USA > Iowa > Dickinson County > History of Emmet County and Dickinson County, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 21
USA > Iowa > Emmet County > History of Emmet County and Dickinson County, Iowa, a record of settlement, organization, progress and achievement, Volume I > Part 21
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45
"To establish justice" was written into the Federal Constitution by the founders of the American Republic as one of the primary and para- mount purposes of government. To establish a system of courts in which the safety of persons and the rights of property shall alike be securely safeguarded! The founders of the republic also showed their wisdom in separating the functions of government into the three departments- legislative, executive and judicial-the first to enact, the second to execute and the third to interpret the nation's laws. States have copied his sys- tem and in every state there is a Legislature to pass laws, a Supreme and subordinate courts to interpret them, and a governor as the chief executive officer to see that they are fairly and impartially enforced.
The law is a jealous profession. It demands of the judge on the bench
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and the attorney at the bar a knowledge of the law, a respect for the rights of litigants, and a conscientious effort to interpret rightly the laws of the land, that wrongs may be righted, offenders punished, and the administration of justice secured-"speedy, substantial, efficient, equit- able and economical." Within recent years some rather caustic criticisms have been passed upon the courts for their delays, and a great deal has been said in the public press about "judicial reform." Possibly some of the criticisms have been well founded, but should the entire judiciary sys- tem be condemned because here or there some judge has failed to measure up to the proper standard? Or should the legal profession be held up to ridicule and contempt because an occasional attorney has adopted the tactics of the shyster or pettifogger? Remember, there was one Judas among the twelve chosen apostles.
It should be borne in mind that a large majority of the courts are presided over by men of ability and character. And in exercising the right of free speech or free press, it should not be forgotten that many of the great men in our national history were lawyers, John Marshall, one of the early chief justices of the United States Supreme Court, was a man whose memory is revered by American people and his opinions are still quoted with confidence by members of his profession. Thomas Jeffer- son, Robert R. Livingston and James Monroe, who negotiated the Louisiana Purchase and gave to their country an empire in extent, were lawyers. Daniel Webster, Henry Clay, Thomas H. Benson, Salmon P. Chase, Thomas M. Cooley, Stephen A. Douglas, and a host of other eminent Americans, wrote their names upon history's pages through their knowl- edge of the laws. Their loyalty, patriotism and love of justice cannot be questioned. And last, but not least, stands the name of Abraham Lincoln, self-educated and self-reliant, whose consummate tact and statemanship saved he Union from disruption.
TERRITORIAL COURTS
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When the Territory of Iowa was organized in 1838, Charles Mason, who lived at Burlington, Iowa, was appointed chief justice; Joseph Will- iams, of Pennsylvania, and Thomas S. Wilson, of Dubuque, associate jus- tices. Upon these three men devolved the duty of holding court at such places as their presence might be required in the entire territory. It would be an arduous task for three men to undertake to hold court and settle all the disputes in Iowa now, but in 1838 there were only a few settle- ments along the eastern border. All three of these judges continued on the bench until Iowa was admitted into the Union in 1846. Judge Mason was the first chief justice of the State Supreme Court until he resigned in June, 1847, when he was succeeded by Judge Williams.
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DISTRICT COURT
When Emmet County was created in 1851 it was placed in the Fifth Judicial District, which included all Northwestern Iowa, and of which Cave J. McFarland was judge. No provisions were made for holding court in the county, for the reason that at that time it had not a single white inhabitant. Judge McFarland retired from the bench in 1856, and a little later the state was redistricted for judicial purposes, Emmet County being placed in the Fourth Judicial District.
The first term of the District Court ever held in Emmet County was convened at Estherville on May 30, 1862, with Judge Asahel W. Hubbard of Sioux City presiding. The only entry on the record at that term was as follows: "At a term of the District Court of Emmet County, com- mencing on the 30th day of May, 1862, and held in Estherville, in said county before Hon. A. W. Hubbard, judge of the Fourth Judicial District of Iowa, in pursuance to due notice given, the following proceedings were had: It has now been proven to the satisfaction of the court, and it is ordered to be entered of record that due and legal notice of this term of court has been given.
