American Liberty and Justice

Homer Maxey was a war hero, multimillionaire, and pillar of the Lubbock, Texas, community. During the post-World War II boom, he filled the West Texas horizon with new apartment complexes, government buildings, hotels, banks, shopping centers, and subdivisions. On the afternoon of February 16, 1966, executives of Citizens National Bank of Lubbock met to launch foreclosure proceedings against Maxey. In a secret sale, more than 35,000 acres of ranch land and other holdings were divided up and sold for pennies on the dollar. By closing time, Maxey was penniless. Maxey sued the bank and every member of the board of directors, including long-time friends and business partners. Almost fifteen years, two jury trials, and nine separate appeals later, the case was settled on September 22, 1980. Broke, Not Broken, the story of this record-breaking, precedent-setting legal case, illuminates a community and a self-styled go-getter who refused to back down, even when his opponents were old friends, well-heeled leaders of the community, a bank backed by powerful Odessa oil men, and the most formidable attorneys in West Texas.

Mary Bennett Love had a physicality exceeded only by her personality. Six feet tall and over 300 pounds, Love was anything but shackled by the mores of her day. In the 1840s, she moved west from Arkansas via the Oregon Trail. A few years later, she separated from her husband and took her six minor children to Santa Clara, where she acquired a Mexican land grant by forging an adult son's signature. Though illiterate, she knew the law thoroughly and used it to her advantage. No sooner had the American military invaded California than Mary squatted on public lands and engaged in dozens of lawsuits to advance her interests. Her love life was no less tumultuous. Harry Love, her second husband and slayer of Mexican bandit Joaquin Murrieta, died at her bodyguard's hands. Quite Contrary is the first book to focus on Mary Bennett Love. Aside from making for an entertaining story, she is representative of the relationship people had with the law in pre-Gold Rush California. Furthermore, her economic success demonstrates the often self-imposed notions of true womanhood-which Mary ignored, paving the way for future female entrepreneurs.

In 1894, George Isaacs, the penniless black sheep of his family, was running with the worst of the outlaws in the Oklahoma Territory. There, a get-rich-quick scheme that seemed foolproof was hatched up. The plan was for George to present money packets falsely purporting to contain $25,000 in cash to the Wells Fargo office in Kansas City. Wells Fargo was to ship the packets via the Santa Fe railroad to George at Canadian, Texas, where George's cronies would then rob the depot office and steal the phony money packets, thus allowing George Isaacs to sue Wells Fargo for his lost fortune. The plan backfired when the sheriff was on hand when the train arrived. The bandits killed the sheriff but then panicked and raced back to the Territory without grabbing the bogus packets. Wells Fargo sent an undercover agent to investigate, but the outlaws discovered him, and the agent was assassinated. The two murders led to eight trials, but only one man, George Isaacs, was ever convicted-and even he managed to beat a life sentence. One question lingered: was George truly behind the scam? The identities of the masterminds behind the foiled plot have remained a mystery for more than a hundred years. With his usual rough-and-tumble tenacity, Bill Neal undertakes the investigation of these two cold-case murders.

Few works reveal anything about the role of federal judges in the early twentieth-century American West. Arnon Gutfeld fills that void by analyzing the major issues and dilemmas those judges faced as the West moved rapidly from frontier justice to twentieth-century legal realities. George M. Bourquin served as Federal District judge in Montana from 1912 to 1934. He dared to issue rulings that captured national attention and aroused the ire of the Department of Justice. During the mass fear and hysteria of World War I and the Red Scare, he was one of very few judges to defend individual liberty. His decision in the Ves Hall Case elicited a knee-jerk reaction from Washington-the notorious Anti-Sedition Act of 1918. A Jeffersonian conservative-libertarian-in the tradition of Edmund Burke-Bourquin believed the Constitution to be the sole barrier between civilization and barbarism. Especially important were his decisions in labor, Native American, and immigration issues. Coinciding with the federal government's largest role over the destiny of the American West, Bourquin's judicial career provides a unique opportunity to examine the great impact that the legal system and a very unusual judge had in the post-territorial frontier period.

Isolated by geology and passed over by development, the vast, waterless tablelands of the Edwards Plateau of Texas became the stage for one of the great nineteenth-century dramas of Western justice. In 1873, opportunistic Anglo-Celtic cattlemen and homesteaders, protected by little other than personal firearms and their own bravado, began settling the stream-laced rangelands east of the plateau. An insidious criminal element soon followed: a family-based tribal confederation of frontier outlaws took root in the canyonlands around the forks of the Llano River, in unorganized and lawless Kimble County. Sometimes disguised as Indians, they preyed on neighbors, northbound trail herds, and stockmen in adjacent counties. They robbed stagecoaches repeatedly. They traded in border markets alongside Mexican Indian raiders, and may have participated in the brutal Dowdy massacre of 1878. Outnumbering and intimidating law-abiding settlers, this criminal confederation took over the nascent Kimble County government in 1876. Only dogged persistence by Texas Rangers, with increasing support from citizens and local law officers, would stem the tide. Meticulously researched and documented, The Reckoning brings to life all the players. Rose shows frontier West Texas as it really was: a raw, lawless, unforgiving place and time that yielded only stubbornly to Order and its handmaiden, the Rule of Law.

Owyhee County, Idaho, also known as the "Big Quiet," is the largest and least inhabited area in the lower forty-eight states. Who has decided how to use it? From violent mine wars in the mid-nineteenth century to environmental conservation disputes at the end of the twentieth, people in the West have battled over the role of government and notions of American identity to answer this question. Winners ultimately controlled the perception of their battles, often shaping the contours of the next conflict. Similarly, historians debated interpretations of the West. In the early twentieth century, Frederick Jackson Turner argued that interactions on the frontier formed American characteristics of rugged individualism, democracy, aggression, and innovation. The "New" Western historians of the late 1970s attempted to debunk this theory, revealing the racial and ethnic diversity of the West, reminding us of the role of the environment, and documenting how settlers and later corporations conquered land wrested away from Native Americans. While "New" Western historians shot holes in Turner's thesis, the myths of the Old West prevailed. People craved the identity offered in western themed novels, films, and tourism more than historical facts. Showdown in the Big Quiet demonstrates how the "Old West" speaks to the "New" and proves how the power of western mythology moved from background to central character.

Although the United States is a nation founded by immigrants, Alberto R. Gonzales and David N. Strange believe that national immigration policy and enforcement over the past thirty years has been inadequate. This failure by federal leaders has resulted in a widespread introduction of state immigration laws across the country. Gonzales and Strange assert that the solution to current immigration challenges is reform of federal immigration laws, including common sense border control, tougher workplace enforcement, changes to the Immigration and Nationality Act, and a revised visa process. Gonzales and Strange embrace many provisions of current pending legislation, but are sharply critical of others. Their proposals call for an expansion of the grounds of inadmissibility to foster greater respect of law and to address the problem of visa overstays, while also calling for a restriction on grounds of inadmissibility in other areas to address the large undocumented population and increasing humanitarian crisis. They explore nationality versus citizenship and introduce a pathway to nationality as an alternative to a pathway to citizenship. This immigration policy blueprint examines the political landscape in Washington and makes the argument that progress will require compromise and the discipline to act with compassion and respect.