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 68
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CITY OF DES MOINES AND POLK COUNTY
A law was passed by the General Assembly and approved April 10, 1886, abolishing the Circuit court and reorganizing the judicial districts of the state. By this law Polk county constituted the Ninth district and was accorded three judges-the number later increased to four, and still later-in 1910-to five.
the retirement of Judge Henderson from the circuit court-that court having been abolished-was the occasion of action by the bar association, on June 26, 1886. Judge Connor paid high tribute to the retiring judge. Judges Given and Mitchell spoke in highest terms of their friend and associate. A committee re- ported resolutions highly commending Judge Henderson and his associate, Judge Given. Mr. Runnells delivered a fine eulogy upon the retiring judges.
The closing day of the district court, December 24, 1886, brought with it a surprise for Judge McHenry and District Attorney Wilkinson-the presentation of an elegant seal-skin cap to the judge and a set of Bulwer's works to the dis- trict attorney. A meeting of the association brought out speeches from Messrs. Lehman, Goode, Connor, Kauffman and others and resolutions of respect and regard for the retiring judge.
At a special meeting, December 31, the membership was increased by the addi- tion of many names, including: P. M. Casady, William W. Phillips, W. H. Mc- Henry, Galusha Parsons, J. S. Polk, George G. Wright, C. C. Cole, and other pioneer lawyers, and as many more of the younger attorneys.
In conformity with the new law the new judges met in Des Moines January 5, 1887, to arrange rules, terms, etc., for their future guidance. Polk county, the new Ninth district, was represented by the newly elected judges, Given, Conrad and Kavanagh. The trend of thought was in favor of few and short rules and as much freedom from technicalities as was consistent with sound practice. At the annual meeting of the Bar association, January 24, 1887, the district judges were formally asked to substitute their own rules for the rules then in use.
Following are the officers elected for the year 1887; President, James G. Day ; vice presidents, B. F. Kauffman and A. B. Cummins ; treasurer, J. K. Macomber ; recording secretary, James B. Weaver, Jr. ; corresponding secretary, Crom Bowen ; executive committee, James G. Day, W. L. Read, E. J. Goode, John Mitchell and Fred Lehman.
Seward Smith, a prominent member of the Des Moines bar, was honored in 1887, by appointment as judge of the United States district court, fifth district, with headquarters at the capital of South Dakota. The enormous volume of accumulated work in the district proved too much for Judge Smith's strength, and on his return to Des Moines late in the year 1887, it became evident that his strong mind was weakening. He was taken to the Hospital for the Insane at Mt. Pleasant, where he died, at the age of 57. His remains were brought to Des Moines and on the 21st of December the bar association attended his funeral in a body.
Inasmuch as the meeting of the American Bar, in Washington, early in 1888, had been fixed at a time when all the courts would be in session at Des Moines, it was deemed impracticable to send a delegation to the meeting, and Secretary Weaver was directed to express "the general sympathy of our Bar with the pro- posed movement."
A banquet in honor of Galusha Parsons, in view of Mr. Parsons' early de- parture for Washington Territory, was held at the Savery Hotel, November 8. Judge Connor offered a resolution, which was unanimously adopted, expressing regret in that the professional and social ties of many years were soon to be sev- ered, and appreciation of Mr. Parsons' worth as a neighbor and citizen and his learning, ability and eminence as a lawyer. Mr. Lehman offered the toast "Our Guest of the Evening," to which Mr. Parsons feelingly responded. Mr. Mitchell presented the toast, "Our Judges," with response by Judge Kavanagh. The other toasts of the evening were: "Our Emigrated Brethren," to which Judge Cole re- sponded ; "The Boys who are left behind," by John A. McCall; "The Pioneers of the Profession," by Judge McHenry.
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A special meeting was held January 7, 1889, to take action on the death of James Embree, the first member of the local bar to pass away since the association was organized. Resolutions were adopted, the district court was requested to adjourn for the funeral ; members were chosen to serve as bearers and the associ- ation resolved to attend the funeral in a body. Mr. Embree's courageous struggle against ill health and misfortune drew strongly upon the sympathies of the members.
In 1889, the association elected : President, B. F. Kauffman ; vice presidents, A. B. Cummins and W. L. Read ; secretary, John A. McCall.
