{openx:8}”In the early pioneering days, the Southwest frequently gave birth to some very strange and unusual laws, lawmen, judges and other trappings of justice. In part, these laws were put in places due to the dangers of travel in rough country, extreme weather conditions, unfriendly natives, wild animals and to the rough characters who were drawn to the Southwest.

Here are a few samples of whacky Western laws:

• You think it’s tough to get life insurance today? Try getting it back in the 1800s. American insurance companies routinely denied life insurance coverage to pioneers traveling to the West. While it was possible to obtain exceptions (for an extra premium, of course) the policies still didn’t cover things like “death by hostile Indian attack” or “at the hands of justice.” I guess you can’t really blame an insurance company for not wanting to pay death benefits to the family of a man lynched for being a horse thief.

 

• One ill-conceived ordinance enacted in Denver, Colorado, required all prostitutes to wear a yellow ribbon on their arms. Little did the alderman realize the free advertising they were providing these ladies of the evening, who began wearing yellow dresses, hats and shoes to emphasize their status. The ordinance was promptly repealed once the alderman realized what was happening.

 

• Many cemeteries routinely denied burial to certain races or creeds, or the burial plots were segregated. A prime example of that is in Tin Cup, Colorado. It is divided into 4 sections — Protestant Knoll, Catholic Knoll, Jewish Knoll and Boot Hill Knoll. While you can no longer read most of the markers, you can still find a few that reveal the colorful past of the town. For instance, the markers of “Black” Jack Cameron, whose grave is in the Boot Hill section, reads “He drew 5 Aces.” One must suppose his fellow card players didn’t appreciate his skills and shot him dead on the spot. Another fine example can be found in Fruita, Colorado, where, in the late 1800s, only white people could be buried.

 

• Just after it achieved statehood, the Arizona governing body passed a law that the county sheriff, his appointed deputies and other staff, were responsible for maintaining the peace, investigating crimes, apprehending and arresting lawbreakers, performing executions, serving summons and warrants, summoning jurors for both petit and grand juries and serving as the county jailer. All of which seems perfectly reasonable, until you realize that the sheriff also served as the tax collector for the county!

 

• In the early territorial years of Arizona, any white male who was at least 21 years of age and of “good moral character” could be admitted to the practice of law in the Supreme and District Courts of the Arizona Territory. These requirements or, more accurately, the lack thereof, led to the admission of many applicants who were unqualified or ill suited for the practice of law. In short, they had no clue what the laws actually stated and tended to make up their own rough justice.

 

• Did you know that in Pueblo, Colorado, it is still illegal to allow a dandelion to grow inside the city limits! Bet the citizens there don’t know that!

 

• A story of Whacky Western Law wouldn’t be complete without colorful character like Judge Roy Bean. Bean came West with his brother and for several years, tended bar in his brother’s saloon while smuggling guns from Mexico through the Union blockade during the Civil War. Afterward, he married a Mexican teenager and settled in San Antonio, Texas, where throughout the 1870s, he supported 5 children by peddling stolen firewood and selling watered-down milk. He eventually fled his family and illegal business and ended up in Pecos County, Texas, where he accepted the position as Justice of the Peace. Bean built himself a saloon and hung signs that read “ICE COLD BEER” and “LAW WEST OF THE PECOS.” From here Roy Bean began dispensing liquor, justice (such as it was) and various tall tales. Bean’s ruling were colorful but outrageous, particularly since he had no legal background. For example, “It is the judgment of this court that you are hereby tried and convicted of illegally and unlawfully committing certain grave offenses against the peace and dignity of the State of Texas, particularly in my bailiwick,” was a typical Bean ruling. “I fine you two dollars; then get the hell out of here and never show yourself in this court again. That’s my rulin’.”

 

• And one of our favorites … It is perfectly legal in Colorado to rip the tags off pillows and mattresses, despite dire warnings printed on the tags not to do so. Yes, in the late 1800s the Colorado legislature actually debated the issue and passed a law making that activity perfectly legal. And you wonder where our tax dollars go!