Frontier Justice 2000 Overview

October 19-21, 2000
Buffalo Bill Historical Center

The Frontier Justice Symposium , a partnership between the Buffalo Bill Historical Center and the University of Wyoming, brought several nationally prominent presenters to Cody. The law-related topics share roots in the frontier but are still highly significant today, making apparent that the sometimes tumultuous relationship between the West and the Federal government is long standing. The perspectives and aims of individuals, states, and tribes are permanently intertwined through past decisions, laws and actions of the Federal Government affecting the future of the West.

The United States Supreme Court Historical Society served as Honorary Sponsor of the symposium. The Wyoming Supreme Court held session in Cody prior to the Thursday afternoon session. David Pride, Executive Director of the Society, attended the sessions and participated in the discussions.

The topics for Frontier Justice included American Indian Rights, Ranching and Land Use, The Military and the West, and Law Enforcement and Violence.

The ongoing struggle for Native sovereignty has been a topical issue since American Indian and Europeans first came into contact with each other. The presenters at the American Indian Rights session spoke about disputes over aboriginal land and resource rights, and the successes and failures that have marked this evolving relationship. The rise of casinos on a few reservations are seen as economic salvation by some, and yet a new area of controversy by others. As tribes become more adept at using United States law and have the resources to pursue their claims, issues of sovereignty will move to the forefront of American political and cultural discussion.

The session that warranted a great deal of attention dealt with the issues of grazing, resources and the environment among ranchers and public land users. The four-member Ranching and Land Use panel, representing perspectives of law, business, history and agriculture, addressed different contentious issues relating to land use and control.

As would be expected, the perspectives offered on the issues were varied. One position called for the prohibition of grazing on blocks of fragile, arid lands administered by the Bureau of Land Management. The continued intrusion of nonnative species and the dewatering of streams on these delicate lands could bring irreversible vegetation depletion to these delicate natural habitats of diverse plant and animal life.

The disparate opinion argued that cattlemen have learned sound grazing practices through trial and error. In the 1880s, an overcrowded beef market led to overgrazing and a depleted winter range, yielding disaster in the extremely severe winter of 1886-1887. Such mistakes have taught ranchers to limit the number of head and to provide for winter feed and water. This viewpoint also argued that grazing on public lands should be maintained for economic and cultural reasons, and as a means to preserve open spaces. The opposing side disputes that claim, showing that public lands grazing makes a very small contribution to the economy, and ranching is a lifestyle choice, no longer a business for large monetary gain.

As in the past, the issue of public land use still manages to fuel emotions, but with forums such as the Frontier Justice Symposium and the wealth of data on the subject, most felt that the ability to find compromise is viable.

History and military enthusiasts were enlightened on dealings between the law, the government and its effect on private citizens during The Military and the West. The audience learned about the origins of Prohibition, its federal, military and local enforcement, bootlegging and big-time official corruption in the small towns of 1920s Wyoming. Participants had a glimpse of the past through outrageous characters and events that have led to today's policy and laws. The audience learned about life and the law in frontier outposts, military bases and towns throughout the West, and how these past events tie in with the effect of modern military technology on the new West.

Law Enforcement and Violence panelists looked at the the typically violent battle between the outlaws and the legal forces of the early West. There was a definite reason why outlaws, such as the Dalton Brothers, had the upper hand over county sheriffs and U.S. Marshals - expertise with firearms.

The ruthless outlaws of the West were expert marksmen who really did "live by the gun." Typically lawmen were unorganized and untrained amateurs working in newly formed territories that lacked jurisdiction. Ironically, many outlaws were former deputy marshals who decided they made a better living breaking the law than upholding it. Frank Dalton was a deputy marshal, who was killed in action and has an honored place in the U.S. Marshals Service.

The inequality between the two factions of the outlaw and law enforcement was often filled by common citizens who pursued an equally ruthless form of justice- the vigilantes. By the early 1900s, families were establishing themselves in communities, and law enforcement was finally able to take control in Wyoming. The days of the powerful cattle baron and freewheeling outlaw were quickly coming to a close, and the rule of vigilante justice was vanishing from Wyoming.

These controversial and very current topics may serve as a focus for future Frontier Justice Symposia in the coming years.

The symposium audience was privileged to hear three outstanding keynote speakers, Griffin Bell, Drew Lewis and Alan K. Simpson. Who offered listeners their observances, experiences and perspectives from lives and careers in the forefront of the American legal, political and business sectors.

Sponsorship

BBHC and the University of Wyoming Law School were co-sponsors of this program. The Historical Center thanks the Supreme Court Historical Society for its support as a honorary sponsor.

Cody Institute For Western American Studies

This conference was organized with a vision for the future, taking into account the rich culture and history of Western America's past, blending together a study of the law, history and economics as each will prescribe activity, and is designed for the law practitioner, historian, and businessperson.

The 2000 Sessions:

American Indian Rights

Moderator - Lindsay Robertson, Dean, Center for Native American Indian Law & Policy Center, University of Oklahoma, College of Law

Panelists:

• Rennard Strickland, Dean, University of Oregon Law School
• Kevin Washburn, General Counsel, National Indian Gaming Commission
• Susan Williams, Attorney, Williams, Janov & Cooney of Albuquerque, NM

Ranching and Public Land Use

Moderator - B. Byron Price, Executive Director of the Buffalo Bill Historical Center

Panelists:

• Lois J. Schiffer, Assistant Attorney General for Environment and Natural Resources, U.S. Department of Justice
• Charles "Chuck" Schroeder, CEO, National Cattlemen's Association
• Wallace Johnson, former Assistant Attorney General, Land and Natural Resources Division, U.S. Department of Justice
• Debra L. Donahue, Professor, University of Wyoming College of Law

The Military in the West

Moderator - Judge Ronald M. Holdaway (Brigadier General), United States Court of Appeals for Veterans Claims

Panelists:

• Robert Gose, former Director of Minute Man Systems for TRW
• Philip J. Roberts, Professor, Department of History, University of Wyoming
• Durwood Ball, Professor, Department of History, University of New Mexico

Law Enforcement and Violence

Moderator - Jerry R. Parkinson, Dean, University of Wyoming College of Law

Panelists:

• Frederick S. "Ted" Calhoun, Author, former Historian, U.S. Marshals Service
• Robert B. Smith, Associate Dean for Academic Affairs, University of Oklahoma College of Law
• John W. Davis, Attorney, author and historian
• Theodore Lauer, Professor, University of Wyoming College of Law

Keynote Speakers

The Honorable Griffin Bell, former United States Attorney General

The Honorable Drew Lewis, retired Chairman Union Pacific Corporation and former Secretary Transportation

The Honorable Alan K. Simpson, former United States Senator, Wyoming

For more information please contact Bob Pickering.

IMAGE:
N.C. Wyeth (1882-1945).
Wild Bill Hickock at Cards, 1916.
Oil on canvas. Loan of Mr. & Mrs. W.D. Weiss.