Original subtitles

♪ [ trumpet ]

Charles Debrille Poston,

often called the "Father of Arizona,"

once operated a silver mine

about two-days ride out of Tuscan.

He employed many people,

so a town grew up around his vine,

and Poston just naturally became the alcalde, or mayor.

He ran things pretty much his own way,

and everyone was happy,

until, one day, in 1859, came...

"I, James, take thee, Maria, to my wedded wife."

I, James, take thee, Maria, to my wedded wife.

"I pledge thee my troth till death do us part."

I pledge thee my troth till death do us part.

"I, Maria, take thee, James, as my wedded husband."

I, Maria, take thee, James, as my wedded husband.

"And pledge thee my troth till death do us part."

And pledge thee my troth till death do us part.

The ring, please.

[ inaudible speaking ]

Put it on her finger.

Now say...

"With this ring, I thee wed. "

With this ring, I thee wed.

For as much as James and Maria

have consent together in holy wedlock,

they've declared the same before God

and in the presence of this company.

I pronounce them man and wife.

Well, Jimmy, you may kiss her.

As the alcalde, I have the honor

of being next.

Maria, may you have as fine a family

as your pretty sister.

[ giggles ]

Congratulations, Jimmy.Thank you.

And don't forget that, as my marshal,

I shall expect you to work in the morning at 7:00.

Right. Yes.

Uh, tomorrow?

Next week.

[ all laugh ]

Oh.

Thank you.

Mr. Poston!Yes, Charlie?

All right, what's the trouble?

"Trouble," he says.

"Trouble"!

Mr. Poston, if you ever had trouble in your life,

you've never had trouble like the trouble you're having now!

Charlie, keep your voice down. You want to spoil the wedding?

Now, what is it?

Coming down the street is a priest.

Father McCabe sent by Bishop Lamy of Sante Fe,

and you know why?

No, I don't know why, so tell me.

"Trouble," he says.

Mr. Poston,

every marriage you perform

is illegal.

Every marriage is canceled.

Everybody's living in sin.

That's ridiculous. I'm the alcalde.

And he's a priest, direct from Bishop Lamy.

On the way down here, stopped at every house.

He breaks up every couple you've married.

They can't live together.

They're going out of their mind!

Wait till the town hears. There won't be any town.

You won't have any mine left, and look what you just did.

Well, you did it again.

Now, wait a minute. Wait a minute.

Let me think.Think?

[ donkey braying ]

Priest is coming down the street now!

Charlie, you stay out in the street.

Don't let that priest come in here.

I have to get something.But how can I--

You got to get what?

You'll see. Just let me handle this.

Don't worry. I want no part of this.

You stay out here, but calm down.

Don't let on we know anything is wrong.

But--

Uh, hello, Father.

You are the alcalde, Mr. Poston?

Who, me?

Oh, no, no, no.

I'm Charles Meyer, the druggist.

This is Mr. Poston's house?

This?

Uh, yes, I believe it is.

Welcome, Father. I'm Charles Poston.

We're honored to have you in our town.

One of our greatest regrets is, we have no church here,

so we're delighted to have you pay us a visit.

Thank you, Mr. Poston.

Well, if you will excuse me, Father,

I will have to go back to work.

Of course. Nice to have the Father with us, isn't it?

Yes, it's nice.

Nice. Very nice.

Nice, nice, nice, nice, nice.

Mr. Meyer is a fine druggist.

He serves our town well.

I understand that you, too, have rendered a service to the town,

a service for which you have no authority.

Yes, sir, I must confess that I have,

but when the need is great,

someone has to step in to do the job.

I assume you're referring to the money I issued.

Money?

Yes, sir. You see, there was no money in this town,

and it became so hard to do business

that I created these paper dollars.

We call them "boletas."

I, uh... I realize I should've

gotten permission from the government,

but it was so far away, and the need was so urgent--

Mr. Poston...

Don't worry about their being good.

They can be redeemed at any time,

at my mine, in silver, full-face value.

Let me show you.

Most of the people in this town, can't read,

so I used pictures on these bills.

The lion is $10,

The bull is $5,

The horse is $1,

and so forth, down to the pig,

which is two bits.

Mr. Poston...

It wasn't money that I came here to discuss.

Well, no, of course not, but...

Uh, now that the subject has come up,

you know, it's so seldom that we have an opportunity

to express our gratitude for the good things

that have happened to our town.

