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Since the days of the wild West, Montanans have struggled to be "tough on crime" with limited resources. During Montana’s early territorial years, "criminal justice" was almost nonexistent: a few towns had inadequate and chronically overcrowded jails; occasional prisoners were sent east to the federal penitentiary in Detroit; and vigilantes summarily dealt with others suspected of crimes. In 1871, the federal government funded a penitentiary in Deer Lodge that was turned over to Montana when it achieved statehood in 1889. In this absorbing book, Keith Edgerton provides a social history of the Montana Penitentiary, with a primary focus on its early, formative years. After statehood, Montana leased its penitentiary to contractors, who utilized cheap inmate labor to turn a profit for themselves and for the state. Warden Frank Conley became a regional political boss and amassed a personal fortune, using inmates for road construction and a variety of public and private projects. Eventually, charges of corruption led to his ouster by Governor Joseph M. Dixon and sparked a trial and heated controversy that resulted in Dixon’s political downfall. After 1921 the prison system came under full control of the state government. Although there were changes at the penitentiary during the rest of the twentieth century--and two full-scale riots in the 1950s--there was also a depressing repetition of corruption, neglect, and underfunding.
An introduction to the geography, history, government, politics, economy, resources, people, and culture of Montana, including maps, charts, and a recipe.
A history and legal analysis of vigilantism in Montana in the 1860s, from a state Supreme Court justice and legal historian. Historians and novelists alike have described the vigilantism that took root in the gold-mining communities of Montana in the mid-1860s, but Mark C. Dillon is the first to examine the subject through the prism of American legal history, considering the state of criminal justice and law enforcement in the western territories and also trial procedures, gubernatorial politics, legislative enactments, and constitutional rights. Using newspaper articles, diaries, letters, biographies, invoices, and books that speak to the compelling history of Montana’s vigilantism in the 1860s, Dillon examines the conduct of the vigilantes in the context of the due process norms of the time. He implicates the influence of lawyers and judges who, like their non-lawyer counterparts, shaped history during the rush to earn fortunes in gold. Dillon’s perspective as a state Supreme Court justice and legal historian uniquely illuminates the intersection of territorial politics, constitutional issues, corrupt law enforcement, and the basic need of citizenry for social order. This readable and well-directed analysis of the social and legal context that contributed to the rise of Montana vigilante groups will be of interest to scholars and general readers interested in Western history, law, and criminal justice for years to come. “[Justice Dillon’s] book reads like a Western. Dillon masterfully sets the stage for the rise of the Montana vigilantes by bringing alive the people who created and lived in [mining] towns. There are heroes, villains, shady characters, and more than a few politicians, businessmen, lawyers and judges. What sets Dillon’s book apart from historical texts and fictional tales is that he provides legal analyses and explanations of the trials, sentences, due process and procedures of the day . . . And shed[s] grisly light on the details of the hangings. Dillon’s unique background as an attorney and judge and his downright dogged research are what makes this complex story so engaging. The prose is clear, crisp and gets to the point. . . . The book is satisfying because it answers contemporary nagging questions about the law regarding the vigilantes and the hangings.” —Gregory Zenon, Brooklyn Barrister “Dillon’s analysis of the vigilantes of Bannack, Alder Gulch, and Helena in Montana Territory is the most detailed, insightful, and legally nuanced yet produced. . . . This book is a model for historians to follow when dealing with 19th-century criminal proceedings. Establishing historical context includes examining the laws in books as well as the law in action.” —Gordon Morris Bakken, Great Plains Research
Explore the controversial legal history of the formation of the United States Prestatehood Legal Materials is your one-stop guide to the history and development of law in the U.S. and the change from territory to statehood. Unprecedented in its coverage of territorial government, this book identifies a wide range of available resources from each state to reveal the underlying legal principles that helped form the United States. In this unique publication, a state expert compiles each chapter using his or her own style, culminating in a diverse sourcebook that is interesting as well as informative. In Prestatehood Legal Materials, you will find bibliographies, references, and discussion on a varied list of source materials, including: state codes drafted by Congress county, state, and national archives journals and digests state and federal reports, citations, surveys, and studies books, manuscripts, papers, speeches, and theses town and city records and documents Web sites to help your search for more information and more Prestatehood Legal Materials provides you with brief overviews of state histories from colonization to acceptance into the United States. In this book, you will see how foreign countries controlled the laws of these territories and how these states eventually broke away to govern themselves. The text also covers the legal issues with Native Americans, inter-state and the Mexico and Canadian borders, and the development of the executive, legislative, and judicial branches of state government. This guide focuses on materials that are readily available to historians, political scientists, legal scholars, and researchers. Resources that assist in locating not-so-easily accessible materials are also covered. Special sections focus on the legal resources of colonial New York City and Washington, DC—which is still technically in its prestatehood stage. Due to the enormity of this project, the editor of Prestatehood Legal Materials created a Web page where updates, corrections, additions and more will be posted.