"Read, approved and signed,
"A. W. HUBBARD, Judge."
Asahel W. Hubbard was born on a farm near Haddam, Connecticut, January 18, 1819. He was educated in the public schools of his native state and upon arriving at his majority he went to Rushville, Indiana, where he studied law and was admitted to the bar. He served as a mem- ber of the lower house in the Indiana Legislature of 1847 and 1849. About that time there was a tide of emigration westward and Mr. Hubbard, who was still a young man, decided to try his fortunes in Iowa. In 1857 he located at Sioux City and the next year was elected judge of the Fourth Judicial District, which had just been established by the General Assem- bly and included a number of the northwestern counties. He served on the bench for four years, or until 1862, when he was nominated by the Republicans of the Sixth District for Congress. The term of court at Estherville above mentioned was one of the last ever held by Judge Hub- bard. He served in Congress until March 4, 1869, when he assisted in organizing the First National Bank of Sioux City. He died at Sioux .City on September 22, 1879.
When Judge Hubbard was elected to Congress in 1862, he was suc- ceeded on the bench by Isaac Pendleton, of Woodbury County, who served as judge until 1867, when he was succeeded by Henry Ford, of Harrison County. Not much can be learned concerning either Judge Pendleton or Judge Ford. In 1874 Charles H. Lewis, of Cherokee County, was elected
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as the successor of Judge Ford. Up to this time the Fourth Judicial District had included twenty-two of the northwestern counties. As new settlers came in and the business of the court grew correspondingly, the district became too large for one judge and in 1876 it was divided. Judge Lewis' jurisdiction over Emmet County then came to an end, as the county was placed in the Fourteenth District, over which E. R. Duffie, of Sac County, was elected to preside. Judge Duffie was a man of fine legal attainments and his decisions were based upon the fundamental principles of justice. He remained upon the bench until 1884, when he removed to Omaha, Nebraska, where he was elected judge of the District Court and was later appointed one of the commissioners to relieve the congested docket of the Nebraska Supreme Court.
Lot Thomas, of Storm Lake, was elected to succeed Judge Duffie in 1884. He was a man well qualified for the duties of judge and remained on the bench until 1898, when he resigned to become a candidate for Con- gress in the Eleventh Iowa District. He was elected to that office in . November, 1898, and was twice reelected.
By the act of April 10, 1886, the Fourteenth Judicial District was divided and the Sixteenth District was erected. This reduced the Four- teenth to the counties of Buena Vista, Clay, Dickinson, Emmet, Humboldt, Kossuth, Palo Alto and Pocahontas. When Judge Thomas resigned in 1898, F. H. Helsell, of Buena Vista County, was elected as his successor. Judge Helsell served only for the remainder of the term, being succeeded in 1900 by Arthur D. Bailie, of Storm Lake. He remained on the bench until 1912, when he was succeeded by Judge Nelson J. Lee, of Estherville, who was reelected in 1916.
As there have been two judges in the Fourteenth Judicial District since 1886, a word of explanation as to how this was brought about may be necessary. The constitution of 1857, Article V, Section 1, provides that: "The judicial power shall be vested in a supreme court, district court, and such other courts, inferior to the supreme court, as the Gen- eral Assembly may, from time to time, establish." Under this provision the Legislature of 1868 created a tribunal known as the
CIRCUIT COURT
Under the provisions of the act the state was divided into two circuits, with one judge in each. Emmet County was placed in the Second Cir- cuit, of which Jared M. Snyder, of Humboldt County, was the first judge, taking his place upon the bench in January, 1869. When the Fourteenth Judicial District was created in 1876, Emmet County was placed in the First Circuit, of which John N. Weaver, of Kossuth County, was elected judge. He served from 1877 to 1884, when he was succeeded by J. H.