This is my chance.

Father, I'd like to make a contribution to your work.

I will accept the money, Mr. Poston,

in behalf of the church,

and I thank you,

but this was not the wrong I was referring to.

Mr. Poston, by what authority do you perform marriages?

Authority?

Well, there are no priests for many miles.

There is a need, and I am the alcalde.

Did you ever seek help from the Bishop?

And did he ever give you special permission

to join couples in holy wedlock?

Special permission?

But I didn't know that--

Oh, now, I find it impossible to believe that you didn't know

there were very strict rules regarding marriage--

♪ [ festive music ]

[ people cheering ]

What's going on in there?

It's just a little party.

Mr. Meyer wouldn't let me go in.

Would it be a wedding party?

[ clears throat ] A wedding party?

Uh, yes, sir, it is.

And you performed the marriage?

Yes, sir.

Uh...

Stop it.

Stop the music. Stop!♪♪

Father, how wonderful.

You've...just been married by Mr. Poston?

Sí, Padre-- Yes, Father, we have.

It's my painful duty to inform you...

that you're not legally married.

In the eyes of the church,

you're not man and wife.

Why not?

Because Mr. Poston has not now,

nor has he ever had the authority

to perform a marriage.

Are any of you married here by Mr. Poston?

Sí, Padre.

Teresa and I, we were.

Then you, too, are not legally married, my son.

[ people murmuring ]

Anyone else married by Mr. Poston,

I warn you now to separate

and to stay apart

until this problem is cleared up.

This is our wedding day, Father.

Couldn't you just remarry us?

I'm sorry.

It'll have to wait until this matter is cleared up.

Actually, your problem is not quite as serious

as that of the others.

Are you an officer of the law?

Yes, sir.

Good.

I want this man arrested and held for a civil trial,

and mark you,

you tell your Justice of the Peace

exactly what has happened here,

and ask him to convene the court for Monday.

I must go now

and warn everybody in the area,

but I'll be back for the trial on Monday.

Aw, Jimmy, be reasonable. I have to see Charlie Meyer.

I've got to make plans.

You're under arrest. Now get back in there.

Jimmy, who pays your salary?

That don't make any difference.

You'd like to keep on earning that salary, wouldn't you?

You'd like to have Maria as your wife?

You'd like to see all of these marriages

make good by the court, wouldn't you?

Well, I can fix it.How?

Keep me under arrest if you want to, but come along with me.

When we get to the store, I'll explain what we have to do.

I don't know--By Monday night,

you and Maria will be man and wife.

What do you say?

All right, I'll listen.

Good.

No tricks now, Mr. Poston,

'cause right now, I wouldn't mind at all

pulling this trigger.

All right. So talk a little.

My friend, do you know what's going to happen to me Monday,

when Father McCabe gets back here?

Now, don't look at me. I warned you.

Now, listen to me.

He wants to take me to court.

What's going to happen when he finds out

we don't have a court?

See?

See, I-I told you it would happen.

It's not going to happen. We will have a court.

We'll have that trial right here,

and we'll settle things our own way.

We'll have all those marriages made legal,

and that'll be the end of our troubles.

Well, good...

but, um, what has that got to do with me?

You're going to be Judge Meyer.

Oh.

Oh, yeah.

And just where do I preside?

I was thinking right here.

Oh, no, you don't.

Now, wait a minute, Charlie--

No, no.No, wait a minute.

Maybe it is too small.

How about your, uh-- How about your warehouse?

Your warehouse--Oh, no, no, no.

That's out of the question.

Charlie--I won't move the merchandise.

Charlie, think a minute.

Just think how much this town needs a court.

Do you realize that there are 45 people

lying up there in the graveyard,

and only three of them died of natural causes?

Well, just shows what a good druggist I am.

Yeah, and what a poor citizen.

Charlie, we need a court now!

And you're just the man to be our Justice of the Peace.

After all, who's the smartest man in town?

I am.

And you're the only with books.

Law books.

Uh, law books?

[ laughs ]

This one is Materia Medica,

and this one is "How to Set Broken Bones,"

and they're both in German.

That's right, they're in German, so you're the only man in town

who knows what they say.

Let me show you how easy it is.

Now, you sit here at your judge's bench.

Ah, it will never work.

This is a historic moment in the history of our town.

