USA > Arkansas > Historical review of Arkansas : its commerce, industry and modern affairs > Part 2
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Colonel Samuel Morton Rutherford was born at Goochland Court House, Goochland county. Virginia, in the year 1797, and was but twelve years of age at the time of the family removal to Gallatin, Sumner county. Tennessee, in the first decade of the nineteenth century. In that state he was reared to adult age, and thence he went forth to do valiant service as a soldier in the war of 1812. When seventeen years of age he enlisted in Colonel Ralston's famous Tennessee Volunteers, and with this com- mand he served under General Jackson in the battle of New Orleans. At the close of the war he came to Arkansas and initiated his career as one of the world's noble army of workers. He was a staunch friend of William Woodruff, whom he effectively assisted in instituting the pub- lication of the Little Rock Gazette, a leading paper of the pioneer days. He served as sheriff of Clark county, and later held similar official prefer- nent in Pulaski county, in which the capital eity, Little Rock, is situated.
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In 1831 he was elected representative of that county in the territorial legislature, and in 1833 he was chosen as his own successor. In the same year, however, he was appointed treasurer of the territory, by Governor John Pope, and in 1835 President Jackson appointed him register of the United States land office in Arkansas. In 1836, the year in which Ar- kansas was admitted to the Union, he represented the new state as presi- dential elector on the Democratie ticket, as did he also in 1840. In 1848 President James K. Polk appointed Colonel Rutherford special agent for the Choctaw Indians and superintendent of Indian affairs for the western territory. While incumbent of this office he maintained his residence at Scullyville, Indian Territory-a place now known as Oak Lodge. Upon the accession of Zachary Taylor to the presidency, as the candidate of the Whig party, Colonel Rutherford, who was a staunch Democrat, re- signed his office and removed to Fort Smith, Arkansas. He was ten- dered commission as quartermaster in the United States army, with the rank of major, but this overture he declined.
In 1852-3 Colonel Rutherford was a member of the general assembly of the state. later he served as county and probate judge of Sebastian county, while still further mark of popular esteem was given in his elec- tion to the office of auditor of state. After establishing his home in Fort Smith he was soon recognized as one of its leading spirits and mnost aggres- sive and publie-spirited citizens. He was active in support of all measures and enterprises tending to advance the material and eivic welfare of the community, in which connection he brought to bear, as in all other rela- tions of life, his splendid intellectual, moral and executive powers. In 1859 Colonel Rutherford was appointed, by President Buchanan, to the position of agent to the Seminole Indians and, with Major Elias Rector. was appointed also a commissioner to treat with the Seminole Indians in Florida. Being more familiar with the character and habits of the In- dians, by reason of his long experience with them, he was sent to the Everglades of Florida, where he effected treaty arrangements and brought the Seminoles to Tampa, that state, where Major Rector and Colonel Pulliam, the other members of the commission, had their headquarters. From that point the commissioners and the Indians came in company to Fort Smith, Arkansas, from which point the Indians were taken to their assigned reservation in the Indian Territory. The Indians were settled in their new home and Colonel Rutherford became their first government agent. He lived during his incumbency of this position at Wewoka. Sem- inole Nation, and his experiences among the Seminole Indians were re- plete with interest, for they looked upon him as guide, counselor and friend. The Colonel continued in tenure of this office until the inception of the war between the states, and while he himself was too old for active military service, two of his sons became loyal soldiers of the Confederacy- Captain Robert B. and Thomas Allen Rutherford, the latter of whom ran away from home and enlisted when he was seventeen years of age. As a Virginia gentleman of the old regime, Colonel Rutherford naturally was in entire sympathy with the cause of the Confederacy, and he did all in his power to promote the same.