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Macomber, of Ida County. At the general election on November 4, 1884, the people of the state ratified the following constitutional amendment relating to the courts:
"At any regular session of the General Assembly, the state may be divided into the necessary judicial districts for District Court purposes, or the said districts may be reorganized and the number of districts and the judges of said courts increased or diminished; but no reorganization of the districts or diminution of the judges shall have the effect of remov- ing a judge from office."
Pursuant to the authority conferred by this amendment, the Legisla- ture passed an act abolishing the Circuit Court, which act was approved by Governor Larrabee on April 10, 1886. That act also divided the state into eighteen judicial districts and provided for two judges in the Four- teenth District. George H. Carr, of Palo Alto County, was elected as the additional judge in the fall of 1886 and served until 1894, when he was suc- . ceeded by W. B. Quarton, of Kossuth County. In 1906 Judge Quarton was succeeded on the bench by Daniel F. Coyle, of Humboldt County, who was reelected in 1910 and again in 1914. As the district judges are elected for terms of four years, the judges of the Fourteenth Judicial District at the beginning of the year 1917 were Daniel F. Coyle and Nelson J. Lee. . The term of the former expires in 1918 and that of the latter in 1920.
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Fortunately for the people of Emmet County, the judges that have been called to preside over her District and Circuit Courts have been men of ability and character, free from charges of venality or corruption, and justice has generally been administered in such a manner that few criti- cisms of the courts have been heard.
COUNTY ATTORNEYS
Prior to 1886 district or prosecuting attorneys held their office by appointment. One of the early district attorneys in the old Fourth Judi- cial District was Jacob M. Toliver, who is still living at Lake City and is one of the oldest attorneys in Northwestern Iowa. Another early prose- cuting attorney was M. B. O'Connell, who was an Irishman of excellent qualities and a fine orator. On one occasion he was a candidate for the republican nomination for Congressman of the Tenth District against Jonathan P. Dolliver. Although defeated in the convention, he remained a firm friend of Mr. Dolliver, who was accustomed to send him to fill public speaking appointments in political campaigns that Mr. Dolliver was unable to fill himself. After practicing law in the Fourth and Four- teenth Judicial Districts for several years, Mr. O'Donnell went to Wash- ington where he accepted a position in the treasury department. It would
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be impossible to give a complete list of the district attorneys who held their office by appointment.
The following amendment to the fifth article of the state constitution was adopted by the voters at the general election on November 4, 1884. "Section 13, The qualified electors of each county shall, at the general election in the year 1886, and every two years thereafter, elect a county attorney, who shall be a resident of the county for which he is elected, and shall hold his office for two years, and until his successor shall have been elected and qualified."
Under this provision the following have served as county attorney of Emmet County, the year in which each was elected also being given: J. G. Myerly, 1886; C. W. Crim, 1892; A. W. Swett, 1898; Nelson J. Lee, 1900; George E. Patterson, 1904; J. W. Morse, 1908; Byron M. Coon, 1912; Francis J. Kennedy, 1916.
THE BAR
While Emmet County has never produced a lawyer that has "startled the nation," the members of the local bar have always been equal to the task of handling the litigation that has come before the District Court. Just who was the first attorney to practice his profession in the county is somewhat uncertain. One of the oldest lawyers is Capt. E. B. Soper, who appeared in the courts of Emmet County soon after the close of the Civil war. Later he formed a partnership with D. R. Alexander, which still exists, though Captain Soper lives at Emmetsburg, in Palo Alto County. Another early lawyer was John W. Cory, who subsequently removed to Spirit Lake and from there to Spencer. An old bar docket of 1882 shows the names of J. A. Snodgrass, Peter Johnston, F. E. Allen, J. B. Binford, Frank Davey and P. O. Cassidy, none of whom is any longer engaged in practice in the county. During the early history of the Dis- trict Court lawyers from other counties frequently came to Estherville to represent clients.
