New Sidebar: Lex Anteinternet: The Wyoming National Guard and the Punitive Expedion

This post, which appears on one of companion blogs, has just been added here as a Sidebar (see the features off to the left hand margin of the blog).  We thought about posting it here as an original entry to this site, but it fits into the Punitive Expedition theme we're exploring on Lex Anteinternet.  We hope you enjoy it.

Lex Anteinternet: The Wyoming National Guard and the Punitive Expedi...: I'll confess, in making this post, that I have a soft spot for the National Guard.  In no small part that may be because I was in the A...

Blog Mirror: “The Great Call Up- Wyoming Moves to the Border, 1916”

 Casper Journal:  “The Great Call Up- Wyoming Moves to the Border, 1916”

The early morning hours before dawn on March 9, 1916 in the sleepy Mexican border town of Columbus, New Mexico were beautiful, clear and star-lit.

December 25. Christmas

Today is Christmas Day

This day remains the most popular holiday in the Western World, and much of the rest of the world, in spite of the inroads of commercialization, the return of the seven day a week workweek, and the blathering of commercial entertainment, which offers up, in this season, such pathetic offerings as the televised seasonal stupidity of Chevy Chase and other such alleged comedic attempts.  May you all have a Merry and Joyous Christmas, in the true sense of the words and in keeping with the true meaning of the holiday.

In terms of history, in recent years it is often claimed that the December 25 date was chosen by the Church for Christ's Mass as it would override existing Pagan feast days, but this is a myth.  The most common claim involves Sol Invictus, but the problem with this assertion is that the earliest recording of that Pagan day being celebrated on December 25 comes from the year 354, and even that is unclear as to whether the day was honoring "The Unconquerable Sun" or something else.  There are claims for earlier dates in the 270s, but the record doesn't support a clear date until 354, to the extent that date is even clear.  The earliest indication of  Christians celebrating the Birth of Christ on December 25 comes from 206, over a century and a half earlier, and in a form suggesting that the date was generally accepted, which would indicate it having been established for some time.  Some will cite to 336 as the year in which the date was established, but this fails to acknowledge that the 336 date reflects a recorded Christ's Mass, when earlier Christian writings were noting that the December 25 date for Christ's birth.  Even the 336 date doesn't reflect the establishment of the date as a Christian Holy Day, but rather notes a Mass being celebrated for the Holy Day.

Another claim is that it overrides the date for a festival committed to Saturnus, but in fact that event occurred earlier in December, lasted several days, and was over by December 23.

1866 Portugee Phillips arrives at Ft. Laramie after a harrowing several day ride from besieged Ft. Phil Kearny. Contrary to myth, Phillips did not make the entire ride alone, but had other civilian volunteers in his company except for the very last section of the ride.  Their mission was essentially complete when they arrived at Horseshoe Station, where news of the Fetterman defeat was telegraphed to Omaha.  But Phillips went on alone, an additional hours ride, to bring the telegram and news to Ft. Laramie, arriving at 11:00 p.m. as a party was going on in Old Bedlam, the bachelor's officers quarters, which his arrival interrupted and made somber.  Phillips was given the gift of a fine horse by Company F of the 2nd Cavalry for his efforts.

1882  First recorded turkey dinner in Wyoming takes place at Ft. McKinney.

1917   Mexican Raid on Brite's Ranch, Texas. December 25-26, 1917.
 

On this day in 1917 Mexican raiders attacked Brite's Ranch in Texas. This resulted in a two day running fight that ultimately involved the U.S. Army's 8th Cavalry, including motorized elements of the same.

 Brite's Ranch in 1918, including small fort built on the location by the Texas Rangers for defensive purposes.

The Mexican forces responsible for the raid were never clearly identified.  Villistas were logically suspected for the raid at first, and may well have been responsible. However, Carrazaistas came to also be suspected to have been involved. Whether or not they were has never been determined. At the same time it cannot helped but be noted that the border had become lawless and the raids that came out of Mexico in this time period did not necessarily have any political motive and some of them were simply armed criminal expeditions.  Some had mixed purposes.

The raid started at about dawn when a party of about 45 or so Mexican raiders rode into Brite's Ranch, which was not only a ranch headquarters but a small town as well.  Only one man, Sam Neill, the son of the ranch manager, was awake at the time but realizing what was happening he armed himself and engaged the raiders. This soon awakened others there and the fight expanded and went on for some time until the Mexican raiders captured two Mexican ranch hands and bargained for their lives for entry in to the general store, which was then granted to them.  As they were robbing the store, a postal carrier with two Mexican passengers arrived and all three of them were killed by the Mexican raiders, bringing the total deaths in the raid to four.

The Neill's were hosting a Christmas party that night and as a result as the hour for the party arrived guests began to arrive and this resulted in the resisting party being expanded and the alarm being spread.  The message was carried to Lucas Brite in Marfa by telephone and then to the 8th Cavalry and the local sheriff, who formed a joint posse and cavalry detachment that then drove the raiders back into Mexico.