At a special meeting February 9, Mr. Cummins, from a special committee on law library, reported that a satisfactory library could be started with $5,000 cash and $3,000 in contributions of books, that about $450 would be required annually to renew sets, etc., and that the library should be organized on a commercial basis ; that sixty or more subscribers would be required, at a rate of $25 a year for each individual and $50 for each firm.
The retirement of Judge Given from the district bench gave rise to a discus- sion as to the successor, which led to the adoption of a resolution offered by Judge Wright that the entire bar of the county be requested to attend a meeting to determine the choice of the bar for the vacant judgeship.
A meeting was held March 16, at which the members greeted Hon. S. V. White of Brooklyn, N. Y., a distinguished member of the early bar of Des Moines. Mr. White in a few happy remarks, said he owed much to the training he had received as a member of the Polk county bar. The pioneer lawyer at an early day was expected to be able to cope with the question of treason, or meas- ure the damage done by a hog breaking into a garden! He pleasantly alluded to Senators Allison and Wilson, Judge Nourse, "Tom" Withrow, John A. Kasson, Clay Caldwell, Judges Miller, Dillon and McCrary, the young giants of the Iowa bar in his time.
Mr. Kauffman, from a committee on resolutions, paid high tribute to Judge Josiah Given, for many years on the circuit and the district bench, who had re- cently been appointed chief justice of the supreme court of Iowa, commending the judge's fidelity and impartiality and testifying to his ability and fitness for the high position to which he had been called.
The death of L. G. Bannister brought the association together July 6. Resolu- tions were adopted, and Mr. Harvison was appointed to present them to the dis- trict court and Mr. Dudley to the supreme court.
In July, E. J. Goode and N. T. Guernsey were selected as the association's first delegates to the annual meeting of the American Bar Association.
A special meeting was held January 2, 1890, to take action on the decease of George F. McLelland, and to attend the funeral.
At the annual meeting, January 30, 1890, the following officers were elected : President, A. B. Cummins ; vice presidents, William Phillips and John M. Read ; secretary, S. S. Cole; treasurer, W. A. Park.
A Well-intended Non-partisan Movement.
A movement for a non-partisan judiciary was held at the Savery Hotel, June 6, 1890, with President Cummins master of ceremonies. The members, about sixty, were there to consider the question of a commitment of the association to a non-partisan local judiciary to be selected by the bar of the county. President Cummins presented the question, "What is the duty of this association with re- spect to the selection of candidates for judicial positions in this county?" The sub- ject was informally discussed. Resolutions were presented by Chairman Dudley of the committee on legal reform, to which one amendment after another was submitted only to be voted down. After prolonged debate the resolutions, slightly amended, were carried. These were based upon the theory that members of the bar, having the most favorable opportunity to discover the merits of can-
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didates for judicial position, representing every variety of interests to be affected in the administration of laws, and having "no purpose to serve except to secure an able and upright judiciary" were the best judges as to the fitness of candidates for the judicial office."
The resolutions committed the association to the recommendations made, each member voting for three candidates, not more than two of whom should be of the same political party ; a two-thirds vote necessary to the selection of a can- didate, no member to be a candidate without first receiving the recommendation of the association.
A special meeting was held on June 21, for the selection of three candidates for district judge. On an informal ballot, there were forty-nine ballots cast, each containing three names. Of these, 34 were cast for C. A. Bishop, 32 for W. F. Conrad and 13 for W. L. Read.
An adjourned meeting was held in the evening. While a committee was out searching for Judge Conrad, the judge appeared. On being interviewed he de- clared himself opposed to the principle lying at the bottom of the bar movement, opposed to the resolutions adopted by the association, and declined to say that he would abide by the action of the association. The ballots already taken in the afternoon were therefore destroyed without being counted.
The committee sent to interview Judge Conrad reported favorably, but still somewhat in doubt-on the judge's acceptance of the bar nomination, and so Conrad's name was included in the ballot, which resulted in 30 votes for Bishop, 22 for Conrad and 20 for W. L. Read. Bishop having the requisite two-thirds vote, was declared a nominee. A third ballot gave the nomination to W. L. Read. Seven ineffectual ballots were taken for the third nomination and the meeting adjourned. June 23, the association reconvened. A communication from Judge Conrad was read, in which he stated that having served one term on the bench, he preferred to run solely on his record. He repeated his conclusion that the ac- tion of the bar was wrong in principle.
