USA > Colorado > History of the State of Colorado, Volume IV > Part 73
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FASSETT, J. W., as the account following shows, was among the earlier pioneers in the Pike's Peak region, long before Colorado was settled and christened. He was born in Bureau county, Ill., Jan. 7, 1836, and was there raised and educated. Early in 1839, at the age of 23, he left his native state with three yoke of cattle and a covered wagon, crossed the Mississippi at Rock Island, thence via low? City and Des Moines to Council Bluffs. After kets, provisions, ete., on their backs and started on foot for the Gregory mines, where they spent a week in securing claims in Rus- sell Gulch. They then returned to their camp below Golden. Meanwhile, a rough road had been cut across the mountains from Gregory to Golden Gate, over which they took their wagons. In going up some of the steeper slopes it became necessary to attach as many as 15 yoke of cattle to a single wagon, and in going down the opposite side, to ent a big pine tree and attach it to the rear end. to hold it back from falling over upon the team. In this manner they succeeded in reaching the gold diggings, an experience com- mon to all who passed that way at that time. The cattle were then returned to the valley and placed on a ranch where they grazed during the summer, and in the fall were sold for beef. Mr. Fassett worked his claims in
way. In the year last mentioned he went to Chicago and there completed his law studies in the office of Clarkson & Tree. He was ad- mitted to the bar in that city in 1858 and practiced law in Illinois until early in 1861, when he came to Denver. The same year he was elected prosecuting attorney for Arapa- hoe county, being the first occupant of that office and continuing to discharge its duties until 1865. In 1876, under the organization of the state, he was appointed by the supreme court of Colorado as reporter of its decisions, a position he held until 1889, when he re- signed. In that period he reported Volumes Ill to Xl. inclusive. His work was highly commended by the Albany "Law Journal," one of the best authorities in the land. The judgment of the public is often at fault in Its opinion of lawyers. The judgment of the profession is of higher value and is seldom
Russell Gulch and made considerable money, divided. The reason lies in the fact that the but sunk it all in subsequent enterprises on law is a learned profession and those learned Quartz hill, where he ran a stamp mill for a time. In the spring of 1862 he came to Den- ver and took up 160 acres of land two miles vated until 1889 when he sold 80 acres to Donald Fletcher for $1,000 an acre. The re- mainder he still owns and occupies. In 1891
in it eau better distinguish between the char- latan and pretender and the close student and master of his profession. Mr. France as a from the center of the eity, which he eulti- lawyer can safely leave his reputation to the judgment of this higher tribunal. The com- mon law system supplied and required a dis- cipline of its votaries unfortunately unknown he platted 40 acres as an addition to the to the modern code regime, and he brought to city. From 1863 to 1866 he was engaged in the practice of his profession a thorough com- freighting between Denver, the mountain mon law training, notably as a special pleader, that has always been recognized by his towns and military posts. For fifteen years he was a member of the Villa Park school brethren of the bar. In the trial of a case at board. He is a member of the Masonie order nise prins he speaks to the judge and jury,
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never to the audience; in the supreme court and in five years made a fine record in the up- his written briefs and arguments are clear, building of that institution. On June 6, 1890, concise and forcible, and always command at- he was secretary of the convention that or- ganized the Woodmen of the World. He has the honor (together with Hon. Joseph Cullen Root) of being one of the two founders of that organization. Aug. 11, 1890, he was elected head consul of the Pacific jurisdiction, that title representing the chief executive officer of the order in that jurisdiction. In Jan., 1893, he was elected to the second highest office in the sovereign head camp of the su- preme lodge, that of sovereign adviser lieu- tenant. On Aug. 16, 1894, at Portland, Oregon, he was re-elected head consul by the head camp of the Pacific jurisdiction to serve until Aug., 1896. The organization with which bo is so prominently connected, though now less than five years old, has more than $70,000,000 of insurance protection in force, a record never equaled in the same length of time by tention. He loves and observes the ethics of lis profession, scorns unprofessional con- duet, and denounces it without measuring his words. Ile visited Texas in the fall of 18SS and traveled over part of that state. He wrote a series of letters from there published in the Denver "Republican," descriptive of the old city of San Antonio and its