USA > Iowa > Polk County > Des Moines > Des Moines, the pioneer of municipal progress and reform of the middle West, together with the history of Polk County, Iowa, the largest, most populous and most prosperous county in the state of Iowa; Volume I > Part 66
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"I am not sorry I began here. I have made a great sacrifice, if seen from a business point, but no sacrifice from the moral standpoint. I have preached temperance, righteousness and judgment to come-and now. We have had some cheerful times, and much to try my patience. I think I do not rely enough on the sympathy of others to win their real friendship."
Rev. Leon A. Harvey, in his memorial address June 10, 1894, the Sunday fol- lowing Dr. Hunting's death, refers to the subjective note at the close of the quo- tation above made, and says: "We are glad to believe that in this he was mis- taken." The other addresses delivered on that occasion all leave the impression that Dr. Hunting underrated his hold on the people to whom he ministered.
The movement for the founding of a Unitarian church in Des Moines began in 1877. The Iowa Unitarian association secured the services of Rev. John R. Effinger, of St. Paul, as its state missionary, and he at once established head- quarters in Des Moines and commenced work there and at other points in the state. The first meeting was held by him June 3, 1877, with about thirty persons present. Other meetings were held from time to time and on August 5, 1877, the church was organized, nine persons signing the bond of union. At the next meeting ten others joined, and in two years the number increased to forty-two actual members, with many more in the parish as regular attendants at the church services. Mr. Effinger divided his time between the state missionary work and the new church at Des Moines; but late in 1879 he resigned to accept a call from the Unitarian church at Bloomington, Illinois.
Rev. Sylvan S. Hunting, then at Davenport, held occasional services at Des Moines, commencing early in the year 1880, and in the fall of that year became the resident minister. He at once actively took up the work of organization, the membership being considerably increased, and the movement for the erection of a church building being undertaken. Mrs. Mary H., wife of Judge George G. Wright, generously gave the lot at Fifteenth and Linden streets. The little society raised some $6,000 for the building; and the American Unitarian asso- ciation made a loan from its building fund to complete the structure, which was dedicated December 3, 1882; Rev. Oscar Clute of Iowa City preaching the dedi- catory sermon.
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Dr. Hunting remained with the church as its minister for six years, suc- ceeded in September, 1886, by Rev. Ida S. Hultin, who was minister of the church for five years. Miss Hultin was a preacher of remarkable ability and force, and attracted large congregations. The church gradually increased in membership under her ministry.
In September, 1891, Miss Hultin was succeeded by Rev. Leon A. Harvey, who came to Des Moines from Cincinnati. He was active in all the philan- thropic movements of the city. He was president of the Associated Charities and helpful in other lines of work. In the summer of 1897 he accepted a call to an eastern church, and for about a year the society was without a minister. Then Rev. Oscar Clute supplied the pulpit for some time.
In September, 1899, Rev. Mary A. Safford left a long and successful pas- torate at Sioux City to take up active missionary work for the Iowa Unitarian association. She came to Des Moines, bringing with her Rev. Marie H. Jen- ney, her brilliant young assistant at Sioux City. They accepted a call from Des Moines, and immediately undertook the task of renewing the active life of the church. Under their combined ministry the church prospered steadily and increased in numbers as never before.
Miss Jenney resigned in 1902, and married Frederick C. Howe of Cleveland, the distinguished author of works on municipal affairs.
In June, 1902, at the twenty-fifth anniversary of the founding of the church, the building had been greatly improved and all indebtedness had been paid. Immediately a movement for a new building was undertaken. The large lot at Eleventh and High streets was bought, and on September 4, 1904, the corner- stone of the new building was laid. Through the kindness of the Hebrew con- gregation, the society held services in the temple at Eighth and Pleasant streets for several months during 1904-5. Her arduous work for the State association and for the Des Moines society overtaxed Miss Safford, and during the winter of 1904-5 she was very ill, Rev. Eleanor E. Gordon officiating during most of that year. Miss Safford had only recovered sufficiently to be able to assist at the dedicatory services, held in the new church on April 30, 1905. She continued in charge of the church until January I, 1909, when a leave of absence was given her and she took an extended trip abroad. Rev. Gertrude von Petzold, formerly of Leicester, England, was acting minister from that time until July, 1910, when she returned to England. On her return from Europe, Miss Safford declined a call to the active ministry of the church, and was elected pastor emeritus in August, 1910. After hearing a number of min- isters the succeeding fall and winter, the church called Everett Dean Mar- tin, formerly of Dixon and Chicago-a brilliant and scholarly preacher, and a man of profound sympathy with men.