At Little Rock, Arkansas, in the year 1832, was solemnized the marriage of Colonel Rutherford to Miss Eloise Marie Beall. daughter of Asa Beverly and Jane (Edwards) Beall, of Paris, Kentucky, in which state she was born and reared. She had come to Little Rock for a visit in the home of her cousin, Governor John Pope, and here formed the acquaintanceship which culminated in her marriage. Colonel and Mrs. Rutherford became the parents of six children, and coneerning them brief record is here given. Robert B., who served as captain in the Confed-
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erate army, as already noted, married Miss Sallie Butler, daughter of William Butler, of South Carolina, and the latter's wife was a niece of President Franklin Pierce. William Butler was killed while leading the historic Palmetto regiment in a charge during the battle of Cherubusco. Mrs. Butler was also a niece of Matthew C. Perry and a sister of General M. C. Butler, of South Carolina. Samuel R., second son of the subject of this memoir, married Miss Josephine Bugg, of Virginia. Thomas Allen, the next son, likewise served as a soldier of the Confederacy, as has been stated in a preceding paragraph. Margaret Jane became the wife of Major Henry M. C. Brown. Mary Eloise became the wife of William M. C'ravens, to whom a memoir is dedicated on other pages of this work. Susan Frances married Tilghman Cline of Pennsylvania. Archibald Hamilton Rutherford, who became one of the foremost newspaper editors and publishers of Arkansas in the early days, who was a man of fine intellectual attainments and great ability, and who held many positions of public trust in Arkansas, was a brother of him to whom this sketch is dedicated, and both were most influential factors in the development and upbuilding of this favored commonwealth.
Colonel Rutherford died in 1867, at his home near Fort Smith, and when he was thus called from the scene of life's mortal endeavors, at the age of seventy years, a Fort Smith paper published the following appre- ciative estimate, which is well worthy of reproduction in this connection : "He was one of the few adventurous and enterprising young men who, by the force of their energy, intelleet and moral courage, made the early history of Arkausas replete with incidents and achievements worthy of the days of ancient chivalry. He was the associate and contemporary of Crittenden, Sevier. Bates, Woodruff, the Popes, the Conways, the Ree- tors, and others who have stamped the carly history of our state with the impress of their genius, intellect and energy as statesmen, jurists and legislators. During his long residence in the state the deceased was re- peatedly called to fill various and important offices, both state and na- tional, in which capacity he contributed in no small degree to the organ- ization of the state government and the institutions thereof. His habit was not to seek office. but rather to let the office seek him, and when acting in an official capacity he distinguished himself alike for his hon- esty and purity as for his efficiency-always receiving the well merited thanks, 'Well done, thou good and faithful servant.' In the social circles of life he was a friend ever faithful and sincere, a counselor wise and trustworthy; as a Christian his life was a beautiful illustration of the faith that was in him; as a citizen, moral, intelligent and social; as a neighbor, kind, benevolent and generous; as a husband devoted and faith- ful; as a parent indulgent and affectionate; and those who knew him longest loved him best."
In an historical sketch concerning Colonel Rutherford and written by Colonel Ben T. DuVal, of Fort Smith, the following statements were made, after noting the various positions of trust which he had held : "He was a man of fine intellect, untiring energy, and faithful in his friendships. Colonel Rutherford's home near Fort Smith was hospitable and open always to friends and neighbors. There the true old Southern hospitality was dispensed simply but right royally."
A strong, noble, generous nature indicated Colonel Rutherford as he was, and he made his life count for good in all its relations. He was humanity's friend and labored with all of zeal and earnestness for the aiding and uplifting of his fellow men, the while being ever thoughtful of those "in any ways afflicted in mind, body or estate." He honored
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and was honored by the state of Arkansas, and it is but fitting that in this publication should be entered the foregoing tribute to one whose life was dignified by lofty ideals and worthy deeds.
Jonx W. MONCRIEF. Upon the roll of the representative members of the legal profession in this part of Arkansas consistently appears the name of John W. Moncrief, one of the youngest of Dewitt's at- torneys, but one whose native gifts presage a notable future. In no pro- fession. is there a career more open to talent than in that of the law, and in no field of endeavor is there demanded a more careful prepara- tion, a more thorough appreciation of the absolute ethics of life, or of the underlying principles which form the basis of all human rights and privileges. Unflagging application, mature judgment and a determina- tion fully to utilize the means at hand are the concomitants which insure personal sneeess and prestige in this great profession, which stands as the stern conservator of justice, and it is one into which none should enter without a recognition of the obstaeles to be overcome and the battles to be won, for sneeess does not perch on the falchion of every person who enters the competitive fray, but comes only as the legitimate result of application and unmistakable ability.