The present bar, according to the District Court docket at the close of the year 1916, is composed of the following members: D. R. Alexander (Soper & Alexander), George K. Allen, S. G. Bammer (Coon & Bammer), Byron M. Coon, C. W. Crim, Kaspar Faltinson (at Armstrong), M. J. Groves, Francis J. Kennedy (Morse & Kennedy), W. A. Ladd, J. W. Morse, A. H. Nash, George A. Patterson and A. J. Rhodes. Of these George K. Allen, A. H. Nash, George A. Patterson and A. J. Rhodes are not engaged in active practice. Mr. Allen is editor of the Estherville Enterprise and Mr. Nash is on the editorial staff of the Lawyers' Cooper- ative Publishing Company, of Rochester, New York.
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BAR ASSOCIATION
About 1906, while George A. Patterson was county attorney, he and a few other lawyers began to discuss the advisability of organizing a county bar association. A meeting was called at C. W. Crim's law office, which was then in a frame building where the Gardston Hotel now stands. An organization was effected with W. A. Ladd as president and Byron M. Coon as secretary. The objects of the association were to establish more friendly relations among the attorneys, and to agree upon a fee bill, or schedule of charges for certain professional services. Meetings have not been held regularly, the members coming together now and then upon the call of the president to adopt resolutions upon a death, or for some other purpose stated in the call. In 1916 Judge N. J. Lee was president of the association, which includes practically all the practicing attorneys in the county.
THE MEDICAL PROFESSION
The practice of medicine, in an elementary form at least, is almost as old as the human race. When the first man was affiliated by some bodily ailment, he sought among the plants for something that would relieve his suffering. If a remedy was found the information was imparted to a neighbor and perhaps a supply of the plant garnered for future use. Other plants were added as they were discovered and thus, step by step, medicine gradually developed into a science.
A Chinese tradition tells that the practice of medicine was introduced in that country by the Emperor Hwang-ti, in the year 2887 B. C. In India the practice of medicine is very ancient, the physicians coming from the highest caste, and demonology played a conspicuous parts in their theories regarding disease. Among the ancient Egyptians there were specialists as early as 1600 B. C. The Hebrews originally looked upon disease as a punishment for sin, but after the two captivities they had their regular practicing physicians and surgeons. In the history of medi- cine the names of the Greek physician Æsculapius and Hippocrates occupy prominent places as pioneers in the healing art, the latter having been called the "Father of Medicine.' The oath required by Hippocrates of his students forms the basis of the code of medical ethics in this Twentieth Century. Galen, who practiced in the latter part of the Second Century of the Christian Era, was the first physician to lay special stress upon the study of anatomy as an essential to the practicing physician.
Throughout the gradual development of the science of medicine the doctor has often had to meet the sneers and jibes of people who ques- tioned his ability and openly declared their lack of faith in his methods.
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When Doctor Harvey announced his discovery of the circulation of the blood, and declared the passage of the blood through the arteries and veins of the human body to be the source of life and health, he was scoffed at by the ignorant. Some priests even went so far as to charge him with blasphemy, asserting that man was kept alive "by the grace of God." Even as late as the early years of the Nineteenth Century the French writer, Voltaire, defined a physician as "A man who crams drugs of which he knows little into a body of which he knows less." That may have been true of a certain class of French empirics at the time it was written, but since Voltaire's day the medical profession has made almost marvelous progress, with the result that the physician of the present generation is usually a man who is entitled to honor and respect, both for his profes- sional ability and his standing in the community as a citizen.
When the first physicians began practice in Emmet County they did not visit their patients in automobiles. Even had the automobiles then been invented the roads-where there were any roads at all-would of course have been found in such condition for the greater part of the year that the motor car would have been practically useless. Consequently, the doctor made his round of visits on horseback. His practice extended over a large district and he frequently carried a lantern with him at night, to assist him in finding the "trail" in case he lost his bearings. Like the sailor, he guided his course by the stars. On cloudy nights, when the stars could not be seen, after making a call, he would drop the reins on his horse's neck and trust to the animal's instinct to find the way home. There were then no convenient pharmacists to fill prescriptions, but the doc- tor overcame this difficulty by carrying his limited stock of remedies with him in a pair of "pill-bags"-composed of two leathern boxes, each divided into compartments to accommodate vials of different sizes, and the two con- nected by a broad strap that could be thrown across the rear of the saddle.