Our first court is about to open.

It will never work.Sure, it will.

He even looks like a judge, doesn't he, Jimmy?

Well, the only one I ever saw

was that little cross-eyed circuit fella

that come through.

Mr. Meyer sure looks better than him.

We won't need him anymore.

Charles H. Meyer, as alcalde of this town,

I hereby appoint you justice of the peace.

It will never work.

At a salary of $50 a month.

Well, maybe it will work.

So now that I'm in office,

what do I do?

Yes. Well, the secret of being a judge is,

you must have authority.

You look up the precedent in the book.

For instance, a fella goes out, gets drunk, paints the town red.

Uh, what's the fine?

For painting the town red.

Well, let's just look it up in the book.

We'll just look up the law.

Uh-huh.

Ah, yes. Here it is.

In the case of the state vs. McDonald,

the fine for painting the town

was $30.

Is that in the book?

Uh, sure. Uh, try another case.

What's the fine for...

well, for hitting a man?

Hitting a man.

All right.

Well, we'll just look it up. Hitting a man. Hitting a--

Ooh, well, that's in the other book.

Hitting a man. Hmm.

Yeah, well-- Well, there it is.

Yes. The fine for hitting a man

is $20.

Charlie, you're going to make a great judge.

Jimmy, here's what I want you to do.

On Sunday night, you arrest a couple of guys for fighting, any two.

Lock them up in the livery stable.

We still have those chains there,

so chain them together

and bring them into court on Monday morning.

After Father McCabe arrives, Charlie, you try them.

Just don't let on that we don't have a jail.

You know, fine them, look it up in the book.

That'll prove that this is a legitimate,

A-number-1 court.

And then what?

Well, then when you get to my trial,

you, again, look up in the book,

and find that the alcalde has full authority

to perform marriages.

That's all there is to it.

Mr. Poston...

are you trying to influence the judge in this case?

What?

Mr. Poston, if I'm going to be judge in this town,

and I am, because you've just appointed me,

at $50 a month,

well, then I'm going to see to it

that this town gets justice.

I mean, real justice.

Monday morning, I'm going to hear your trial.

I'm going to listen to both sides,

and then I'm going to render justice,

no matter who gets hurt.

What's that for?

$20.

The fine for hitting a man.

Now, now, now, now--Whoa! Hold it!

Do you want me to arrest him, Judge?

No.

He paid the fine in advance for...

for contempt of court,

but remember, Mr. Poston,

Monday morning, when you come for trial,

you've already got a criminal record!

The court finds you guilty as charged.

I don't know how often you have been guilty

of fighting and disturbing the peace,

but the law quite clearly states

that those arrested many times for the same offense,

the judge has the authority to sentence them

to a chain gang.

You two, just as you are now,

you will go out and you will clean up the main street,

and I want every bit of rubbish

off the street.

And when the street is clean,

to the Marshal's satisfaction,

then you will be released.

Marshal, take them away.

Oh, and Jimmy?

Assign someone to, uh, keep an eye on them,

and you come back.

Now...

the next case is the town vs. Alcalde Poston.

Mr. Poston,

will it be necessary to have a jury trial?

No, sir. I will abide by the Judge's decision.

Father McCabe?

I see no necessity for a jury trial.

Good.

Is the defense ready?

I'll handle my own defense. Yes, sir, I'm ready.

Is the...

The prosecution is ready.

Do you have any witnesses, Father McCabe?

What is your name, my son?

Ernesto.

Ernesto Hernandez.

Aye, and your so-called marriage

was performed by Mr. Poston?

Yes, Father.

And this is Teresa, my wife.

I'm sorry, Ernesto. She's not your wife.

Would you go sit in the witness chair?

Sí, Padre.

Your Honor, will you swear him in

on the Bible?

Um...

Ernesto is an honest man.

He doesn't have to be sworn in.

Ernesto,

tell the truth.

But of course.

Very well then, Ernesto.

Why did you and Teresa go to Mr. Poston to be married?

What else could we do, Father?

If we don't go to Mr. Poston,

we have to travel 30 miles,

and we have to pay $25.

Oh? And how much does Mr. Poston charge?

Charge?

Nothing.

He never charges anybody anything.

Why, when the wagon trains come through,

he says...

"Use my garden.

"Wash yourselves in my pond.

"Eat my vegetables."

Nothing. No money.