The following day men of the 8th Cavalry, who had arrived at Brite's Range by automobile, borrowed horses from the ranch and launched a punitive raid into Mexico, hoping to catch the responsible parties.  They met with additional cavalrymen near the Rio Grande and a detachment of about 200 troopers entered Mexico. The cavalrymen caught up up with the raiders and engaged them near Pilares, killing about 29 of them and recovering some of the stolen property.

This story would not end here, unfortunately, as the events that were unleashed by the raid on Brite's Ranch inflamed feelings on the border and would lead to tragedy, as we will see in a later entry on our real time exploration of the Punitive Expedition and the events that preceded and followed it.

So, while all eyes were on France, things were getting tense again on the Mexican border.

 The Brite's Raid made the cover of the Casper Record in a not very Christmasy issue, along with something that would actually happen the next day rather than on Christmas Day.  Hooverize?

December 17

1619     Prince Rupert of the Rhine, Royalist cavalry commander in the English Civil War, born.  He returned England with the restoration of Charles II, and headed the investors group that in 1670 got a charter for the Hudson's Bay Company and title to all lands draining into Hudson Bay.  He was the first Governor of the HBC.

1890  Union Pacific swithmen went on strike.   Attribution: Wyoming State Historical Society.

1904  John J. McIntyre born in Dewey County, Oklahoma.  He was the Congressman from Wyoming from 1941 to 1943, serving a single term.  He served as State Auditor in 1946, and was later a Justice of the Wyoming Supreme Court from 1960 until his death in 1974.

McIntyre graduated from high school in Tulsa, Oklahoma and had a law degree from the University of Colorado at Boulder from 1929.  He relocated to Wyoming in 1931 where he became the Converse County Attorney in 1933 and entered Federal service as an attorney in 1936.  He was a member of the Wyoming National Guard and was promoted to the rank of Captain in1936. This was not unusual for lawyers of that period, as many held commissions on the Guard.  He must have been in the Guard at the time it was Federalized in 1940, but his status as a Congressman likely took him out of service at the time of Pearl Harbor.  He was not reelected to Congress and served as a Deputy Attorney General in 1943 and 1944, and then entered the U.S. Army as an enlisted man where he was a Staff Sergeant with the 660th Field Artillery.

1916  Inter Ocean destroyed by fire.

The Inter-Ocean

1916   Inter-Ocean Hotel in Cheyenne destroyed by fire.  Attribution; Wyoming State Historical Society.

The Inter-Ocean was one of several Cheyenne hotels that were big deals and major watering holes, something very common in that era and for decades thereafter (and still somewhat true in larger cities today).  It's remembered to Western History for being the location referenced by Tom Horn in his famous conversation with  Joe LeFors.

If you go to the Inter-Ocean to sit down and talk a few minutes some one comes in and says, 'Let us have a drink,' and before you know it you are standing up talking, and my feet get so *&^*&^^  tired it almost kills me. I am 44 years, 3 months, and 27 days old, and if I get killed now I have the satisfaction of knowing I have lived about fifteen ordinary lives.

Horn was in fact arrested outside of the Inter-Ocean.

The hotel had been built by Barney Ford, a businessman who had been born a slave, a status that he escaped from.  His father was the white plantation owners where his black mother was enslaved.  After escaping he lived an adventuresome life and rose to great wealth in Colorado.

He apparently liked the name "Inter-Ocean" as he built another hotel in Denver's 16th Street by that name.  Like the Cheyenne hotel, it is no longer there, which is a real shame as funky buildings like this are all the rage in Denver now..

Denver's Inter-Ocean

1916  Sunday State Leader for December 17, 1916: Measles killing Guardsmen at Deming.

Not the only news of the day, but two Arkansas Guardsmen died from the measles at Deming, New Mexico, news that surely worried Wyomingites with family members serving in the Guard at Deming.

William F. Cody  was reported very ill at his sister's house in Denver.

And death claimed the life of a former Rough Rider living in the state as well.

The State Health Officer reported, in cheerier news, on the state's healthful climate.

1916  Carranza rejects the protocol

 

We've run a lot of newspaper articles on the negotiations between the United States and Mexico, or perhaps more accurately between the United States and the Constitutionalist government of Mexico lead by Venustiano Carranza

 Carranza

On this day he ended the doubt, he refused to sign it.

Carranza was a tough minded individual.  He never liked Woodrow Wilson and he had a grudge against the United States.  Irrespective of what may seem to be the advantages of the proposals that were made, he wouldn't agree.

And he never did.  Carranza never executed a protocol with the United States.

By this point the United States clearly wanted out of Mexico.  The intervention had bogged down to an uneasy occupation since the summer and was going nowhere.  Carranza guessed correctly that the United States would be leaving no matter what, although that did not mean that the US would be passive in protecting its interests.

1918  The USS Cheyenne, formerly the USS Wyoming, but renamed due the later battleship being assigned that name, assigned to Division I, American Patrol Division.