From a little band of nineteen members in 1877, the society has grown to about two hundred members, with a parish including some four hundred people.
It has a well equipped and modern church building erected at a total cost of about $35,000, all of which is paid. It has no indebtedness of any kind. In addition, it has well started a fund for the securing of ground for additional buildings or for the purchase of a parsonage. It has an active Sunday school; its Unity Circle is one of the best known and most largely attended of the women's clubs of the city; its young people are doing effective work in their Unity Guild ; and the men have a vigorous Unity Club.
Press of official duties has compelled the resignation of Mayor James R. Hanna as chairman of the board of trustees after six years of service. The present board is composed of Mesdames H. L. Carrell and F. C. Waterbury, Miss Florence A. Harsh, and Mesrs. Homer A. Miller, Jansen Haines, M. M. Pratt, J. B. Herriman, Franklin Brown and H. H. Griffiths.
The work of the Unitarian society was preceded by a Universalist organiza- tion, with which were associated Unitarians and Hicksite Quakers under the leadership of Revs. T. C. Eaton, W. W. King and J. P. Handford.
B. J. Radford
A. P. Cobb
Corydon E. Fuller
J. W. Mouser
John Encel
Alvin I. Hobbs
John C. Hay
James E. Gaston
Finis Idleman
GROUP OF CHRISTIAN CHURCH PASTORS
CHAPTER XII.
THE CHRISTIAN SCIENCE CHURCH.
The Christian Science church in Des Moines was organized in 1892, and held its first services in the old First Baptist church. Later the services were held in the Redhead building. In' '96 they were held in the Y. M. C. A. audito- rium. In 1900 a church building fund was started. Two years later the society bought a lot on Eighth street, and in 1903 was erected the capacious church now occupied. The outer walls are of gray brick and stone. The interior woodwork is white enamel finish. The interior walls are of ivory and buff. The building has a seating capacity of about 700. The church cost about $30,000. The building was dedicated January 12, 1908, with about 225 members. The mem- bership has since increased to about 250. The dedicatory services were con- ducted by Arthur J. Allen, first reader, and Mrs. Victoria G. McCord, second reader. The dedicatory address was delivered by John L. Rendall, chairman of the official board and prominent in the councils of the church at large.
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BOOK III. DES MOINES.
PART VII.
THE LEARNED PROFESSIONS.
I. THE LAW.
CHAPTER I.
BENCH AND BAR OF DES MOINES.
When Fort Des Moines became Des Moines, William M. Stone, of Marion county, was on the district bench in the fifth district, and had held several terms of court in the Capital City. In '58 Judge Stone was legislated out of Polk, but continued to serve until 1861, when he resigned to enter the service. In 1860 both candidates for the judgeship were residents of Des Moines, M. M. Crocker, democrat and John H. Gray, whig. Gray was elected, and later re-elected. He died during his second term. Charles C. Nourse, also of Des Moines was ap- pointed to fill the vacancy. After about six months' acceptable service on the bench, in 1865, Judge Nourse resumed the practice of the law. In 1866 Hugh W. Maxwell was appointed his successor, and in 1866, later, was elected, and re- elected. During all this period the district included five counties besides Polk. John Seward, of Winterset, succeeded in '74, but in '78 was defeated at the polls by William H. McHenry, Sr., of Des Moines. Though a member of the minority party, Judge McHenry was easily re-elected in '82.
In 1868, the circuit court was created, with exclusive probate jurisdiction,1 and with concurrent civil jurisdiction with the district court. John Mitchell was the first circuit judge in this the seventh district. He was twice re-elected. His successor, Josiah Given was elected in '80 and re-elected in '84. The circuit court was discontinued after January 1, 1887.