Mr. Moncrief was born on a farm near Dewitt. September 2, 1887. his parents being Robert L. and Mattie (Roach ) Monerief. His earliest years were passed amid the wholesome seenes and occupations of country life, and he obtained his preliminary education in the public schools, being graduated from the high school at Dewitt. He early decided to adopt the law as a profession, and as a preparation to his study of it was his attendance at Stuttgart Training School and Henderson College at Arkadelphia, Arkansas. He read law in the office of John F. Park, of Dewitt, and was admitted to the bar in August, 1906, having been engaged in practice sinec that time, and for one of his years having built up a good practice.
On November 21, 1909, Mr. Moncrief laid the foundation of a eon- genial life companionship by his marriage to Miss Enla McGahhey, a native of Arkansas county and the daughter of J. W. and Carrie ( Adams) MeGahhey, of Arkansas county, Arkansas.
LOVICK P. MILES. A scion of old and honored Southern families and a representative member of the bar of Arkansas is Lovick Pierce Miles, who is engaged in the practice of his profession in the city of Fort Smith and who is incumbent of the office of general attorney for the St. Louis, Iron Mountain & Southern Railroad for western Arkansas and Oklahoma.
Mr. Miles was born in Marion county, Virginia. on the 17th of May, 1871, and is a son of George W. and Rebecca (Austin) Miles, who were born and reared in South Carolina and Tennessee, respectively, and who are now deceased. The Miles family was founded in Maryland in the Colonial era of our national history and the name has been closely iden- tified with the annals of that and other Southern states, while that of the mother of the subject of this review has been similarly linked with the history of Tennessee.
After due preliminary discipline Mr. Miles was matriculated in Emory and Henry College, at Emory, Virginia, in which he continued his studies for four years, graduating with the degree of B. A. in 1891. In preparation for the work of his chosen profession Mr. Miles was ma- triculated in the law department of the fine old University of Virginia, at Charlottesville, in which he was graduated as a member of the class
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of 1892. . Two years later he assumed a reportorial position on the Memphis Commercial-Appeal, the leading newspaper of the city of Memphis, Ten- nessee ; later he became assistant managing editor and still later he was appointed Washington correspondent of that paper, a position which he retained for three years and until 1899. He gained valuable and varied experience in this connection and formed the acquaintance of many of the leading public men of that period.
In May, 1899, Mr. Miles came to Arkansas and established his resi- dence in Fort Smith, where he initiated the practice of his profession, in which his ability and close application soon gained him distinctive prestige and success. He built up a representative general practice and has ap- peared as advocate and counsel in connection with much important litiga- tion in both the state and Federal courts in Arkansas. In 1905 Mr. Miles was appointed assistant attorney for the St. Louis, Iron Mountain & Southern Railroad, and the efficiency of his services in this capacity needed no further mark of definite appreciation than that accorded by the cor- poration in January, 1908, when he was advanced to his present respon- sible position as general attorney for the company in western Arkansas and Oklahoma.
He has conserved the interests of this corporation through his able service in connection with litigations in which it has been involved and also in the adjusting of claims without recourse to court proceedings. He is known as a lawyer of marked ability and as an advocate has shown his mettle in many contests in which he has been arrayed against the most brilliant legal talent available. His political support is given unreservedly to the Democratic party and while he takes a lively interest in public affairs he has never sought political preferment of any description.
In the city of Memphis, Tennessee, on the 14th of November, 1906, was solemnized the marriage of Mr. Miles to Miss Kate Thompson Craw- ford, daughter of Mr. W. J. Crawford, a representative citizen of that state. The two children of this union are Anne Crawford and Lovick Pierce, Jr.