missions, peculi- arities of the Mexican people, etc. Next spring (1889) he took a trip to the city of Mexico, de- scribing his journey, the city of Mexico. people and institutions, which were published in the Denver "Republican" and other jour- nals. IJe also made several trips to California and wrote letters from there to the "Repub- lican." He is a disciple of Isaac Walton, and his love of the gentle sport draws him annu- ally to the mountains in search of the beanti- ful tront. To this love of sport and nature, any fraternal order in existence, and one that and his vivid descriptive powers, we are in- debted for several charming volumes: "Rod and Line in Colorado Waters:" "Mountain Trails and Parks;" and "Mr. Dide, His vaca- has given Mr. Falkenburg a national reputa- tion in fraternal beneficiary circles. His com- mercial relations with prominent business men have given him an extensive acquaint- tion in Colorado." No lover of nature can ance both in the United States and Canada. read these books without the desire to pur- As a public speaker he is cool. clear and in- chase tackle and camping outfit, and person- cisive. His voice is smooth and pleasing, his manner impressive and attractive. ally experience what he so vividly and beau- tifully describes. He delights in western character and its individuality, and introduces to his readers many a quaint and strong char- acter known only to the frontier. As an angler he is a sportsman, but is not, however, solely intent on filling his basket. He is a poet as well, and after a few successful casts of his fly on the silver ripples, he lights his pipe and, stretebed beneath the shadow of the mountain pine, dreams dreams and weaves fancies worthy the pen of "Ik Mar- vel." He paints pictures of storm and clouds and sunset and supreme grandeur of moun- tain architecture, until one longs for the depths of the mountains and that fulness of a joy which their solitudes alone supply.
FRANCISCO. Col, J. M. Ser Vol. It. page 251.
FRANKLIN, Charles W .. lawyer, was born Oct. 20, 1858, at Boonville, Mo., where he at- tended the public schools. Later the family moved to Sedalia. Mo., where he entered the office of the Sedalia "Democrat" as an appren- tico, remaining eight years, serving in the sey- eral capacities of office boy to reporter and as- sistant editor. In 1876 he took a year's course at the Central college at Fayetteville, Mo., then returned to Sedalia and resumed work on the "Democrat." where he remained more than two years, thereby acquiring the means to further pursue his studies, In 1878 he en- tered the university of Missouri at Columbia, taking a literary course. In 1880 he came to Colorado, and finally settled in Leadville, where he accepted a position on the "Chron- icle," under Mr. C. C. Davis, then its editor.
FALKENBURG, F. A., was born in Utica. In the fall of that year he again returned to Clark county, Ind .. Jan. 30, 1857, and is the Columbia and entered the university of Mis-
youngest son of Rev. S. B. Falkenburg, for many years a prominent Methodist minister of Indiana. After receiving a collegiate edu- cation, when twenty-one years of age he was admitted to the bar at Indianapolis, and rose rapidly in his profession for five years, when
souri, taking a junior law course. During the year he was editor of the college "Journal." for which his various experiences in the news- paper line so well fitted him. On finishing his course he returned to Colorado and located at Aspen. In isst he was nominated on the he accepted the auditorship of an Ohio rail- democratie ticket for clerk and recorder of road company, which he held for two years. Pitkin county, but was defeated. He then removed to Leadville and entered the law oflive of Patterson, Thomas & White, remained one year, then entered the law department of Ann Arbor university, Mich., where he was graduated in 18$3; then returned to Lead- ville, and again entered the law office of Pat- terson & Thomas, Later he was appointed resigning it in order that he might connect himself with Mr. C. H. Case, manager of the Royal Fire Insurance Co., with headquarters at Chicago. Ile was afterward the score- tary, and still later secretary and treasurer of one of the largest publishing houses In Chi- cago. In 1885 he was appointed deputy head consul of The Modern Woodmen of America, assistant district attorney to Mr. Kellogg. In
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Jan., 1885, he went to Aspen. during the more active period in that camp, and formed a part- nership with I. M. Downing; they were the attorneys for the famous "side line" elaimants in the cases of the Durant, Aspen and Emma mines. During this partnership he acquired an experience that has been of vast benefit in building up the large clientage which he has attained. In 1890 this partnership was dis- solved, and in 1893 he came to Denver and entered into partnership with the IIon. Lafe Pence. Subsequently he became the general attorney for the Midland Terminal railroad at Cripple Creek. In 1877 Mr. Franklin married Miss Carrie Beman of Glenwood Springs, Colo.