On the twelfth ballot-the third at the adjourned meeting, J. H. Detrick was declared the third nominee. Committees were appointed to present the names of Bishop, Read and Detrick to the nominating conventions, and to the public through the press.
At a called meeting September 27, a paper was circulated for signatures af- firming approval of a non-partisan judiciary, and pledging effort and influence in aid of the election of the three men recommended. The paper received seventy- four signatures. A committee of ten was named to present to the people of the county the names of the three men recommended; and the executive committee with this auxiliary, was "instructed to use all honorable means and adopt all proper measures, consistent with the dignity of the association, to secure the election of the three candidates named."
The movement of the association was not well received by the public. Early in October, N. E. Coffin, chairman of the Polk County Republican committee, wrote J. K. Macomber, a member of the association, asking him if he was in favor of what was known as "the bar movement." The inquiry gave Mr. Macom- ber the opportunity he evidently desired. He published a lengthy response in which he denied having anything to do with the movement, or any sympathy with it. He regarded it as "the attempt of a few firms of lawyers to control the judic- iary of Polk county."
The bar association held a public meeting at the Grand Opera House on the evening of October II, with Judge Day in the chair. Colonel Gatch, Judge Nourse, Mr. Dudley and Mr. Henry explained the attitude of the bar. The News says "the speeches were good, the applause generous; but there was the lack of that genuine enthusiasm so noticeable in popular movements." A second public meeting of the association was held in the Capital City Opera house, on the 28, at which President Cummins ably presented the case of the association. He was followed by A. P. Chamberlain and Colonel Gatch, both paying their respects to the city newspapers that "had misrepresented the motives of the association."
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Then followed the election, November 4, and the complete repudiation of the movement by the election of Judges Conrad, Holmes and Balliet, over the bar nominees. Thus ended in humiliating defeat a movement well intended for the elevation of the judiciary above the plane of partisan and party politics,- a movement anticipating by several years the non-partisan spirit of the Des Moines plan-a spirit which, at least in the matter of selecting judges, might well be extended to the county and the state.
The sad occasion of the meeting of December 30, 1890, was the death of a charter member and one of the most influential members of the association, Hon. John Mitchell. It was arranged that the bar attend the funeral in a body, and present suitable floral offerings. At a special meeting held January 5, 1891, resolutions were adopted for presentation to the several courts, expressive of sorrow over the loss the association had sustained. The resolutions note that Judge Mitchell, who came to Des Moines a young man, had served the city, county, state and nation, with marked fidelity and ability. Exemplary in private life and distinguished in public service, he was universally loved and respected.
At the annual meeting for 1891 held February 7, the following officers were elected : President, C. A. Dudley ; vice presidents, John A. McCall and W. W. Phillips; secretary, John H. Blair.
The death of Judge Whiting S. Clark called the association together April 27. Arrangements were made to attend the funeral on the following day. The resolutions reported later, bore testimony to the worth of Whiting S. Clark "as a man, citizen, soldier and lawyer."
The sudden death of T. E. Brown next brought the members together, on the 5th day of May, the date of the funeral.
In August, C. A. Dudley and Thomas A. Cheshire were elected delegates to the American Bar Association.
James Harvey Phillips died on the 15th of September. Though not a mem- ber of that organization, it was decided to attend his funeral in a body.
E. J. Ingersoll was next to pass away. A meeting, October 31, was ad- dressed by Judge Cole and others and resolutions were read.
At the annual meeting for 1892, held January 30, the following officers were elected : president, William Connor; vice presidents, W. L. Read and C. A. Bishop; secretary, F. S. Dunshee; treasurer, C. L. Nourse.
Law Reforms Proposed.
At a meeting held February 6, the question of law reform came to the front. Judge Day made report with especial reference to the relief of the supreme court.
I. An additional judge.
2. That the presence and concurrence of three judges only should be neces- sary to a decision, the opinion showing the judges who concurred in it.