WHARTON CARNALL. This well known real estate owner is a son of a prominent pioneer citizen of Fort Smith. His parents were John and Frances (Turner) Carnall and he was born in Sebastian county, near Fort Smith, in 1862. His father and mother were born and reared in Fauquier county, Virginia, and were descendants of old families of that part of the Old Dominion. The father acquired a good education, and in the early forties came to Crawford county, western Arkansas, and began his active life there as a school teacher. At that time Crawford county included what is now Sebastian county, and Van Buren was a more important town than Fort Smith, the latter having been then only a military post. He was one of the distinguished pioneers in that part of Arkansas and was elected sheriff of Crawford county at a time when it meant more to fill that office than it does in these days of established law. He was one of the organizers of Sebastion county and was its first county clerk, and as such he made out its first set of tax books. In the early fifties he removed to Sebastian county, where he lived until his death, in 1892. He was in the early days chief deputy United States marshal for the western district of Arkansas, and his experiences in filling that office at that time would supply materials for a most interesting book. He represented his district in the state legislature for a time.
John Carnall is best remembered, however, for his energy and activ- ity in promoting the growth and development of Fort Smith, and to his personality and his force of character are freely attributed much of the
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prosperity and wealth that have come to the city in later years. He was a pioneer in spreading abroad a knowledge of the rich resources and para- mount advantage to prospective settlers of Fort Smith and its surround- ing and tributary country, and in 1878 he established The Fort Smith Elevator, a weekly which attained to a large circulation and which, be- sides being a good local newspaper, was used by Mr. Carnall as a means to acquainting the country at large with the claims of Fort Smith and the Fort Smith country upon the investor and the home-seeker. It was published by him and his sons several years and from its first number it proved beneficial to the city. Mr. Carnall was the first to advocate the construction of a north and south line of railway from Kansas City through Fort Smith to the Gulf, which later was accomplished with all the benefits to this region that he had predicted. He also took up other beneficent projects and carried them to completion. He originated the plan of endowment for the public schools of Fort Smith, which came through the donation to the city by the government of the old military reservation of three hundred and six acres in the center of the municipal plat. Mr. Carnall for many years, through his paper and otherwise, had advocated the bringing about of that donation. Too much cannot be said of him as a good man or as a benefactor to Fort Smith. Of wide acquaint- ance and friendships, he knew personally, in the pioneer days, every man who was for any considerable time a resident in Crawford and Sebastian counties. He died at his home in Fort Smith, aged seventy-four years, after a long and useful life of patriotism, activity and achievement.
Wharton Carnall was born and reared on his father's farm six miles south of Fort Smith. He was for a number of years associated with his father and his brother J. H. in the publication of The Fort Smith Ele- rator, and in the real estate business, and has since been continuously in the real estate business, handling for the most part of late his own prop- erty. Following in the footsteps of his father, he has been active, ener- getic and efficient in the promotion of the growth and prosperity of the city of Fort Smith. Perhaps his most prominent work to that end has been in connection with the city's extensive paving and sewerage im- provements. He was doubtless the original advocate of those improve- ments and was chairman of the committee which secured the signatures of the property holders necessary to make it a success. Work on these im- provements was begun in 1906. Under the plan developed by him and his associates more than a million dollars are being expended for street paving and about a million more for sewers, adding about seventy miles of paved streets and more than forty miles of additional sewers to the city. This is the most extensive municipal work ever undertaken in Fort Smith and has brought that city great prestige and given it rank with the modern and substantial cities of the country.
In other ways Mr. Carnall has exemplified a public spirit which makes him an invaluable citizen. There is no movement looking to the benefit of any considerable number of his fellow citizens that appeals to him as practical and promising that does not have his active and generous sup- port. He wields a recognized influence, and his views on all questions are so broad and so patriotic as to command the respect of all.