FROST, Albert Sheridan, lawyer, was born in Belleville, Wis., Dee. 28, 1855, and received a common school education. He studied law, was admitted to the Wisconsin bar in March, 1877. and immediately commenced practice. The following January he came to Colorado and located at Red Cliff, Eagle county, where he continued to follow his profession. Two years thereafter he removed to Denver; Feb. 21. 1893, was appointed police magistrate of the city, and entered upon the duties of the office April 7. This was the year of panics and great business depression, and as a conse- quence large numbers of men were out of employment. Denver had her share of these unfortunates, many of whom were arrested by the police for sleeping in box cars, in barns, in empty houses, and for begging on the streets, and charged with vagrancy. As many as fifty persons would be brought be- fore him at a time upon this charge. lle re- fused to enforce the law or city ordinanee in reference to the same, holding that it was nn- constitutional and in conflict with section 3 of the bill of rights of the state of Colo- rado. The position taken by Judge Frost was unfalteringly adhered to by him in all similar cases, and brought upon him the censure of the daily papers of the city and a large body of citizens. He takes pride in the fact that he was the first judge to announce the propo- sition from the bench that "poverty was not a crime." and that any law which makes it sueh is uneonstitutional. llis decision. sub- jected to the criticisms of the press all over the country, gave him far more than a local reputation, and pointed to him as one who had the courage to tear down and trample bo- neath his feet the laws of vagraney as they have been hitherto administered by our mu- nicipal courts. In polities he is a populist. and an ardent supporter of the principles of his party. lle is a good speaker and fearless in the advocacy of what he believes to be right. Socially, he is a pleasant gentleman, a good neighbor and a true friend.
edneated at Botetourt Springs academy in that state. In 1850 he moved to South Bend, Ind., where he became an editor on one of the papers of that eity, and when Sehnyler Colfax first ran for Congress Mr. France took charge of his paper, the South Bend "Register." In 1854 he emigrated to Kansas, and during the troubles which ensued between the pro-slavery and free state parties earnestly espoused the cause of the latter. Ile remained in that ter- ritory until 1860, when failing health and the excitement attending the discovery of precious metals in the Rocky Mountains impelled him to join the marehing columns, and he eventu- ally located at Central City, in Gilpin county. When the Western Union telegraph was ex- tended from Denver to that city in 1863 he became an operator in that office, continuing until 1867. when he moved to Georgetown, Clear Creek county, where he engaged in min- ing until IST0, when he removed to El Paso county, and took up the business of ranching, stoek raising, etc., purchasing what is known as the "Jimmy Camp raneh." In 1871 he was elected county commissioner, which office he held by election a number of years. In the spring of ISTS he was elected mayor of Colo- rado Springs, and in 1880 re-elected, but sub- sequently resigned. He has been one of the trustees of the Deaf and Dumb institute from its organization to a recent date; also one of the trustees of the Colorado college in the same place, and for two years was president of the school board. He began his career in Colorado in 1863 as a telegraph operator at Central City. The office had just become well estab- lished when the rage of mining speeulation opened. Mines, prospeets, and elaims which had been merely staked out and some only measured, found eager purchasers in New York and other eastern states. The speeula- tion ran to extremes, and as a natural conse- quence the receipts of the Central City office, from its enormous tariffs ($10 for ten words). did a larger business than any other between Chieago and San Franeiseo. Ile sat there from the opening of business in the morning until midnight, sending and receiving mes- sages of great importance, and in which fort- unes were involved, and in the same con- nection receiving associated press dispatches from the various fields of the war for the "Daily Miners' Register." He remained at his post until after the elose of the war, then went to other fields, as already noted. In the communities in which he has lived long enough for people to know his worth he has been held in the highest esteem for the exceeding geniality of his disposition, agreeable man- ners, business qualifieations and spotless in- togrity. In 1890 Governor Cooper appointed him register of the state land board, which office he filled to the close of the term with eminent ability.
FRANCE, Matt, for many years an influ- ential citizen of Colorado Springs, was born FAIRLEY. David B., merchant, was born in Roanoke county, Va., Sept. 2. IS30; was on a farm in Mercer county, Mo .. Oct. 1. 1850.