1918  December 17, 1918. No Booze for Soldiers. No Booze for Coloradans, No Booze for Montanans. Villa ponders attack

Up until at least the Korean War, if not the Vietnam War, a deficit of clothing meant that discharged soldiers often wore their uniforms after a time following their discharge.  That was very much the case after World War One and World War Two.  Here, the Federal Government was concerned about discharged soldiers drinking in uniform.

In the popular imagination, Prohibition was forced on an unwilling nation by a bunch of silly temperance women who didn't realize that America was a drinking nation.  That version of the story is very far from true.

The Cheyenne State Leader was reporting that Montana would go dry on December 30.  1918 was to be Montana's last "wet" year.  Villa, the paper also reported, was up to no good.

In reality, Prohibition was a hugely popular movement and was gaining ground in the states prior to it become Federal law.  By this date in 1918, Colorado had gone "bone dry" and Montana was about to.

Not all was bleak. One of the Casper papers was reporting that American soldiers still preferred American girls.  Those American soldiers would be bringing home quite a few French brides and even a few Russian ones.  Of course, the report here did contain some bad news for American women.  Some of the soldiers were reporting pretty favorably on les femmes Francais.

So Prohibition was really arriving in the individual states prior to the Volstead Act making it the law of the land and prior to any Constitutional amendment requiring it.  When Prohibition was repealed, it meant that each state that had laws on the books had to revisit those laws if it wanted to likewise repeal Prohibition in their state, which serves as a lesson in rushing to amend laws to comport with what seems to be a national development.  That allowed those states a breather to adapt to the new situation, which in the case of Wyoming it very much took, phasing drinking back in over a period of years.

1919 

Vernon Baker born in Cheyenne.  Baker is a recipient of the Congressional Medal of Honor for his actions in combat in World War Two, with his citation reading as follows:

For extraordinary heroism in action on 5 and 6 April 1945, near Viareggio, Italy. Then Second Lieutenant Baker demonstrated outstanding courage and leadership in destroying enemy installations, personnel, and equipment during his company's attack against a strongly entrenched enemy in mountainous terrain. When his company was stopped by the concentration of fire from several machine gun emplacements, he crawled to one position and destroyed it, killing three Germans. Continuing forward, he attacked an enemy observation post and killed two occupants. With the aid of one of his men, Lieutenant Baker attacked two more machine gun nests, killing or wounding the four enemy soldiers occupying these positions. He then covered the evacuation of the wounded personnel of his company by occupying an exposed position and drawing the enemy's fire. On the following night Lieutenant Baker voluntarily led a battalion advance through enemy mine fields and heavy fire toward the division objective. Second Lieutenant Baker's fighting spirit and daring leadership were an inspiration to his men and exemplify the highest traditions of the Armed Forces.

Baker had a rough start in life when his parents died while he was still young.  Partially raised by his grandparents, he learned how to hunt from his grandfather in order to put meat on the table.  Entering the Army during World War Two, he made the Army a career and retired in 1968 as a First Lieutenant, his rank at that time reflecting force reductions following World War Two.  He retired to Idaho where he chose to live as he was an avid hunter, and he died there in 2010.  Baker is a significant figure from Wyoming not only because he won the Congressional Medal of Honor, but because he was part of Wyoming's small African American community.

1985  Alan B. Johnson received his commission as a Federal Judge for the District of Wyoming.

2003  Wyoming filed a petition to delist the Prebbles Jumping Mouse from the Endangered Species List.

December 6

1866   Colonel Henry B. Carrington and Captain William J. Fetterman surrounded by Sioux and Cheyenne warriors and engaged them briefly, before being able to return to Ft. Phil Kearny.

1869  A bill on territorial suffrage was amended before passage to grant the franchise at age 21, as opposed to 18.

1886 Joyce Kilmer, American poet, author of Trees, born. He was killed while serving in the US Army in World War One, in 1918.

 I THINK that I shall never see
A poem lovely as a tree.

A tree whose hungry mouth is prest
Against the sweet earth's flowing breast;

A tree that looks at God all day,
And lifts her leafy arms to pray;

A tree that may in summer wear
A nest of robins in her hair;

Upon whose bosom snow has lain;
Who intimately lives with rain.

Poems are made by fools like me,
But only God can make a tree.

1904  President Roosevelt, in his annual address to Congress, issued the Roosevelt Corollary to the Monroe Doctrine, stating:

All that this country desires is to see the neighboring countries stable, orderly, and prosperous. Any country whose people conduct themselves well can count upon our hearty friendship. If a nation shows that it knows how to act with reasonable efficiency and decency in social and political matters, if it keeps order and pays its obligations, it need fear no interference from the United States. Chronic wrongdoing, or an impotence which results in a general loosening of the ties of civilized society, may in America, as elsewhere, ultimately require intervention by some civilized nation, and in the Western Hemisphere the adherence of the United States to the Monroe Doctrine may force the United States, however reluctantly, in flagrant cases of such wrongdoing or impotence, to the exercise of an international police power.

1916  Wyoming v. Colorado, dealing with apportionment of water from the Laramie River, argued in front of the United States Supreme Court.  It would be re argued twice and decided in 1922.