Why, Mr. Poston, he's a fine man.

Did he tell you that he had the right to marry you?

He marries everybody.

He's the alcalde.

Merely being the alcalde does not give him the right

to perform marriages.

Your Honor, I object.

No offense, Father, but the law does

give an alcalde the right to perform marriages.

It says so in the law book, doesn't it, Your Honor?

Is that the law, Judge?

I'm sure it's in the book.

I can't imagine a law so unjust

as to deprive the people of our town

of their right to happiness.

As a matter of fact, Father,

I did look that up,

and, uh, I find that there's a ruling

from out in California,

a little remote town

where there were no churches available.

Yes, the ruling says quite clearly,

the alcalde has the authority to perform marriages.

Will you quote that exactly?

Not word-for-word, but...

May I see it, please?

Of course.

I hope you will understand that this book is in German

since that is my native language.

Your Honor, may I call another witness?

Of course.

Uh, who?

Mr. Poston.

Uh, thank you, Ernesto. You can go back to your seat.

I'm willing to forgo the swearing in ceremony,

Your Honor.

Now, Mr. Poston, assuming, just for the moment,

that the alcalde has certain rights

so far as civil marriage is concerned,

are you, in fact, the alcalde?

Just where did you come by the job?

Well, there was a need for someone in the job,

so a group of us got together, and...

Were you elected to the job?

Well, there was no formal election actually.

No.

So you just took the job?

And how much are you paid,

Mr. Poston?

Nothing.

And who bears the cost of running the town?

Of paying the Marshal's salary?

I do.

And who appointed the Judge?

And who pays the Judge's salary?

Father McCabe, I can assure you,

no matter how I got this job,

you will get justice.

Oh, I intend to, Your Honor.

Now, Mr. Poston,

in the law books,

according to the Judge,

they refer to the alcalde's legal authority to run a town.

Now, in actual truth, Mr. Poston,

do you have that authority?

Well, Father, that brings up a very interesting question.

If I didn't have the legal right to be alcalde,

then perhaps nothing I've done as head of this town, was legal.

Aye, that's just the point, Mr. Poston.

Yes, it is.

That could mean that I had no legal right

to issue money.

Could also mean that all those boletas

that I issued...

are legally worthless.

Well, now, that is a--

an interesting point to consider.

Is there something in the law books

that covers that?

Well, I-- It must be.

Let's just look it up.

Let's see, money.

Oh, yes. That's in the other book.

The title of this is "How to Settle Money Questions."

Oh, yes. Here it is.

It says, in effect,

when the acting head of the community--

Now, "acting head" could certainly be interpreted

as acting alcalde.

When the acting head of the community

issues paper money for the convenience of business,

that money shall be accepted as legal tender

and must be redeemed in silver on demand.

Good. Good.

I was hoping that would be in the book.

Well, now, Father, wouldn't you say

that if, as acting alcalde,

I have the right to issue money,

I would also have the right to perform marriages

when the lack of an available priest

makes that necessary?

Your Honor...

I don't think Bishop Lamy fully understood the situation

when he sent me here,

and certainly, I didn't either.

When there's a need,

and men of good intentions step in to fill that need,

I expect that we have to make some concessions,

and I think that the Bishop

is going to agree with me on this.

Now, I ask that this legal action be set aside,

for I now feel that these marriages were made

under thoroughly acceptable civic authority,

and are, therefore, quite legal.

[ all cheer ]

I'm happy to tell you

I have a generous gift of $700 from Mr. Poston

and will use it to start a church here in your town

so that there need be no problems in the future

about marriages.

And now, I'd like to go to Mr. Poston's garden

and offer a prayer of thanks

for a happy solution to all of our mutual problems,

and I invite all of you to join me.

Oh, uh, Your Honor?

Don't you agree...

Gott hilft denen, die sich selbst helfen und freunde?

What did he say?

Uh, he said...

"God helps those who help themselves

"and their friends."

But he said it in very good German.

When Arizona became a territory of the United States,

Charles Meyer was, at long last,

officially made justice of the peace.

Charles Poston went on to become Arizona's

first representative in Congress,

and his great efforts earned him recognition

as Father of Arizona.

On April 26th, 1925,

his remains were reinterred in a memorial dedicated

at Poston's Butte near Florence, Arizona.

Next week, another true story from Western history.

See you then.