose, is evidence of, and equivalent to, a false representation.

Instructions given to a jury upon their coming into court after they have retired to consider their verdict, and not excepted to at the time, cannot be reviewed on error, although counsel were absent when they were given.

Affidavits filed in support of a motion for a new trial are no part of the record on error, unless made so by bill of exceptions.

The case is stated in the opinion of the Court.
MR. JUSTICE GRAY delivered the opinion of the Court.

The original action was brought by the Wyoming Cattle Ranch Company, a British corporation having its place of business at Edinburgh, in Scotland, against John T. Stewart, a citizen of Iowa. The petition contained two counts. The first count alleged that the defendant, owning a herd of cattle in Wyoming Territory, and horses going with that herd, and all branded with the same brand, and also 80 short-horn bulls, and 700 head of mixed yearlings, offered to sell the same, with other personal property, for the sum of $400,000, and at the same time represented to the plaintiff and its agent that there had already been branded 2,800 calves as the increase of the herd for the current season, and that the whole branding of calves and increase of the herd for that season would amount to 4,000, and that, exclusive of the branding for that year, the herd consisted of 15,000 head of cattle, and that there were 150 horses running with it, and branded with the same brand; that, had the representation that 2,800 calves had been branded been true, it was reasonable from that fact to estimate that the whole branding for that year would be 4,000 head, and that the whole herd, exclusive of the increase for that year, was 15,000 head; that the defendant, when he made these representations, knew that they were false and fraudulent, and made them for the purpose of deceiving the plaintiff and its agent, and of inducing the plaintiff to purchase the herd, and that the plaintiff, relying upon the representations, and believing them to be true, purchased the herd and paid the price.
The second count alleged that the defendant had failed to deliver the bulls and yearlings as agreed.

At the trial the, following facts were proved:

The defendant, being the owner of a ranch with such a herd of cattle, gave in writing to one Tait the option to purchase it and them at $400,000, and wrote a letter to Tait describing all the property, and gave him a power of attorney to sell it. He also wrote a letter describing the property to one Majors, a partner of Tait. A provisional agreement for the sale of the property, referring to a prospectus signed at the same time, was made by Tait with the plaintiff in Scotland, a condition of which was that a person to be appointed by the plaintiff should make a favorable report. One Clay was accordingly appointed, and went out to Wyoming, and visited the ranch . Certain books and schedules made by one Street, the superintendent of the ranch ,were laid before him, and he and the defendant rode over the ranch together for several days. Clay testified that, in the course of his interviews with the defendant, the latter made to him the false representations alleged in the petition, and requested him to rely on these representations, and not to make inquiries from the foreman and other persons, and that, relying on the representations, he made a favorable report to the plaintiff, which thereupon completed the purchase. The plaintiff also introduced evidence tending to prove the other allegations in the petition. The defendant testified that he never made the representations alleged. The jury returned a general verdict for the plaintiff in the sum of $55,000, upon which judgment was rendered, and the defendant sued out this writ of error.

No exception was taken to the judge's instructions to the jury upon the second count. The only exceptions contained in the bill of exceptions allowed by the judge and relied on at the argument were to the following instructions given to the jury in answer to the plaintiff's requests:
"14. I am asked by the plaintiff to give a number of instructions, a portion of which I give, and a portion of which I must necessarily decline to give. My attention is called to one matter, however, and as I cannot give the instruction as it is asked for, and as the matter it contains is, as I think, of the first importance, I will state my own views upon that particular point."

"I am asked to say to the jury, if they believe from the evidence that, while Clay was making the inspection, Stewart objected to Clay making inquiries about the number of calves branded of the foreman and other men, and thereby prevented Clay from prosecuting inquiries which might have led to information that less than 2,000 calves had been branded, the jury are instructed that such acts on the part of Stewart amount in law to misrepresentations."

of cattle, and the number of horses, and the condition of the ranch ,and the number of calves that would probably be branded; if the company sent him there as an expert for the purpose of determining all those things for itself and for himself, and relied upon him, and he was to go upon the ranch himself, and exercise his own judgment, and ascertain from that, without reference to any conversation had with Stewart, then it would make no difference. But while he was in pursuit of the information for which he went there, Stewart would have no right to throw unreasonable obstacles in his way to prevent his procuring the information that he sought and that he desired. If the testimony satisfies you that they did go there together, while Clay was making efforts to procure the information which he did, and while he was in pursuit of it, and while he was on the right track, Stewart would have no right to throw him off the scent, so to speak, and prevent him in any fraudulent and improper way from procuring the information desired, and, if he did that, that itself is making, or equal to making, false and fraudulent representations for the purpose in question. But if Stewart did none of these things, then, of course, what is now said has no application."