1916  Cheyenne State Leader for December 6, 1916: Wyoming Guardsmen in New Mexico had turkey for Thanksgiving 

Yes, there was other news than the turkey in New Mexico, but the Leader was following the Guard in New Mexico, which no doubt a lot of Wyomingites were very interested in.

1918  December 6, 1918. Crossing the Rhine, Crossing the Atlantic, Crossing the English Channel, Villa back, U.S. ponders getting even with Mexico, Caspar Collins a tank, German Crown Prince Nervous, Billings girl suggests Black Crows wrong.

American soldiers crossing the Rhine by Ferry, December 6, 1918.

American soldier in France registering as he board a ship back to the United States.  Note the soldier on the left wearing the heavy mackinaw.

African American troops in England gather to board ships back to the United States.  December 6, 1918.  Some of these soldiers appear to be wearing trench coats which would indicate that they are officers (there were black units with black officers in World War One), or that they have received British issue.  The woman with the basket is helping hand out wheat and chocolate Red Cross candy bars.

American soldiers from units assigned to the British Expeditionary Force on post war leave in England.  December 6, 1918.

 Newpaper reaaders in Casper learned that the late Lt. Caspar Collins might have a tank named after him, although the message that naming a tank after a soldier who became separated from his support in combat could have been questioned.

 A "Pretty Young Woman" in Billings and Northern Wyoming suggest that yes, you do need money even if "you look like that".

Laramie readers learned that there was a move afoot to boycott Mexican oil to teach "Germanized" Mexico a lesson.

1919  December 6, 1919. Rumors of War.

Germany had failed to comply with all of the provisions of the Versailles Treaty by this date, and as a result, a protocol was issued addressing it, and the German government asked to sign it.  To this date, they had not.

Here's what the protocol stated:

At the moment of proceeding to the first deposit of ratifications of the Treaty of Peace, it is placed on record that the following obligations, which Germany had undertaken to execute by the Armistice Conventions and supplementary Agreements, have not been executed or have not been completely fulfilled:  

(1) Armistice Convention of November 11,1918/5 Clause VII; obligation to deliver 5,000 locomotives and 150,000 wagons. 42 locomotives and 4,460 wagons are still to be delivered;
(2) Armistice Convention of November 11, 1918, Clause XII; obligation to withdraw the German troops in Russian territory within the frontiers of Germany, as soon as the' Allies shall think the moment suitable. The withdrawal of these troops has not been effected, despite the reiterated instructions of August 27, September 27 and October 10, 1919;
(3) Armistice Convention of November 11,1918, Clause XIV; obligation to cease at once all requisitions, seizures or coercive measures in Russian territory. The German troops have continued to have recourse to such measures;
(4) Armistice Convention of November 11, 1918, Clause XIX; obligation to return immediately all documents, specie, stocks, shares, paper money, together with plant for the issue thereof, affecting public or private interests in the invaded countries. The complete lists of specie and securities carried off, collected or confiscated by the Germans in the invaded countries have not been supplied;
(5) Armistice Convention of November 11, 1918, Clause XXII; obligation to surrender all German submarines. Destruction of the German submarine U.C. 48 off Ferrol by order of her German commander, and destruction in the North Sea of certain submarines proceeding to England for surrender;
(6) Armistice Convention of November 11, 1918, Clause XXIII; obligation to maintain in Allied ports the German ~arships designated by the Allied and Associated Powers, these ships being intended to be ultimately handedover. Clause XXXI; obligation not to destroy any ship before delivery. Destruction of the said ships at Scapa Flow on June 21, 1919;
(7) Protocol of December 17, 1918, Annex to the Armistice Convention of December 13, 1918; obligation to restore the works of art and artistic documents carried off in France and Belgium. All the works of art removed into the unoccupied parts of Germany have not been restored;
(8) Armistice Convention of January 16, 1919/6 Clause III and Protocol 392/1 Additional Clause III of July 25, 1919; obligation to hand over agricultural machinery in the place of the supplementary railway material provided for in Tables 1 and 2 annexed to the Protocol of Spa of December 17, 1918. The following machines had not been delivered on the stipulated date of October 1, 1919. 40 "Heucke" steam plough outfits; all the cultivators for the outfits; all the spades; 1,500 shovels; 1,130 T.F. 23/26 ploughs; 1,765 T.F. 18/21 ploughs; 1,512 T.F. 23/26 ploughs; 629 T.F. 0 m. 20 Brabant ploughs; 1,205 T.F.o m. 26 Brabant ploughs; 4,282 harrows of 2 k. 500; 2,157 steel cultivators; 966 2 m. 50 manure distributors; 1,608 3 m. 50 manure distributors;
(9) Armistice Convention of January 16, 1919, Clause VI; obligation to restore the industrial material carried off from French and Belgian territory. All this material has not been restored;
(10) Convention of January 16,1919, Clause VIII; obligation to place the German merchant fleet under the control of the Allied and Associated Powers. A certain number of ships whose delivery had been demanded under this clause have not yet been handed over;
(11) Protocols of the Conferences of Brussels of March 13 and 14, 1919; obligation not to export war material of all kinds. Exportation of aeronautical material to Sweden, Holland and Denmark.  

