This work was never published prior to January 1, 2003, and is currently in the public domain in the United States because it meets one of the following conditions: its author died before 1954; the death date of its author is not known, and it was created before 1904; it is an anonymous work, a pseudonymous work, or a work made for hire, and it was created before 1904. The above provisions are contained in 17 U.S.C. § 303. See also this page for more information.

Photograph is labeled "Judge Beatty '99". Judge Beatty was 63 in 1899, so this appears accurate. I do not believe this image was published prior to 2003; the two images of Judge Beatty published pre-2003 that I can find (LA Times 1927 and Western Legal History journal 1989) depict the other photograph of him in the Idaho State Archives.