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Ilis education in the common schools was stitutional convention hell by the authority supplemented by a thorough commercial of Congress in 1864. In the territorial council course at Princeton academy. In 1871-72 he of 1865 he was made enrolling clerk. In 1868 was employed as a clerk in a dry goods store. he was elected superintendent of schools for Lake county, and also appointed county judge the same year. In 1870 he removed to Sagnache county and engaged in farming and stock raising until 1875; was made superin- tendent of schools there in 1871, and in 1872 elected assessor. In 1873 he was elected county judge, and served as such until 1881. In 1875 he was elected to the constitutional convention which framed our present charter, and was an earnest and very useful member of that body. After the constitution had been framed and enrolled, he, as a member of the committee on schedule. discovered that no provision whatever had been made for ap- pointing presidential electors for 1876, and it was only by his foresight and the addition of Section 19 to the schedule, empowering the leg- islature to appoint electors to represent the state in the electoral college, that Colorado was permitted to vote for president that year. In the first and second sessions of the Gen- eral Assembly he was elected chief clerk of In 1873 he engaged in the lumber trade on his own account at Princeton, and later on at Trenton, conducting the business simul- taneously at both points, and was very she- cessful. In 1874 he married Miss Lora Shook of Chillicothe, in the same state. In 1878, failing health demanding a change of climate, he came to Colorado and located at Colorado Springs, spending the time to 1881 recuper- ating his wasted energies, and occasionally indulging in mining ventures. In the fall of 1881 he embarked in the furniture trade, sub- sequently adding crockery, stores, etc., to the stock. The house has flourished under capable management, until to-day it ranks with the leading house furnishing establish- ments of the state. In 1885 his brother joined him. when the firm became the Fairley Bros. In 1883 the subject of this sketch was elected a member of the board of education, and served until 1889. In 1886 he was elected eity treasurer, and was thrice re-elected without opposition. At the close of his last term he the House. Ile edited and published the declined the tender of a renomination. He Saguache "Chronicle" from April, 1876, to was chairman of the board of trade right of Jau., 1881. In Feb., 1879, he was appointed way committee to secure the entrance of the one of the penitentiary commissioners; was Chicago & Rock Island railway into Colorado elerk of the district court for Sagnache Springs in 1888, therefore bore an important part in promoting that result. He was also instrumental in the organization of the Ex- change National Bank of that city, with a capital of $100,000, and was its first vice- president ; was the owner of the Roswell town site, an addition to the city; is largely inter- ested in coal mines and mining; a director in the Western Coal & Mining company, owners and operators of the MeFerran coal mines, near Colorado Springs, and owns the general merchandise store at that place; is also ex- tensively interested in farms and farm lands. In political faith a republican, and in the or- der of Masonry a Knight Templar, in most of the affairs of life a progressive and successful man who sprang from a comparatively ob- scure station, he has won a conspicuous place on the highway that leads to fortune. Mr. Fairley may be said to have lived his forty years worthily and well.
county in 1880, and in December of that year was appointed warden of the penitentiary at Canon City to fill a vacaney. In Feb., 1881, he was re-appointed for a full term of two years. In 1876 and 1880 he was secretary of the republican state convention. In 1869 he married Rhoda Royal. Two children, a son and a daughter, were born to them. He ed- ited and published the Canon City "Record" from April, 1883, to Oct., 1891; was clerk of the district court of Fremont county from 1883 to 1885; was secretary of the Senate for the Seventh General Assembly; was superin- tendent of the taking of the U. S. census for the 2nd district of Colorado in 1800; was ap- pointed postmaster at Canon City in May. 1892, and Is now holding that position. When he removed from Saguache county to Fro- mont county, in Dee., 1880, he at once prepared to set out an orchard, and has been one of the most successful fruit growers in Colorado. Ile was president of the Fremont county hor- ticultural society several years; was vice- president of the Colorado state horticultural society in 1889 and 1890, and president in 189I and 1802. His wife having died in 1882 he was again married In 1885 to Tillie Hem- merle of Cañon City. They have one son.
