It is not known for certain that there was a lawyer on the first train to arrive at the Carrington townsite in April 1883. If not on the first train, however, there was one very soon after. As soon as the homesteaders began filing on claims, lots in the townsite purchases and businesses established there was an immediate need for legal services. Among the earliest (1884 ‑1894) were E. W. Camp, Charles L. White, Alton G. Covell, Heber McHugh and S.E. Ellsworth. Camp was appointed States Attorney when the county was officially organized in September 1883. Charles L. White and Heber McHugh ran for the office in the general election in November 1884, the latter won. The County Commissioners allowed him a salary of $400 a year.

None of the above-mentioned men remained permanently in Carrington and all were long since gone at the turn of the century. S.E. Ellsworth remained in Carrington until 1894 when he joined another attorney to practice in Jamestown. Alton G. Covell moved to Sykeston about 1888 where he was postmaster, practiced law and was active in Wells County affairs. A dairy written by Coven has been preserved and excerpts from this diary are included elsewhere.

The early day attorneys did not devote themselves exclusively to the practice of law; they usually had many other profit making interests. They not only "dabbled in real estate" but also formed companies or corporations for the exploitation of the vast amounts of free and railroad land still available at the turn of the century or even later. They also sold all kinds of insurance - life, accident, fire, and hail. Some were abstracters of title and all were active in local and state politics. They devoted much time to local civic and fraternal causes and only too ready to speak or orate at any and all occasions.

All the lawyers got plenty of courtroom practice if the calendars of the yearly sessions of the District Court in the early years of this century are an indication. These sessions usually held in the late winter often listed 30 to 50 cases to be tried before the District Judge. A panel of some 30 jurors, some from each of the townships, would be drawn by lot by the Clerk of Court. Unless excused by the judge all would remain in Carrington at the call of the judge until the session neared its end. These sessions were always an exciting diversion for the townspeople and high school students who often filled the spectators' seats in the courtroom to overflowing.

There was always a wide variety of cases, both civil and criminal at the District Court Session although the former were by far the most numerous.

The amounts involved were often trivial by modern standards. A suit to recover damages of $50 was not uncommon. Suits over the collection of bills, for personal or property damage, quieting the title of property and an occasional divorce were typical civil actions. Criminal suits included such things as selling mortgaged property, illegal sale or manufacture of alcoholic liquors during Prohibition days, and rape once or twice, were tried before an impaneled jury with the states Attorney as prosecutor. The calendar of cases up for trial was published in the Independent a week before the session began. A typical calendar not as long as some was reported in the Independent for February 21, 1918.

Short Term of Court to Begin

Jurors summoned to appear Monday to try few cases ready for settlement

Three State Cases

Some cases will be of general interest but term is much shorter than usual. Not expected to last longer than a week.

Civil Cases

Carl Westerlund vs. G.S. Newberry and the First National Bank

Shore‑Muller Company, a corporation vs. Joe Sandvold, J.S. Daughtman, et al.

Roy Reichert vs. C. W. Reichert

E.R. Bradley vs. the McHenry Telephone Company, a corporation, and J.L. Nicholl, E.J. Harris and S.J. Patterson

H.A. Rindy vs. H.A, and Julie Page

C.K. Wing vs. Thomas White

William Hubert Greenhead vs. Frank Hazlett

F.B. Peik vs. E.T. Halaas

John Foreman vs. Dan Nicholson

Andrew Felt vs. William Turner and M. Turner

J.B. Tweeton vs. H.E. O'Neil and G.W. Grotewald, co‑partners as O'Neil and Grotewald

J.B. Howard vs. E.R. Bradley

Frank Lucht vs. W.F. Beardsley

Walker & Company, a corporation vs. Frank Brown and Wyard Township, a municipal corporation

J.P. Zimmerman vs. H.E. O'Neil

Katherine Johnson vs. Peter Johnson

Farmers and Merchants Bank, a corporation vs. W.E. Hoopes

George F. Fahrer vs. E. Delafield Smith, R.E. Walker and T.N. Putnam

Carl Bostrom vs. Alfred Johnson et al

Hewitt, Lea, Funck and Company, a corporation vs. Hattie J. Wing, executrix of the last will of Charles K. Wing, deceased

Criminal Cases

State of North Dakota vs. H.E. O'Neil

State of North Dakota vs. James Sheeham

State of North Dakota vs. George L. Briner

By the end of the week there had been some action on practically all of the cases, some were continued to be tried at a later date, some were dismissed on motion by one of the attorneys, and some were settled out of court as the time for trial neared.

It will be noted in the calendar that several names appear more than once. These individuals appear again and again over the years: among them were E.R. Bradley of Grace City and E. Delafield Smith of Carrington. The tatter's complicated and sometimes devious deals were such that he sued or was sued in practically every session of District Court during the first quarter of the century.

The litigants were not always satisfied with the decisions of the District Court and would appeal the cases to the State Supreme Court. In one not too typical case a Barlow carpenter, John Massier alleged that a motorist, Henry Bruening, coming towards his stopped rig frightened his team throwing him out of the vehicle causing him to injure his leg. He sued Bruening for damages and the jury awarded him $550. Neither Massier nor his attorney E.P. Kelly liked the verdict and the case was appealed to the State Supreme Court which ordered a retrial. After the second District Court trial the case was again appealed to the Supreme Court where the claim was finally settled for the original figure, $550 together with some costs and interest.

In another long drawn out case begun in 1893 F.G. Barlow sued the Northern Pacific Railway for damages incurred when the railroad was being built along the edge of the Barlow homestead (Southeast 1/4 Section 6, Estabrook Township). Since the case involved the railroad's original patent for the so‑called "indemnity lands" the case came under the jurisdiction of the Federal Courts. An appeal to the United States Supreme Court followed by another trial and a second appeal were needed before the final resolution was finally reached in 1912. By that time all the original attorneys and F.G. Barlow were long since deceased.

Source: A History of Foster County 1983 Page 214

The Early Law