In 1886, Polk county was the ninth district, and was given three district judges. Josiah Given, William F. Conrad and Marcus Kavanagh were elected that year. In '89 Judge Given resigned to fill an appointment on the supreme bench, and Charles A. Bishop succeeded by appointment. In 1890, William F. Conrad, Calvin P. Holmes and Stephen F. Balliett were elected. In '94, the district was given an additional judge, and William A. Spurrier was appointed. Later, Judge Conrad, Holmes and Spurrier were elected and with them Thomas F. Stevenson. In '98, Judges Conrad and Holmes were re-elected and along with them were elected Charles A. Bishop and S. F. Prouty. In 1902, A. H. McVey, W. H. McHenry, James A. Howe and C. P. Holmes were elected. Judges McVey and McHenry had previously been appointed to fill vacancies. In 1906, Hugh Brennan, W. H. McHenry, Jesse A. Miller and James A. Howe were elected, Judge Brennan having previously been appointed to fill a vacancy.
In 1910, Charles L. Bradshaw, Hugh Brennan, Lawrence DeGraff, and W. H. McHenry were elected, Judge DeGraff having been appointed to fill a vacancy. In 1911, Governor Carroll appointed James P. Hewitt to the fifth judgeship created by the General Assembly.
1 Probate jurisdiction had formerly been given the county judge, and prior to 1851 had been cxercised by a probate judge.
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CHAPTER II.
THE LAW SCHOOLS OF DES MOINES-IOWA'S PIONEER LAW SCHOOL.
In 1866, a vigorous effort was made in the general assembly of Iowa to found a law department of the State University, but the measure failed; "and," as the Western Jurist says, "it was left to private enterprise to found the first Iowa law school." The enterprise was in excellent hands.
Two able and public-spirited justices of the supreme court, George G. Wright and Chester C. Cole, became interested to the extent of jointly directing the studies of the few, chiefly residents of Des Moines, who enrolled themselves as students. Commencing in November, 1865, with only two students, the number steadily grew to twelve, or thereabouts. Three evenings a week were spent by the instructors in examining the students on their readings, and in ex tempore comment on the subjects developed in the readings and on correlated subjects.
The failure of the general assembly to act determined the managers of the school at the State Capital to make the local institution general and to establish it on a permanent basis. In a circular announcing their new purpose, they said : "Unpretending in our efforts and promises, our hope is to contribute somewhat in. advancing the student in his studies, and at the same time benefit ourselves by the undertaking."
Editor Hammond in the Jurist of December, 1868, pays well-deserved tribute to the two men who freely gave of themselves in aid of the project. He remarks on the harmony with which these twain became one, each supplementing the other in the difficult task undertaken.
"The former," he says, "came to Iowa at the commencement of his profes- sional life, and at a very early period in the history of the territory. For thirty years he has been identified with that history, taking an active and leading part in every good work, and especially in the promotion of education, and of justice. After a very successful career at the bar he was elevated, while still a young man, to the chief justiceship of the supreme court, a position which he retained and honored until it ceased to be permanently held by one person, under the new constitution. With the exception of a few months in 1860 he has occupied a seat on the supreme bench for fourteen years, and has undoubtedly done more than any other man, living or dead, to mould the jurisprudence of our young state, and to give it the honorable name which we may justly claim for it. Endowed with an intellect singularly clear and acute, and remarkable powers of analysis, the whole character of his mind is eminently judicial, and happily framed to impress upon students the principles of that science which he has so long and so ably ad- ministered."
"Judge Cole on the other hand, had been, at the time we speak of, but a year or two on the bench, and was best known throughout the state as a remarkably successful advocate. For some years previous he had enjoyed one of the largest practices in Iowa, the extent of which is singularly evidenced in the reports by the large proportion of cases decided in 1864-5 in which he was precluded from sitting by having been of counsel. The leading qualities of his mind are energy and concentration: even on the bench, and in delivering judgment, he presses home a point with the force and directness which made him so effective before a jury. Coming thus fresh from the contests of the bar, his instructions were
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admirably calculated to arouse the interest of students and train them for the expert and effective use of their acquisitions.
"The two teachers therefore had each his peculiar work in forming the pro- fessional character of the young men under their tuition. One represented the judicial, the other the forensic mind; one formed the judgment, and the other disciplined the active powers."1
At the end of its first school year, the Iowa Law School at the State Capital was formally incorporated. Its corporate members included all the federal and state judges, and many ex-judges of Iowa, also leading members of the state bar.