JOHN C. MITCHELL, head of the real-estate firm of J. C. Mitchell & Company, of Fayetteville, Washington county, Arkansas, was born at Cane Hill, this state, on the 28th of July, 1849. The Mitchell family was established in Washington county in 1829 by James Mitchell, father of him whose name initiates this article, who was a contribution to this state from Bedford, Indiana, where his birth occurred in 1792, many years
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prior to the admission of the Hoosier state to the Union. In Indiana he learned the tanner's trade and after his immigration to this state he was engaged in farming, tanning and the manufacturing of shoes, mn each of which industries he was eminently successful. His death occurred in 1860. The discovery of gold in California so impressed James Mitchell as to the opportunities for digging a fortune out of the ground that he yielded to his inclination and crossed the plains in 1849. He spent nearly three years with pick, shovel and "pan" without a fulfillment of his dreams and without profit sufficient to justify the trip. He returned home in 1852, via the Isthmus of Panama route, and resumed the thread of indns- trial life where he had left off. He married Miss Mary Weber in Indiana. She was born at St. Augustine, Florida, and died at Cane Hill, Arkansas, in 1881, at the age of seventy-five years. The children born to this union were: George, who passed away at Bonham, Texas; Nancy, who became the wife of William Crawford, of Russellville, Arkansas; James, who died in Little Rock, in 1901, was editor of the Arkansas Democrat and was a strong factor in the journalistic field of the state as well as a political force in his party; William is a resident of Mangum, Oklahoma; Alfred was summoned to the life eternal in Montgomery county, Arkansas; Jane married John Rutherford and resides at Wyandotte, California ; Roderick was killed in the battle of Prairie Grove as a Confederate soldier; Miss Mary resides at Wyandotte, California; and John C. is the immediate subject of this review.
John C. Mitchell grew to adult age at a time when desperate condi- tions existed in this country. Armies were marching to and fro in con- flict over a national question, and many elements of barbarism were in evidence. Schools had intermittent terms or none at all and the whole educational sphere of the country where the Mitchells lived was in a state of tumult. However, when the roll of drums had ceased and civil strife had ended John C. Mitchell became a student in the old Cane Hill Acad- emy and was there made competent to teach a country school. Beginning his work in the pedagogic profession, he went from district to district, then to village and later to town schools, passing in this manner a good many years. He was principal of an academy at Cincinnati, Arkansas, from 1879 to 1885, and for the ensning seven years taught elsewhere in the county. In 1892 he was chosen principal of Washington school at Fayetteville, serving in that capacity until 1896, in which year he was elected treasurer of Washington county for a term of four years. There- after he was elected superintendent of the Fayetteville schools and he remained incumbent of that office for five years.
In 1899 Mr. Mitchell was appointed a member of the board of trustees of the University of Arkansas, by Governor Dan Jones, and he served in that capacity for a period of six years. The board, out of its appropria- tion, was unable to provide many of the things needed by the institution, but a girls' dormitory was an essential adjunct and Mr. Mitchell was largely instrumental in furnishing the sinews that built and equipped a splendid dormitory upon the college campus for the use of the young women of Arkansas. The loss of the mechanical engineering building. by fire, embarrassed the University greatly, as there were no public funds available to replace it. In this instance Mr. Mitchell and Captain Stronp came to the rescue by borrowing five thousand dollars on their personal notes, and with this money the building was replaced and the work of the course restored to its normal state. For some thirty-five years Mr. Mitchell devoted his attention to educational work, and during all those years he had exerted much energy in behalf of educational matters in the state but had not gained financial independence himself. When he had
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educated all his children, however, and made them self-sustaining he ventured away from the class room and entered the real-estate business. In 1905 he embarked under the firm name of J. C. Mitchell and he soon discovered that he had real ability for selling and dealing in Arkansas lands. Before long he found that he could make more money in a month in the real-estate business than he could in a year with a pointer and a piece of chalk. The field was so promising that he formed a com- pany and chartered it for thirty thousand dollars, with seventeen thousand five hundred dollars paid up. Mr. Mitchell is president of the company ; Jay Fullbright is secretary; and Frank Peel is treasurer. The com- pany not only sells property on commission but it deals in land and effects exchanges between parties, thus carrying on a regular brokerage and com- mission business. Mr. Mitchell is the leading and active spirit of the concern, for his genius iu reaching the people has brought to the company an enormous correspondence and an influential clientage. They tell a customer at a distance what a piece of land is like and he recognizes it on sight. They know values and they establish prices. They promote immi- gration by displaying their bargains and by the story of satisfied customers.
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