3. In case of disagreement, the three should submit the case to the whole court, the concurrence of four being necessary.
4. In case of an equal division, the decision appealed from to be affirmed, the decision having no force, however, as precedent.
5. Petition for rehearing to be presented to the judges who determine the case.
Several expedients for relieving the court in the matter of rehearings were recommended.
It was recommended that constitutional questions and those involving the validity or construction of statues should be presented to the entire court, or a quorum-a quorum to consist of four members.
The report was signed by Messrs. Day, Kauffman, Berryhill, Bowen and Read (W. L.)
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At an adjourned meeting it was voted that the committee urge upon the leg- islature the adoption of these recommendations, and to call the attention of that body to previous recommendation.
A banquet given by the association at the Savery on the evening of May 26, 1892, was an unusually successful affair. President Connor as toastmaster brought out speeches from Judges Woolson, Wright and Nourse. Judges Roth- rock, Kinne, Robinson, Given and Day, were guests of the club. It is noticeable that less than a score of years later, all these supreme court judges save one -Judge Robinson --- had passed away. And, of the three speakers named, but one, Judge Nourse, survives.
At an executive committee meeting September 2, the committee decided to recommend to the district judges the adoption, in substance, of two rules as follows :
I. That members of the bar should not attempt to hold any conversation with the judge on the bench on other than official business, "and not at all ex- cept by arrangement with counsel who has the floor."
2. That a penalty of $3 be taxed as costs against the losing party in all cases of demurrers or motions attacking pleadings."
In November, following, Judge Given called the district judges together to consider the changes made in the laws and their effect upon the practice.
At the annual meeting, January 28, 1893, Crom Bowen was elected presi- dent ; J. M. St. John and W. A. Park vice presidents; F. S. Dunshee, secretary ; C. L. Nourse, treasurer. A committee of three was appointed to communicate with other associations relative to a reorganization of the State Bar Association.
The death of Thomas F. Withrow, in Chicago, February 3, called the mem- bers together February 4. The chair appointed the following named members as its representatives at the funeral: C. C. Nourse, J. S. Polk, C. A. Dudley, C. A. Bishop, C. H. Gatch and J. R. Barcroft. Resolutions were passed expressive of the high esteem in which the deceased was held, by his old-time associates. Mr. Withrow came to Des Moines soon after the location of the Capital, and from that time until he was called to Chicago, to the highest legal position in the Rock Island system, he was foremost in all patriotic and philanthropic move- ments, and a recognized leader in the bar of Iowa. He died at the age of sixty.
In a personal letter to Judge Wright dated Chicago, March 10, 1893, Mrs. Withrow wrote that no words had touched her more deeply than the resolutions passed by the Polk County Bar. "These resolutions," she adds, "prove that Mr. Withrow was most fortunate in possessing such kind and noble friends as those among whom he passed the years which make up his Iowa experiences, and I know he counted among his sweetest memories the warm hand clasp and sincere friendship which you and his other friends so often extended to him."
On February II, the recent death of Judge W. W. Williamson called forth resolutions drafted by Judge Connor, paying tribute to the deceased as "an hon- orable and honored citizen, an upright and conscientious judge, a capable lawyer and a kind and indulgent husband and father." Mr. Kauffman reviewed the long and varied career of Judge Williamson and paid tribute to his worth as a man and his public spirit as a citizen.
The association was profoundly grieved in May, by the death of B. F. Kauff- man, one of its strongest and most active members. Nearly every member at- tended the funeral. The association was convened on the 20th when resolutions read by Mr. Gummins were adopted, expressing keen appreciation of the asso- ciation's third president. The resolutions paid tribute to Mr. Kauffman's rare ability as a lawyer, "his analysis keen and perspicuous, his judgment sound and comprehensive, his reasoning strong and convincing, his language copious but clear, simple but eloquent." In the more sacred region of friendship, the vacant place was declared to be permanently vacant, "and the memory of his pure and
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upright life, his encouraging word, his helpful hand," rested like a benediction upon every member of the association.
