An Affair with a Flag

Old Kane County Courthouse. USHS collections.

An Affair with a Flag

BY DON V. TIBBS

THERE WERE MANY OUTSTANDING CASES AT ISSUE when I went on the bench In each of my six counties I had the clerk put them on the trial calendar Many settled, but some old cases had to be tried One of them was between two Cram brothers in Kane County

The case had been filed and then left dormant for many years. It was between two brothers who had had business dealings that had gone sour A sued B, and B countersued for hundreds of thousands of dollars. The complaint was amended so there were now astronomical figures involved. Both parties, though still angry, had let the case sit without action. When it finally came up for trial each brother was represented by competent counsel, one a prominent Salt Lake woman lawyer and the other a local young whiz. Each side was out for blood.

The setting was the old Kane County Courthouse that had been constructed many years ago. The courtroom, up a long flight of wooden stairs, occupied nearly the entire top floor The frames of the windows had weathered until there were cracks you could see through on all four sides of the frames. This was okay because there was no air conditioning and the breezes were welcome in the courtroom, especially in the summer when the temperature would rise to well over one hundred degrees. The courtroom still had wooden floors, wooden benches for the audience, and a square box for the judge, about the size of the desk in my office. A United States flag and a state of Utah flag stood behind the judge's chair. Counsel tables and chairs looked beat up and had been there since the beginning They were definitely rickety and on their last legs.

We started the case early at 8 A.M. because of the expected summer heat. Just before convening, the sheriff's bailiff notified me that about thirty German tourists who had been out on Lake Powell for a vacation wanted to watch the proceeding while they took a day's rest He asked if they could sit in the courtroom in shorts and vacation attire. I agreed it was all right.

The case had been going only about a hour, with the two brothers at each other's throat, when I began to realize that the case was baloney and I should throw it out. Then I thought that maybe if I required conferences I could get the brothers to at least talk to each other and hopefully resolve their differences. After each conference and recess the case seemed to get worse The Germans were enthralled with what appeared to be American West disputes and alleged justice.

The case continued and the disputes became louder and more discouraging. Finally, all the evidence was in. I knew what my decision would be after the attorneys completed their arguments. I was going to dismiss each side's claims, each side to bear its own costs.

In final arguments both attorneys became wound up and performed for their clients' benefit. The lady lawyer, in making her final point, pounded her fist down on counsel table. Its legs came apart and the long table, with its books and papers, in slow motion collapsed, and all slid to the floor. Counsel, to say the least, was upset. We took a recess to gather the books up and to get our bearings. The custodian repaired the table with a hammer and nails. Counsel later met with the county commissioners and was instrumental in getting new furniture, carpet, and a remodeled bench

After the recess the arguments continued until finally the case was ready for decision. I was happy it was over. All waited for the words of wisdom from the judge.

I thanked counsel for their courtesy and then made ready to drop the bomb and throw the combatants out The full house audience and the Germans who had sat there all day waited on my words:

Ladies and Gentlemen, disputes are difficult for everyone, but especially for brothers. I was hopeful during the course of these proceedings we could have resolved the differences and you could have found a new good relationship That hasn't happened, so it is my duty to make a decision based on the evidence. That I will now do. It is the order of the Court that

Then the unbelievable happened. There was a large gasp from all in the audience. I paused, wondering what was happening, and then the American flag with the brass eagle on the top came falling over my shoulder and crashed on the middle of the bench The force of the blow splintered and destroyed the middle of the bench The eagle missed my head by inches I was stunned A deathly quiet came over the courtroom after the crash I looked toward heaven to determine if my decision was not approved Court personnel and bailiffs came running We had nearly had a calamity But I knew I must make my decision and rule, and did so, regardless of the eagle I threw the contestants out The case was dismissed

As I left the bench the thought came to my mind that I had nearly been the first judge killed on the bench by an American eagle. The Kane County commissioners, at the urging of the lawyers and the public, bonded to obtain money to construct a new courthouse with a beautiful courtroom. We now have an impressive bench and air conditioning. There is plush carpet on the floor and the attorneys and audience sit on upholstered chairs The attorney tables are made of beautiful polished wood that is always kept dusted. A beautiful American flag is posted in the courtroom, and we still hear dramatic cases. The bailiff still causes the audience to stand when the judge enters the room, and we still have tourists that come to observe.

However, as I sit on the bench in my black robes, my mind often remembers that case Cram v. Cram. The brothers are now deceased and the attorneys are gone, probably retired. The eagle looks down at me and smiles. He knows how I nearly became the firstjudge killed by an American eagle while sitting on the bench Oh, the power of a gust of wind coming through windows on a hot summer afternoon.

NOTES

Judge Tibbs serves in the Sixth District Court in Manti, Utah.