"In reference to that point, I feel it my duty to say this to the jury: that if the testimony satisfies you that after all the documents in question that have been introduced in evidence here went into the hands of the home company in Scotland, where it had its office, and where it usually transacted its business, if it was not satisfied with what appears in those papers, and if it did not see proper to base its judgment and action on the information that those papers contained, but nevertheless sent Clay to Wyoming to investigate the facts and circumstances connected with the transaction, to ascertain the number". In determining whether Stewart made misrepresentations about the number of cattle or the loss upon his herd or the calf brand of 1882, the jury will take into consideration the documents made by Stewart prior to and upon the sale -- namely the power of attorney to Tait, the descriptive letter, the optional contract, letter to Majors, schedules made by Street, provisional agreement and prospectus, and his statements to Clay, if the jury finds he made any, upon Clay's inspection trip, and if the jury find that in any of these statements there were any material misrepresentations on which plaintiff relied, believing the same, which has resulted to the damage of the plaintiff, the plaintiff is entitled to recover for such damage."

If the jury find from the evidence that Stewart purposely kept silent when he ought to have spoken and informed Clay of material facts, or find that by any language or acts he intentionally misled Clay about the number of cattle in the herd, or the number of calves branded in the spring of 1882, or by any acts of expression or by silence consciously misled or deceived Clay, or permitted him to be misled or deceived, then the jury will be justified in finding that Stewart made material misrepresentations, and must find for the plaintiff, if the plaintiff believed and relied upon the representations made by the defendant."

The judge, at the beginning and end of his charge, stated to the jury the substance of the allegations in the petition as the only grounds for a recovery in this action; and at the defendant's request, fully instructed them upon the general rules of law applicable to actions of this description, and gave, among others, the following instructions:". In order to recover on the ground of false representations, such false representations must be shown to be of a then existing matter of fact material to the transaction, and no expression of opinion or judgment or estimation not involving the assertion of an unconditional fact can constitute actionable false representation, and in such case the jury must find for the defendant on the first count in the petition."

" In order to justify a recovery, it must be shown by proof that the plaintiff's agent relied upon the alleged false representations and made them the ground and basis of his report, but that he was so circumstanced as to justify him in so relying upon and placing confidence in said representations, and if it appears that he had other knowledge or had received other representations and statements conflicting therewith sufficient to raise reasonable doubts as to the correctness of such representations, then there can be no recovery on the first count."

The judge, of his own motion, further instructed the jury that they were to decide upon the comparative weight of the conflicting testimony of Clay and of the defendant, and added:
"It seems to me that the first count must hinge upon that one point, because if there was no statement made by Stewart to Clay with reference to the number of calves that were branded during this trip of inspection of the ranch, then it seems to me that the whole theory which underlies the claim of the plaintiff must be an erroneous one."

Taking all the instructions together, we are of opinion that they conform to the well settled law, and that there is no ground for supposing that the jury can have been misled by any of the instructions excepted to.

In an action of deceit, it is true that silence as to a material fact is not necessarily, as matter of law, equivalent to a false representation. But mere silence is quite different from concealment. Aliud est tacere, aliud celare -- a suppression of the truth may amount to a suggestion of falsehood. And if, with intent to deceive, either party to a contract of sale conceals or suppresses a material fact which he is in good faith bound to disclose, this is evidence of and equivalent to a false representation, because the concealment or suppression is in effect a representation that what is disclosed is the whole truth. The gist of the action is fraudulently producing a false impression upon the mind of the other party, and if this result is accomplished, it is unimportant whether the means of accomplishing it are words or acts of the defendant or his concealment or suppression of material facts not equally within the knowledge or reach of the plaintiff.