FELTON, Willard B., journalist and horti- culturist, was born in Mass,, Nov. 26, 1837, descended from Nathaniel Felton, who came to America from England in 1633. He ro- mained at home until fifteen years of age, then went to Boston and engaged as assistant book-keeper with the wholesale dry-goods house of Austin. Sumner & Co .. continuing FOWLER. W. R., pioneer, was born in Litchfield. Herkimer county, N. Y., March 19, 1815, and was raised on a farm. llis father, Amos Fowler, was a direct descendant from William Fowler, the first magistrate of the colony of New Haven, of Puritan stock. until the spring of 1862; then came to Colorado settling in Frying Pan Gulch, Lake county. From there he went to Cache Creek, remain- ing until 1870. While there he organized the Treasury Mining company and bullt a 15 stamp mill. He was elected to the first con- Among his descendants was Hon. Orin Fow-
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ler of Fall River. Mass., twenty years a clergy- when a small society of Methodists was or- man, two terms a member of the state Senate, ganized, which he joined and engaged earn- and a member of Congress two terms. The estly in its work; was promoted to class leader, mother of W. R. Fowler was descended from and, as the church progressed, to that of stew- ard, trustee and Sunday-school superintend- ent. The Presbyterian church did not come till seven years after, and Mr. Fowler, having become thoroughly identified with the Metho- dists, continued in that connection. Soon after his arrival in Cañon City, the people de- cided to organize a local government, enact temporary laws and choose officers to ad- minister the laws. Mr. Fowler was elected magistrate of the municipality and served without pay. Some further account of his administration appears in Volume 111, history of Fremont county, page 392. As the country progressed and wealth and refinement came, churches and school houses were built, and general prosperity succeeded both in church and state. When Fremont county became settled and improved he was elected county superintendent of schools, in which he served six years. Hle divided the county into school districts, and appointed officers for most of them. In politics he was first a whig, next a republican, and then became a radical pro- hibitionist, an avowed enemy of the liquor trathe, upon which he made war to the ex- tent of his ability. He set about organizing the state of Colorado against it in 1883, and extensive correspondence and effort worked up a strong sentiment in favor of call- ing a state convention at Denver. He wrought untiringly for the party and finally, by re- quest, called the first state temperance con- vention of the state of Colorado. It met pur- suant to call, and was a great success. It or- ganized an association called the Colorado State Temperance Union, which subsequently became the State Prohibition association. Thus he became known as the father of pro- hibition in the state. The party nominated him for state auditor in 1886, and, in 1888, he was placed in nomination for lieutenant-gov- ernor. Now in his old age, looking back over all the past with its interests and aspirations, he finds his chief comfort in religion. IIe is now pleasantly situated in the town of Rialto, Cal. the Raymonds of England, among whom was Lord Raymond, a justice of the King's Bench. Coming down to the last half of the nine- teenth century was Henry J. Raymond, founder of the New York "Times," Benjamin Raymond of Chicago, once mayor of that city, and Minor Raymond, D.D., LL.D., of Evanston university, and author of standard works on theology used in the M. E. church. Mr. Fow- ler, April 12, 1837, married Miss Charlotte Y. Cheesebro, with whom he has lived in great happiness for more than fifty years. He attended the common schools winters and worked on the farm summers, continuing un- til seventeen years of age. Ile then attended an academy two years, which prepared him to teach in the district schools, alternate ses- sions. In his spare time, by careful study, he mastered the material branches of a collegi- ate education. He taught seventeen years, three of them in central Virginia. In 1849 he emigrated via Panama to the gold fields of California, where he mined successfully for a time. and finally took up merchandising at wholesale in Sacramento. Having acquired $12,000 in gold, he returned to his home in the "states," but contracted a terrible fever on the Isthmus at Chagres, from which he did not recover until a year afterward. lle next engaged in the lumber trade at Utica. N. Y., for three years, then sold out and went to Illinois, where he bought. 5,500 acres of government land, which eighteen months later he sold at a profit of $17,500. The ensuing two years were spent in mercantile business. He next invested in Chicago real estate, loaned money there at two per cent. a month, and a year later owned property worth $50.000. Then came a financial crisis in which he lost nearly everything he possessed. Despondent, crushed and almost heartbroken, he sought consolation in religion. A great revival meet- ing was in progress. ITe became an earnest and effective worker in the cause, uniting with the Presbyterian church, and the next year was elected a deacon. In 1860 he set out for Pike's Peak, with three yoke of oxen
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