as a
general thing, there were no county attorneys in the different counties.
When a term of court was to be held in my county, or any of the adjacent
ones, the marshal would send me a deputation to represent him, and a bag
of gold to pay the jurors and witnesses; the United States attorney
would empower me to appear for him, and on the opening of the court, the
judge would enter an order appointing me prosecuting attorney for the
county so the judge and I would constitute the entire force, federal and
territorial, judicial and administrative. If I procured an indictment
against a party at one term, in my capacity of prosecutor, and the
regular attorney should appear at the next term, it was more than likely
that I would be retained to defend; which would look a little irregular
at the present time, but as there was no other attorney but me, as a
usual thing, no questions were asked.

At a very early day, a party not having the fear of the law or public
opinion before him opened a saloon at Traverse des Sioux, much to the
dismay and indignation of the religious element of the community, and
went to selling whisky to the other element. The next grand jury
indicted him, but, before a court convened that could try him, a squad
composed of the temperance people headed by the sheriff, attacked his
place, and demolished his contraband stores. Being determined to test
the question of his rights, he sued the attacking party, and I was
retained to defend them. I devised the plea that the country was full of
savage Indians, whose passions became inflamed by whisky, which made
them dangerous to the lives of the whites, and that saloons were
consequently a nuisance which anyone had a right to abate. The case was
tried before Judge Chatfield, and my clients were vindicated. Of course,
the suit created a great sensation, not only on account of the feeling
engendered, but because of the novel questions involved, and in due
course of time the temperance ladies of the county sent to New York and
purchased a handsome combination gold pen and pencil, with a jewelled
head, and had it inscribed, "Charles E. Flandrau: Defender of the
Right." They also procured a handsome family Bible for the sheriff. When
all was ready, they held a public meeting, and made the presentations,
which were accompanied by the usual speeches. These ceremonies occurred
in the latter part of the year 1854, or early in 1855, and in the
meantime a small newspaper, ca