A certain number of the above provisions which have not been executed or have not been executed in full have been renewed by the Treaty of June 28, 1919, whose coming into force will ipso facto render the sanctions there provided applicable. This applies particularly to the various measures to be taken on account of reparation.
Further, the question of the evacuation of the Baltic provinces has been the subject of an exchange of notes and of decisions which are being carried out. The Allied and Associated Powers expressly confirming the contents of their notes, Germany by the present Protocol undertakes to continue to execute them faithfully and strictly.
Finally, as the Allied and Associated Powers could not allow to p'ass without penalty the other failures to execute the Armistice Conventions and violations so serious as the destruction of the German fleet at Scapa Flow, the destruction of U.C. 48 off Ferrol and the destruction in the North Sea of certain submarines on their way to England for surrender, Germany undertakes:
(1) A. To hand over as reparation for the destruction of the German fleet at Scapa Flow: .
(a) Within 60 days from the date of the signature of the present Protocol and in the conditions laid down in the second paragraph of Article 185 of the Treaty of Peace the five following light cruisers:  

Konigsberg,
Pillau,
Graudenz,
Regensburg,
Strassburg.  

(b) Within 90 days from the date of the signature of the present Protocol, and in good condition and ready for service in every respect, such a number of floating docks, floating cranes, tugs and dredgers, equivalent to a total displacement of 400,000 tons, as the Principal Allied and Associated Powers may require. As regards the docks, the lifting power will be considered as the displacement. In the number of docks referred to above there will be about 75 per cent. of docks over 10,000 tons. The whole of this material will be handed over on the spot;  

B. To deliver within 10 days from the signature of the present Protocol a complete list of all floating docks, floating cranes, tugs and dredgers which are German property. This list, which will be delivered to the Naval Inter Allied Commission of Control referred to in Article 209 of the Treaty of Peace, will specify the material which on November 11, 1918, belonged to the German Government or in which the German Government had at that date an important interest; 

C. The officers and men who formed the crews of the warships sunk at Scapa Flow and who are at present detained by the Principal Allied and Associated Powers will, with the exception of those whose surrender is provided for by Article 228 of the Treaty of Peace, be repatriated at latest when Germany has carried out the provisions of Paragraphs A. and B. above;  

D. The destroyer B. 98 will be considered as one of the 42 destroyers whose delivery is provided for by Article 185 of the Treaty of Peace;  

(2) To hand over within 10 days from the signature of the present Protocol the engines and motors of the submarines U. 137 and U. 138 as compensation for the destruction of U.C. 48;  

(3) To pay to the Allied and Associated Governments before January 31, 1920, the value of the aeronautical material exported, in accordance with the decision which will be given and the valuation which will be made and notified by the Aeronautical Inter-Allied Commission of Control referred to in Article 210 of the Treaty of Peace. In the event of Germany not fulfilling these obligations within the periods laid down above, the Allied and Associated Powers reserve the right to take all military or other measures of coercion which they may consider appropriate.

There Versailles Treaty was complicated to start with, and things clearly hadn't been going smoothly in Germany.  The question now was what to do about it, and the threatened solution was military.

This of course followed the ongoing difficulties with Mexico.  The U.S., for its part, hadn't signed the Versailles Treaty, but it still had troops on occupation duty in the country.

Rumors of war were definitely not going away.  It would be enough to make a person want to curl up with a good book and forget the news of the day.

1929  Fort D.A. Russell renamed Fort F.E Warren after the late Wyoming Senator F. E. Warren.

1941  Wyoming Senator Harry Schwartz stated that war with Japan was unlikely.  Given the state of relations between the United States and Japan, which were strained to the limit, and in which the Federal government regarded war as likely to break out at any time, Schwartz's opinion seems more than a little optimistic, although he certainly wasn't the only one to hold it.  Attribution:  Wyoming State Historical Society.

1941  President Roosevelt sent a telegram to Emperor Hirohito reading:

Almost a century ago the President of the United States addressed to the Emperor of Japan a message extending an offer of friendship of the people of the United States to the people of Japan. That offer was accepted, and in the long period of unbroken peace and friendship which has followed, our respective nations, through the virtues of their peoples and the wisdom of their rulers have prospered and have substantially helped humanity.

Only in situations of extraordinary importance to our two countries need I address to Your Majesty messages on matters of state. I feel I should now so address you because of the deep and far-reaching emergency which appears to be in formation.

Developments are occurring in the Pacific area which threaten to deprive each of our nations and all humanity of the beneficial influence of the long peace between our two countries. These developments contain tragic possibilities.

The people of the United States, believing in peace and in the right of nations to live and let lives have eagerly watched the conversations between our two Governments during these past months. We have hoped for a termination of the present conflict between Japan and China. We have hoped that a peace of the Pacific could be consummated in such a way that nationalities of many diverse peoples could exist side by side without fear of invasion; that unbearable burdens of armaments could be lifted for them all; and that all peoples would resume commerce without discrimination against or in favor of any nation.