The case of Laidlaw v. Organ, 2 Wheat. 178, is much in point. In an action by the buyer of tobacco against the sellers to recover possession of it, there was evidence that before the sale the buyer, upon being asked by Girault, one of the sellers, whether there was any news which was calculated to enhance its price or value, was silent, although he had received news, which the seller had not, of the Treaty of Ghent. The court below, "there being no evidence that the plaintiff had asserted or suggested anything to the said Girault calculated to impose upon him with respect to the said news and to induce him to think or believe that it did not exist," directed a verdict for the plaintiff. Upon a bill of exceptions to that direction, this Court, in an opinion delivered by Chief Justice Marshall, held that while it could not be laid down as a matter of law that the intelligence of extrinsic circumstances which might influence the price of the commodity, and which was exclusively within the knowledge of the vendee, ought to have been communicated by him to the vendor, yet at the same time, each party must take care not to say or do anything tending to impose upon the other, and that the absolute instruction of the judge was erroneous, and the question whether any imposition was practiced by the vendee upon the vendor ought to have been submitted to the jury.

The instructions excepted to in the case at bar clearly affirmed the same rule. The words and conduct relied on as amounting to false representations were those of the seller of a large herd of cattle, ranging over an extensive territory and related to the number of the herd itself, of which he had full knowledge or means of information not readily accessible to a purchaser coming from abroad, and the plaintiff introduced evidence tending to show that the defendant, while going over the ranch with the plaintiff's agent, made positive false representations as to the number of calves branded during the year and also fraudulently prevented him from procuring other information as to the number of calves, and consequently as to the number of cattle on the ranch.

In giving the fourteenth instruction, the judge expressly declined to say that if the defendant prevented the plaintiff's agent from prosecuting inquiries which might have led to information that less than 2,000 calves had been branded, such acts of the defendant would amount in law to misrepresentations, but, on the contrary, submitted to the jury the question whether the defendant fraudulently and improperly prevented the plaintiff's agent from procuring the information demanded, and only instructed them that if he did, that was making, or equal to making, false and fraudulent representations for the purpose in question.
So the clear meaning of the sixteenth instruction is that the jury were not authorized to find material misrepresentations by the defendant unless he purposely kept silent as to material facts which it was his duty to disclose, or by language or acts purposely misled the plaintiff's agent about the number of cattle in the herd or the number of calves branded, or, by words or silence, knowingly misled or deceived him, or knowingly permitted him to be misled or deceived in regard to such material facts, and in one of these ways purposely produced a false impression upon his mind.

The defendant objects to the fifteenth instruction that the judge submitted to the jury the question whether the defendant made misrepresentations about the number of cattle, and about the loss upon the herd as well as about the calf brand of 1882. It is true that the principal matter upon which the testimony was conflicting was whether the defendant did make the representation that 2,800 calves had been branded in that year. But the chief importance of that misrepresentation, if made, was that it went to show that the herd of cattle which produced the calves was less numerous than the defendant had represented, and the petition alleged that the defendant made false and fraudulent representations both as to the number of calves branded and as to the number of the whole herd. So evidence of the loss of cattle by death beyond what had been represented by the defendant tended to show that the herd was less in number than he represented.

The remaining objection argued is to an instruction given by the judge to the jury in response to a question asked by them upon coming into court after they had retired to consider their verdict. It is a conclusive answer to this objection that no exception was taken to this instruction at the time it was given or before the verdict was returned. The fact that neither of the counsel was then present affords no excuse. Affidavits filed in support of a motion for a new trial are no part of the record on error unless made so by bill of exceptions. The absence of counsel while the court is in session at any time between the impaneling of the jury and the return of the verdict cannot limit the power and duty of the judge to instruct the jury in open court on the law of the case as occasion may require, nor dispense with the necessity of seasonably excepting to his rulings and instructions, nor give jurisdiction to a court of error to decide questions not appearing of record.

Judgment affirmed.

1890  A butcher in Merino was arrested for stealing cattle.  Attribution:  Wyoming State Historical Society.

1903  The Battle of Lightning Creek occurred in Weston County Wyoming when Sheriff William Miller and a party of men under his leadership, having already arrested twelve Sioux in the area for hunting violations, engaged in a firefight with Sioux under Chief Charley Smith.  Miller, Deputy Louis Falkenberg and Chief Smith died in the battle.  Nine Sioux men alleged to have participated, and twelve women, were later arrested by Crook County Sheriff Deputy Lee Miller, but they were released for lack of evidence.