On December 4, 1866, Chief Justice Lowe of the supreme court, conferred the degree of Doctor of Laws upon the twelve members of the first graduating class. These had been previously examined by a committee designated by the court, and on the committee's recommendation the twelve were admitted to prac- tice in the courts of the state. The committee found the examination "alike creditable to the numbers of the class and honorable to the learned and distin- guished gentlemen who" had "taken upon themselves the task of instruction." The committee expressed the belief that the successful inauguration of the Iowa Law School marked "an epoch in the jurisprudence of the state," permanently raising the standard of professional education in Iowa. In behalf of the bar of the state, as well as themselves individually, they expressed "their obligation to Judges Wright and Cole for this great service, and their earnest wish that the school founded by them may have a long and prosperous career under their super- vision."2
The second school year began auspiciously, with William G. Hammond as a member of the faculty. Mr. Hammond had in 1866 removed from Anamosa, Iowa, to Des Moines, and in 1867, had founded The Western Jurist. He was a man of marked ability, as his subsequent career indicates.
This addition to the faculty enabled the school to continue without interrup- tion during the enforced absence of the supreme court judges, and gave the stu- dents a wider range of instruction. A class of nine completed the course during the second year. By a re-arrangement of the course, the third class-eleven mem- bers-entered the school in September, 1867, and graduated in June, 1868. Though the attendance was not materially increasing, the fame of the school was extending. Letters and formal applications indicated a class of about twenty in the fall.
But, meantime, it happened that the general assembly of 1868, finally waking to the possibilities of the State University, appropriated $20,000 for the pur- pose of establishing a law department in connection with that institution. The university trustees met in June, 1868, and voted to carry out the purpose of the legislature and appointed a committee to execute that purpose. The trustees established a two-year course, placing the tuition fee at $150.
The position of resident professor and director of the department was ten- dered Mr. Hammond, of the Des Moines Law School; but he declined the honor feeling convinced, from his experience in the Des Moines school, and from cor- respondence with law students throughout the state, that a two-year course would prove to be too long and expensive to be successful, and that a fee of $80 was none too small, under the then existing circumstances. After several interviews and much correspondence, the committee abandoned the two-year course for the time- being, and a plan was matured which resulted in the absorption of the Des Moines school by the State University, and the transfer of Dean Hammond from Des Moines to Iowa City, and to the headship of the law department of the State University. Judges Wright and Cole retained their relations with the instituton, having contracted to "spend a considerable part of each term" in pursuing in- structional work.
1 Western Jurist, 1868, pp. 329-30.
^ Western Jurist, 1868, p. 331.
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The Jurist comments on the unselfish course of Judges Wright and Cole. "They had spent much time and labor in building up their school, and had just reached the point where they could hope to see it become remunerative. In giv- ing it to the university without compensation, they unquestionably made that in- stitution the most valuable donation, even in a pecuniary sense, it has ever re- ceived from private individuals. Their appointment as professors in the depart- ment, so far from being any consideration for the gift, constituted an additional benefaction, since the salaries they receive come entirely from the tuition fees earned by the department, and must for years to come be scarcely more than a nominal reward for so much time and labor, away from home, as these gentlemen devote to their respective chairs."
On the 17th of September, 1868, commenced in Iowa City the fourth year of Iowa's pioneer law school, and the first year of the law department of the State University.
The success of the new law department is attested by the fact that during the year closing June, 1871, there were forty-five students in the law class, twenty- six of whom graduated. Judge Cole, in the Jurist, editorially says: "We have personal knowledge of the legal attainments of the graduates, and predict for each of them a bright future in the profession."
Des Moines' Second Law School.
A second law school in the Capital city was announced in the Jurist of June, 1876, as "the law department of Simpson Centenary College." The faculty an- nounced was as follows :
President, Rev. Alexander Burns, D. D.
Dean of the faculty, Hon. C. C. Cole, LL. D.
Professor of Real Property Law, etc., Hon. George G. Wright, LL. D. Professor of Pleading and Practice, Equity Law, etc., J. B. Bissell, Esq.
Professor of the Law of Corporations, Torts, etc., J. S. Runnells, A. M. Professor of the Law of Bailments, Insurance, etc., Galusha Parsons, A. M. The college was announced to open September II, 1875 ; the winter term Jan- uary 5, 1876; the spring term March 27, and the commencement exercises to occur, June 15, 1876. The tuition fee was $50 a year, or $20 a term, students were to be entered without examination. The regular course was to cover a year.