I am certain that it will be clear to Your Majesty, as it is to me, that in seeking these great objectives both Japan and the United States should agree to eliminate any form of military threat. This seemed essential to the attainment of the high objectives.
More than a year ago Your Majesty's Government concluded an agreement with the Vichy Government by which five or six thousand Japanese troops were permitted to enter into Northern French Indochina for the protection of Japanese troops which were operating against China further north. And this Spring and Summer the Vichy Government permitted further Japanese military forces to enter into Southern French Indochina for the common defense of French Indochina. I think I am correct in saying that no attack has been made upon Indochina, nor that any has been contemplated.

During the past few weeks it has become clear to the world that Japanese military, naval and air forces have been sent to Southern Indo-China in such large numbers as to create a reasonable doubt on the part of other nations that this continuing concentration in Indochina is not defensive in its character.

Because these continuing concentrations in Indo-China have reached such large proportions and because they extend now to the southeast and the southwest corners of that Peninsula, it is only reasonable that the people of the Philippines, of the hundreds of Islands of the East Indies, of Malaya and of Thailand itself are asking themselves whether these forces of Japan are preparing or intending to make attack in one or more of these many directions.

I am sure that Your Majesty will understand that the fear of all these peoples is a legitimate fear in as much as it involves their peace and their national existence. I am sure that Your Majesty will understand why the people of the United States in such large numbers look askance at the establishment of military, naval and air bases manned and equipped so greatly as to constitute armed forces capable of measures of offense.

It is clear that a continuance of such a situation is unthinkable. None of the peoples whom have spoken of above can sit either indefinitely or permanently on a keg of dynamite.

There is absolutely no thought on the part of the United States of invading Indo-China if every Japanese soldier or sailor were to be withdrawn therefrom.

I think that we can obtain the same assurance from the Governments of the East Indies, the Governments of Malaya and. the Government of Thailand. I would even undertake to ask for the same assurance on the part of the Government of China. Thus a withdrawal of the Japanese forces from Indo-China would result in the assurance of peace throughout the whole of the South Pacific area.

I address myself to Your Majesty at this moment in the fervent hope that Your Majesty may, as I am doing, give thought in this definite emergency to ways of dispelling the dark clouds. I am confident that both of us, for the sake of the peoples not only of our own great countries but for the sake of humanity in neighboring territories, have a sacred duty to restore traditional amity and prevent further death and destruction in the world.

1973 Gerald R. Ford was sworn in as vice president.

November 25

1867  Fifty three cans of cranberries reported stored at Fort Bridger.  Attribution, Wyoming State Historical Association calendar.

1876.  The Dull Knife Battle.  Col. Ranald S. Mackenzie, 4th U.S. Cavalry, in command of Company K, 2nd U.S. Cavalry, Company H and K, 3rd U.S. Cavalry, Company B, D, E, F, I, and M, 4th U.S. Cavalry, Company H and L, 5th U.S. Cavalry and accompanied by a large contingent of Pawnees, together Arapaho and even Lakota scouts, surprises the Big Horn mountain camp of Cheyennes under Dull Knife.  Sometimes regarded as a somewhat unwarranted attack, Dull Knife's band had been at war with the US during the proceeding summer, and they had recently attacked and defeated a band of Shoshone.  Mackenzie's attack did not succeed in taking the camp whole, but it did succeed in eventually driving the Cheyenne out of it, who lost a great number of villagers in the frozen retreat thereafter.  A large number of the ultimate dead were the old and very young.  The attack is remarkable for having occurred in horrific climatic conditions..  That is, below 0 weather, snow, and high winds.  

Mackenzie is a figure who tends to be much less remembered, in the popular imagination, than other Indian War Army commanders, but he was actually one of the most effective, and consistently so.  He was the son of a career U.S. Navy officer who had risen to the rank of Commodore and his family was very well connected in the military and in politics.  Ranald Mackenzie graduated from West Point in 1862 and immediately entered into an Army career with, of course, the Civil War raging at that time.  During the war he rose to the rank of Brigadier General.  He was briefly mustered out of the service at the end of the Civil War but brought back in during Reconstruction as a Major General.  He thereafter reverted to his permanent rank of Captain.  During the Indian Wars he demonstrated tactical and field command brilliance, commanding both infantry and cavalry, as well as black and white troops.  During this period he rose back up the rank of Brigadier General.

Unfortunately, he began to decline mentally by the 1870s which was manifesting itself as early as the campaign which featured the Dull Knife battle. A poor horseman, he took to the field in terrible conditions with his troops, but in camp he was already demonstrating signs of mental instability and severe depression.  He was ultimately discharged for insanity in 1884, just three years after he had purchased a ranch in Texas and had become engaged.  He died in 1889 at just 48 years of age.  The source of his mental decline is not really known, and remains somewhat debated today, with a possible head injury being one of the suspected causes.

