Double-bitted Injunction

This week, I would like to tell you a story about my great grandfather, Horace “H.S.” Lydick, a man of many legends!

There are stories of H.S. being arrested, fighting the charges, acting as his own attorney and having the charges dropped. Then, there are stories of H.S. evading the law. Today’s story involves H.S. taking the law into his own hands.

This narrative was immortalized in print in the Cass Lake Times and reprinted in Editor Grant Utley’s collection, Tales of the Old Home Town.1R. Grant Utley, Tales of the Old Home Town, St. Cloud MN: North Star Press, St. Cloud MN, 1976; page 48. I believe that the details stem from a factual account because it was first published in 1954 while H.S. was still alive. Grant Utley would not print such a fantastical story while the legendary man lived, unless the story was true.

Newspaper Double-bitted Injunction

1954 newspaper with an attached delivery tag for H.S. Lydick.
Original clipping owned by Clint Lydick (1931-2022).

 

Background

On July 18, 1911, The Pioneer (Bemidji MN) reported that 32,000 acres of Minnesota land were going to be “opened for entry” (homestead application) at the Cass Lake Land Office. The report stated that since the month of May 1911, thousands of acres were “settled by squatters” in the north central portion of Minnesota.

The H.S. Lydick family was among those living on their hoped-for homestead in 1911. Read about Lydick’s acquisition of his 159 acres in this previous blog post.

Steven Schaak owned two parcels of land on the north shore of Kitchi Lake, just west of Lydick. Just like H.S., Schaak commuted his homesteaded land in 1913; Schaak got the title to his property ten days ahead of Lydick.

Was there some type of competition going on? Did I mention that in family lore H.S. did not get along with his neighbors?

 

The tale goes like this

Apparently, H.S. Lydick discovered unauthorized use of his property in Beltrami County.

The unexpected and unwanted use began when Schaak’s brother-in-law, Peter Von Bank, unloaded building supplies from a wagon. Look at the list:

  • lumber,
  • window frames,
  • doors and
  • tar paper.

When H.S. asked what was going on, Von Bank replied that he was going to build a schoolhouse.

“Not on my land!” shouted Lydick.

Von Bank quickly suggested that H.S. get an injunction from the County Office. Bemidji was several miles away and Lydick’s only modes of transportation were his two legs or his trusty canoe. Therefore, the carpenters would have time to build the frame before Lydick could possibly return with the paperwork. As Lydick stormed off, the men set to work.

 

The story continued the next day. As the carpenters returned to the building site, H.S. himself was on hand to greet them.

“What are you going to do this morning?” he casually inquired.

Pete Von Bank answered the question with a question, “Did you get that injunction, Horace?”

“I’ve got it right here!” replied H.S. as he drew forth his lumberman’s ax (the one with two sharpened edges).

 

First, H.S. cut down the frame erected the previous day. Soon the lumber lay on the ground. Next, he splintered the window sashes and then the doors. Lastly, he chopped every roll of tar paper into pieces.

When finished, H.S. asked how they liked that type of injunction.

 

Double-bitted Ax

Double-bitted ax2Sculpture of Man Cutting a Tree With an Ax. , ca. 1852. [Between and Ca. 1860] Photograph Detail. https://www.loc.gov/item/2002717768/.

 

 

That’s what the newspaperman called:

Lydick’s Double-bitted Injunction

 

 

What’s your favorite story about H.S. Lydick?

 

 

SOURCES
  • 1
    R. Grant Utley, Tales of the Old Home Town, St. Cloud MN: North Star Press, St. Cloud MN, 1976; page 48.
  • 2
    Sculpture of Man Cutting a Tree With an Ax. , ca. 1852. [Between and Ca. 1860] Photograph Detail. https://www.loc.gov/item/2002717768/.

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