The Iowa College of Law was organized in 1875, and was for six years a de- partment of Simpson College, at Indianola, Iowa. In 1881, at the time of the organization of Drake University, the Iowa College of Law ceased to be a department of Simpson College and affiliated with Drake University. The first dean of the College of Law, as a department of Drake University, was George H. Lewis, who served from 1881 to 1883. His successors were A. H. McVey, who served from 1883 to 1888; Andrew J. Baker, from 1888 to 1890; Josiah Given, from 1890 to 1892; C. C. Cole, 1892 to 1907. In January, 1907, the present incumbent, Edward Baker Evans, became dean of the school. Prior to being made dean, Mr. Evans had occupied the position of secre- tary and professor for five years. The College of Law continued as an affiliated school until 1902, when it became one of the regular colleges. The growth of the Law School has been continuous. During the school year of 1908-1909 the attendance of the Law College was 135. The attendance for the year 1909-1910 shows an increase over that of preceding years. The College of Law occupies a brick building erected for the Law School on the main campus. It was built in 1904, and is named Cole Hall, after the dean emeritus, Judge C. C. Cole, who for so many years was in active control of the school, and who was the founder of the pioneer Law School of Des Moines. On the first floor there are four large lecture rooms, three offices and two cloak rooms. On the second floor are the library and reading rooms, the assembly room (court room), one class room, and the dean's office. The college library is located in five well-lighted rooms on the second floor of the law building. It contains about four thousand volumes, one
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CITY OF DES MOINES AND POLK COUNTY
thousand being added during the school year 1910-191I at an expense of $3,500. Here may be found two full sets of the Iowa Reports ; the entire Reporter System, covering all the leading cases in the supreme courts of every state in the Union ; the Federal Reporter and Digest; the United States Supreme Court Reports ; the Supreme Court Reporter ; the American Digest; the American and English En- cyclopaedia of Law; the Encyclopaedia of Pleading and Practice; the American Decisions ; the American Reports; The Encyclopaedia of Evidence; the Century Digest, and many other standard reference works, and every facility is afforded them to their work or engage in besides the usual law text-books. Commencing thirty-six years ago, with only a few students, the college roster for 1911 num- bered three post graduates, thirty-seven seniors, forty-one juniors, forty-three freshmen and five unclassified students.
Vol. I-31
CHAPTER III.
THE PIONEER LAW JOURNAL AND THE PIONEER STATE BAR ASSOCIATION OF IOWA.
The Western, Jurist, Des Moines, William G. Hammond, editor, Mills and Company printers,-a well edited and relatively long-lived special publication, came into being in Des Moines February, 1867. It began as a bi-monthly pub- lication. Its editor's evident purpose was to publish in every number a few original papers, addresses or speeches, on subjects of interest to the profession and to students of the law; these followed by reports of important cases tried in other states; then in finer type, to give a comprehensive digest of recent Iowa decisions ; these followed by an abstract of recent decisions in the United States courts, the courts of other countries and other states, concluding with reviews of new law books.
The initial number fitly opens with Hon. George G. Wright's remarks to the graduating class of the Iowa Law School,1 December 1, 1866.
The August number contains a favorable review of Thomas F. Withrow's "Reports of Cases in Law and Equity Determined in the Supreme Court of Iowa." 2 The critic3 notes with satisfaction Mr. Withrow's improvement in facilitating references to portions of opinion, an improvement now generally practiced --- namely, side headings with their appropriate numbers, placed in the margin of the opinion, each adjacent to that portion in which the proposition is discussed.4
In October, "The Constitutional Protection of Vested Rights" is thoroughly considered by T. M. C[ooley], also "The Iowa Justice," by Charles H. Conklin, late judge of the 8th judicial district, a work apparently much needed at the time.4
"The Judiciary System of Iowa," by T. F. W [ithrow] has the place of honor in the December number. The same number includes a review of "Reports of Cases in Law and Equity determined in the Supreme Court of the State of Iowa." by Edward H. Stiles.4 Taking up the reports where Mr. Withrow left off, Mr. Stiles maintains the high standard of his predecessor.
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