Ranald S. Mackenzie.

The following Congressional Medal of Honor would be awarded for action at The Dull Knife fight:

FORSYTH, THOMAS H:   First Sergeant, Company M, 4th U.S. Cavalry. Place and date: At Powder River, Wyo., 25 November 1876.  Citation: Though dangerously wounded, he maintained his ground with a small party against a largely superior force after his commanding officer had been shot down during a sudden attack and rescued that officer and a comrade from the enemy.

Forsyth was an unusual enlisted man in that he was from a wealthy family and was somewhat a man of means, an unusual circumstance for an enlisted man, let alone a career enlisted man.  He left the service in 1891, the same year he finally received his Congressional Medal of Honor, at which time he had served in the Army for 25 years.  The retirement period for an Army pension at this time was 30 years, go he left earlier than the norm for a full retirement, and I suspect that it may have been a medical retirement, which would also have resulted in a pension.  He held the rank of First Sergeant at the time.  He died in 1908 at age 65.

1889  Scarlet fever caused the public school in Rawlins to be closed.  Courtesy of the Wyoming History Calendar.

1909  Governor B. B. Brooks declared the day to be one of Thanksgiving and Praise.

1916   The Wyoming Tribune for November 25, 1916: Accord reached with Mexico?
 

An accord was signed with Mexico. . . but that might not quite mean what it seems. . . .

The Cheyenne Leader for November 25, 1916: Peace breaking out with Mexico?

 

Big news indeed.  The joint commission with Mexico had reached an agreement which should soon see U.S. troops withdrawn from Mexico.

But, before we assume too much, look for the followup post on this topic.

Inez Milholland Boissevain, Suffragist, lawyer, dies on this day in 1916

 

Inez Milholland Boissevain, a truly remarkable personality, died on this day in 1916.  She had campaigned in Cheyenne during the election only shortly before.

Milholland was thirty years old at the time of her death.  She was born into a wealthy family in which her father had been involved in many progressive causes of the era.  She graduated from Vassar in 1909 with the intent to pursue a career in law, which she did do. Receiving rejections from many of the schools she applied to, she graduated from New York University School of Law in 1912.  She was admitted to the bar in 1912 and went to work for Osborne, Lamb, and Garvan where she handled criminal and divorce cases.

She was involved in many of the causes of the era, including obtaining the vote for women and the cause of African Americans.  A pacifist, she traveled to Italy early in World War One to report on the war but was not allowed to travel to the front.

She married Eugen Jan Boissevain in 1913, after knowing him for only a month. The marriage cost her citizenship as Boissevain was Dutch and the law at the time attributed a woman's citizenship to her spouse.  She nonetheless campaigned for the right of women to vote in the United States. She fell ill on a speaking tour in 1916 and died on this day of pernicious anemia.

1918  Pershing and Villa share headlines again. November 25, 1918.

Probably not since the Punitive Expedition wrapped up had John J. Pershing and Francisco "Pancho" Villa appeared on the front page in headlines.

Pershing, still in command of the American Expeditionary Force in Europe, which was going into occupation duty in Germany, showed up as Ohio Republicans were imagining him as a candidate for the 1920 Presidential Election.

The speculation would not prove to be idle. While Pershing would see a major promotion on the horizon elevating him in 1919 to the rank of General of the Armies of the United States, a rank higher than that occupied by any other U.S. officer during his own lifetime, Pershing did somewhat entertain the move.  He later announced that he would not campaign for the office, but he wouldn't decline it if offered either, sort of splitting the Shermanesque position that is so famously quoted. As luck would have it, however, Gen. Leonard Wood, well regarded in Republican circles, and not beholden for career success to a Democratic President, as Pershing was, would be the martial early favorite before his campaigned flamed out in favor of Warren G. Harding.

The presence of Villa on the front page should give the reader now, and should have then, some pause in regard to the Pershing boosterism.  How successful of a general was he really?  He's come down in history as a major American military success but the record is frankly rather thin on that.  Prior to the Great War he had been a very successful combat officer in the Philippines, but he wasn't the only one and that was, after all, an ongoing, embarrassing, low grade guerrilla war.  That doesn't mean that Pershing was bad at it, but guerrilla wars aren't usually major conflicts, and the Philippine Insurrection, while it started off as one from the American prospective, really wasn't by the end.

That wasn't Pershing's first combat command, indeed he saw service in the late stages of the Indian Wars and he'd commended troops in the field in Cuba during the Spanish American War.  But none of those events had really raised him to prominence.  It would take the Punitive Expedition to do that.  But how well did he do, really?

Well, a person can debate it.  He kept the American effort going and it didn't cost a lot of American lives.  It also did not capture Villa, or put him out of commission, which had been its singular goal.  Late in the expedition he made recommendations that would have undoubtedly have caused a major escalation of the war which would have almost certainly converted it from a border conflict into a full blown war with Mexico.  We could have won that, surely, but it would have put us in the position of occupying a hostile revolutionary Mexico which was proving difficult for its own successive governments to manage.  That effort would have likely have been so taxing on the United States that our later participation in World War One may very well not have occurred, which in turn may very well have meant that Germany's 1917 and 1918 efforts would have paid off and Imperial Germany emerged the victor.

