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.