1916   The Wyoming Tribune for October 31, 1916: Wyoming Guard returning?
 

On the last day of October, the Wyoming Tribune was reporting rumors that the Wyoming and Colorado National Guard would be returning to Wyoming to muster out.

A big Russian offensive in the war was big news, and the Tribune was campaigning for the Republican candidates.

1918 October becomes the deadliest month of the 1918 Flu Epidemic in the US.

Amongst those who would be infected by the disease was my great aunt Ulpha, who did not die immediately of it, but who was so weakened that she would never recover, and would die a few years later.

1918  Countdown on the Great War, October 30, 1918: French reach the Aisne, Central Powers collapse in the Balkans, Revolution in Hungary, the war stops in the Middle East

1.  French forces reached the Aisne River.

2.  In the Balkans the Italians and French took Shkoder Albania, while the Serbs took Podgorica, Montenegro.

3.  Combat stopped in the Middle East with the formal surrender of the Ottoman Empire.

In Cheyenne they learned of the Ottoman's quitting. . . and also the residence problems of the former Governor Osborne.

They learned the same in Laramie. . . where nurses were being called due to the flu and the next conscription cohort was being notified.

4.  Hungarian revolutionaries seized public buildings and King Charles IV was forced to recognize the success of the coup.  Austro Hungaria as a political entity was effectively over.

1922  Anthony Raich of Kemmerer is granted a patent for a Lunch Pail.

1938 The day after his "War of the Worlds" broadcast had panicked radio listeners, Orson Welles expressed "deep regret" but also bewilderment that anyone had thought the show was real.

1941 U-552 sinks USS Reuben James (DD-245), the first US ship lost in WW II, although the ship, which was assigned to escort duty and was based at Hvalfjordur, Iceland, was not in a declared war from the US prospective. The sinking is memorialized in a Woody Guthrie song, set to the tune of Wildwood Flower. The sinking itself was a case of mistaken identity, as the ship's profile was essentially identical to some US ships transferred earlier to the British. The crew of the U-552 didn't realize for several days that they had sunk an American vessel, and only learned of that by way of a British radio broadcast.

Have you heard of a ship called the good Reuben James
Manned by hard fighting men both of honor and fame?
She flew the Stars and Stripes of the land of the free
But tonight she's in her grave at the bottom of the sea.

Tell me what were their names, tell me what were their names,
Did you have a friend on the good Reuben James?
What were their names, tell me, what were their names?
Did you have a friend on the good Reuben James

Well, a hundred men went down in that dark watery grave
When that good ship went down only forty-four were saved.
'Twas the last day of October we saved the forty-four
From the cold ocean waters and the cold icy shore.

It was there in the dark of that uncertain night
That we watched for the U-boats and waited for a fight.
Then a whine and a rock and a great explosion roared
And they laid the Reuben James on that cold ocean floor.

Now tonight there are lights in our country so bright
In the farms and in the cities they're telling of the fight.
And now our mighty battleships will steam the bounding main
And remember the name of that good Reuben James.

1942  Birth of Wyoming educator and politician, Tom Walsh (death January 1, 2010), in Thermopolis Wyoming.

1942.  Residents of the town of Parco voted to change the name of the town to Sinclair.

1942 Production of new typewriters ceased in the United States as manufacturers had switched over to war materials.

1945  Wyoming Game and Fish agents Bill Lakanen and Don Simpson were shot and killed responding to a report of poaching in the Rawlins, Wyoming area. They are two of five Wyoming Game and Fish employees to be killed in the line of duty.  Their case is particularly unique as there was at least a suspicion that their killer, a native German known to be sympathetic with recently defeated Nazi Germany, and there had been some earlier reports of interior radio traffic in the general region (a very broad area) directed towards German receipt regarding the weather, a fact useful to submarines.  This, however, was not proven to be anything, and the FBI did not track down the source of the alleged broadcast.  The suspected killer was never found, but was believed to be inside a cabin located where the Game Wardens were killed.

1996 The State of Wyoming's lease on Ft. Bridger concludes.  The following day the property passed into the ownership fo the Fort Bridger Historical Association..

1999 Samuel Knight chosen as Wyoming's Citizen of the Century by  the University of Wyoming's American Heritage Center.  Knight was a long time and influential geology professor at the University.

2007 A 4.0 earthquake occurred 93 miles from Riverton.