Pershing can't be faulted for not seeing that far forward, but he can be for not realizing that a small police action shouldn't risk being expanded into a full blown war.  And in regard to his suitability for national leadership, that's important.

Of course those boosting Pershing were thinking of his hero status that came about due to the Great War.  But here too, real questions can be raised.  Americans have believed since the very onset that Pershing was absolutely correct in keeping the U.S. Army out of action until it could be committed as a singular large command, but the evidence shows that this is somewhat of a myth and, moreover, the AEF was not really well commanded in some regards.  In reality American troops started to go into action under French and British control both in order to get combat experience and because the German 1918 Spring Offensive required the deployment of American troops in defense actions. They did well but when counterattacks began American troops took horrendous casualties in part because they were so green but in part because the American military steadfastly refused to accept lessons from the French and the British regarding the circumstances of 1918 European combat.  American military efforts were successful, but at huge and at least partially unnecessary cost and at least one American offensive, the St. Mihel Offensive, was unnecessary yet conducted at American insistence.  When the Germans began to break in 1918 they were impressed with the recklessness of American operations and the individual American fighting man, but at the same time its notable that the French and the British were advancing with less loss.  Moreover, Pershing was one of the generals, although certainly not the only one, who insisted that combat continue right up until the last minute of the war, something which at least now appears to be not only a miscalculation but perhaps a bit more than that.

All in all, retrospectively, Pershing's record is pretty mixed and open to question.  Nothing really existed to suggest that he would have been a good President.  In the end, the GOP didn't decide to run him.

November 1

November is Aviation History Month.

November 27, 2017

National Aviation History Month

Somehow I managed to miss the fact that November is National Aviation History Month.

Something that would have fit in well as a topic here on our blog.

Well, at least there's a little November left anyhow.

It's also the Month of the Holy Souls In Purgatory in Catholic tradition.

Today is All Saints Day.

1620 Mayflower Compact signed, albeit by a minority of those who traveled over.

1835 Texans begin siege of San Antonio.

1866  William J. Fetterman arrives at Ft. Phil Kearney.

1886  First snowfall of what would prove to be a disastrous winter. Attribution.  Wyoming State Archives.

1904     Army War College opens, with Capt. John J. Pershing in the first class.  Pershing's father in law was U.S. Sen. Francis E. Warren of Cheyenne.

1911  The Wyoming General Hospital opens in Casper, Wyoming.  The hospital remains open today, in different quarters, as the Wyoming Medical Center.

1916   The Laramie Republican for November 1, 1916: Villa again, and the Marina
 

Similar news to that of the Wyoming Tribune, but less dramatic.

The Wyoming Tribune for November 1, 1916. Villa resurgant, land sales questioned

 

By this date in 1916, it looked to be the case that Villa, who had been down and out just this past March, was resurgent.

And the sale of public land was being questioned.

And of course the drama and tragedy of World War One continued on.

1919  A contingent of the 15th Cavalry under the command of Major Warren Dean arrived at Ft. Mackenzie from Ft. D. A. Russell in order to deal with labor strife at Carneyville, near Sheridan.

Today In Wyoming's History: November 1, 1919: Labor Strike and Reaction visits Wyoming.

On this day in 1919.

Today In Wyoming's History: November 1: 

1919  A contingent of the 15th Cavalry under the command of Major Warren Dean arrived at Ft. Mackenzie from Ft. D. A. Russell in order to deal with labor strife at Carneyville, near Sheridan.

It was a year for labor strife, and that strife was looking like it was going to visit Wyoming.  The strike itself was a nationwide coal strike.

At the time, a coal strike threatened the entire nation's well being. Everything from industry to home heat depended on coal.  And coal was a significant industry in Wyoming then, as now.

That other significant industry in the state in 1919, agriculture, celebrated the outdoor life in its December 1919 issue.

What was being shown on the cover wasn't really a very good idea.

1940  The 115th Cavalry Regiment, Wyoming National Guard, re-designated the115th Cavalry Regiment (Horse Mechanized).  The change in designation came about as a reflection in a de facto change in the TOE of the unit, which was made into a new category in the Army.  Horse Mechanized was a late horse cavalry era effort to incorporate motorization within the horse mounted units. While no horse mechanized unit ever saw action in the U.S. Army during World War Two, the concept was not far from what was actually employed by the Soviet Union during the war.

The 115th Cavalry had a very good reputation early in its mobilization period, and was highly praised by Lucien Truscott, the World War Two general, in his book Twilight of the Cavalry.

1943  The War Housing Administration met with residents of Green  River about upcoming housing projects.  Attribution:  Wyoming State Historical Society.

1957  A blizzard featuring ice storms, a relatively rare event in Wyoming, commenced.

1995  A major winter storm closed highways.

2000 A blizzard in northeastern Wyoming brought down power lines in the area.

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.