The death of Judge William H. McHenry was another occasion of deep grief to the association. The judge was one of the pioneers of the Iowa bench and bar, and a man of strong individuality and great personal popularity. The association was called together September II, to arrange to attend the funeral in a body. It was arranged that the members of the association march together from the house to the cemetery. At a special meeting held later, resolutions were adopted for presentation to the courts, paying high tribute to the ability, sterling integrity and personal worth of the deceased.
The annual election, January 27, 1894, resulted in the selection of C. L. Nourse, president ; vice presidents, W. W. Phillips and Hugh Brennan ; secretary, Jesse A. Miller ; treasurer, C. W. Johnston.
The death of Thomas S. Wright, in Chicago, came with the force of a personal loss to the younger members of the association-the generation closely following in the footsteps of the pioneer lawyers. A meeting was called for July 28, '94, to arrange to attend the funeral on the following Sunday. C. A. Dudley, T. S. Stevenson, George H. Lewis, Judges Day and Connor were named on committee to present a suitable memorial to the courts. A committee headed by. N. T. Guernsey was appointed to meet the remains at the depot and accompany them to the home of Judge Wright.
An informal reception was given by Judge and Mrs. W. E. Miller on the oc- casion of their golden wedding on the first day of August. Messrs. Park, Hume, McCaughan, St. John and Phillips were appointed to represent the association on that occasion, and, in its name to present the judge a hundred dollars.
The resolutions prepared by Mr. Dudley in memory of Thomas S. Wright were presented at the opening of the court July 31, and brief addresses were delivered by Judges Day and Connor, A. B. Cummins, George H. Lewis, C. H. Gatch and N. T. Guernsey. The resolutions referred to Mr. Wright's great natural ability supplemented by careful preparation and discriminating reading. They referred to his career as ennobled by "the most sacred observance of his oath as an attorney."
C. H. Gatch and A. B. Cummins were delegates to the American Bar Asso- ciation in 1894.
The death of H. Y. Smith, on the 4th of November, brought the members together on the 6th. It was ordered that all members of the association meet at I:30 on the day of the funeral and attend in a body. The usual committees were named to draft resolutions and present them in the several courts.
A meeting of the State Bar, in Des Moines December 27, to organize a State Association was favored by the local body and arrangements were made for rep- resentation, and for the reception of visitors on that occasion.
The election of officers for 1895, February 2, resulted in the election of Judge Phillips, president; N. T. Guernsey and W. A. Park, vice presidents ; Nelson Royal, secretary; A. K. Stewart, treasurer.
The death of Hugh W. Maxwell in Des Moines December 6, 1894, was men- tioned by President Phillips who read resolutions which had been prepared by him as chairman of a committee appointed by the district court. The resolutions bear testimony to the Judge's worth as a man, the purity of his character and his faithfulness as a lawyer.
The last entry in the old record book of the Des Moines Bar Association bears date July 6. 1905, showing a hiatus of more than ten years between the old and the new. On the date named, Henry H. Griffith, recording secretary, states that the record book had just come to hand from J. B. Ryan, former secretary of the association, who informed him that after his election, three years ago, he had dif- ficulty in finding the book; that former secretaries had kept no minutes of meet- ings. Authorized to buy a new record book and preserve the old one, he had made this memorandum to explain the break in the record.
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After a Lapse of Nearly Twelve Years.
A special meeting called by the president, Howard J. Clark, was held at the court house, March 15, 1906, to take action in relation to the death of Judge LaVega G. Kinne. A floral committee and a committee on resolutions for the presentation of memorial addresses to the courts were named. The committee on resolutions was Charles A. Bishop, J. C. Hume and E. E. Clark.
A special meeting was called June 2, to arrange entertainment for the forth- coming meeting of the State Bar Association. At a meeting of the executive committee, June 23, N. E. Coffin was selected to deliver the address of wel- come. A committee of arrangements was created with R. L. Parrish, chairman, a reception committee, with Howard J. Clark, chairman, and a committee on entertainment with T. A. Cheshire, chairman.
At a special meeting held January 19, 1907, George F. Henry, chairman of the committee appointed to draft a bill for the selection of grand and petit jurors, moved that his bill be read and considered by sections. Mr. Noble moved as a substitute that the bill be approved and referred to the General Assembly for its approval. Finally on motion of Mr. Henry the subject was made a special order on the 26th.
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