In addition to his professional standing in the frontier settlement, the doctor was a man of prominence and influence in other matters. He was quite often the only man in the commuity who subscribed for and read a weekly newspaper, which led his neighbors to follow his judgment in matters pertaining to politics. Look back over the history of almost any county in the Mississippi Valley and the names of doctors will be noted as members of the legislature, incumbents of important county offices, and in numerous instances physicians have been called to represent their dis- tricts in Congress. He was not always above gossip and his travels about the settlement brought him in touch with all the local happenings, which made him a welcome visitor in other households. Socially he was well received by the pioneers at all times, whether any member of the family was ill or not. A plate was always ready for him at the table, and on these occasions the best piece of fried chicken or the juiciest piece of pie
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would find its way to the doctor's place. More American boys have prob- ably been named after the family physician than for great statesmen.
It is not definitely known who was the first physician to practice his profession in Emmet County. Dr. E. H. Ballard became a resident of Estherville soon after the close of the Civil war and was prominently identified with Emmet County affairs until his death. He was elected county treasurer in 1877 and acquired considerable notoriety by his refusal to remove the treasurer's office to Swan Lake when ordered to do so by the board of supervisors. While serving as treasurer he also performed the duties of county coroner. He was elected the first mayor of Estherville when the town was incorporated in 1881, and from 1883 to 1889 he was county superintendent of schools. At that time he had his office over Barker & Ballard's store, being the junior member of that firm.
A little later came Dr. George M. Keller, a graduate of Rush Medical College, of Chicago, and Dr. F. Reynolds, a graduate of the St. Louis Medical College. Dr. F. L. Norin was one of the early physicians of Swan Lake while that place was the county seat. An old number of the North- ern Vindicator (1886) contains the advertisement of Dr. R. W. Salisbury, whose office was then located "two doors south of the Emmet House." Contemporary with Doctor Salisbury was Dr. E. B. Myrick, who had his office "over Peterson's hardware store."
MEDICAL SOCIETIES
On Tuesday, August 3, 1897, a number of physicians met at Spirit Lake and organized the Upper Des Moines Valley Medical Society, which included doctors from several counties. Dr. E. L. Brownell was elected president; Dr. E. E. Munger, vice-president; Dr. C. S. Schultz, secretary and treasurer. In addition to these officers, the members of the society who enrolled their names at that meeting were: Drs. R. C. Mollison and and A. E. Burdick, of Graettinger, Palo Alto County ; Dr. C. B. Adams, of Estherville, Emmet County ; Drs. R. J. and R. G. Hamilton, of Ocheyedan, Osceola County ; Dr. A. E. Rector, of Lake Park and Drs. C. M. Coldren and Q. C. Fuller, of Milford, Dickinson County ; Drs. J. B. Stair and C. B. Foun- tain, of Spirit Lake.
At a subsequent meeting in November, 1897, a few additional mem- bers were taken in, but the society covered too large a section of country and the members were so widely scattered that it was impossible to perfect a compact organization. A few meetings were held during the next two years, but they were poorly attended and the society was finally disbanded.
About the beginning of the present century the American Medical Association adopted a rule that no physician could be a member of that association unless he belonged to some affiliated county and state medi-
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cal societies. This stimulated the organization of local medical societies all over the country, one of which was the
EMMETT COUNTY MEDICAL SOCIETY
Some of the physicians of Emmet County, who were desirous of retain- ing membership in the American Medical Association, obtained from the Iowa State Medical Society the necessary information and credentials for establishing a county society. Invitations were sent out to every licensed physician in the county and on Thursday, October 8, 1903, quite a num- ber of these assembled at the office of Dr. C. B. Adams in Estherville. The constitution and by-laws recommended by the American Medical Associa- tion and the State Medical Society were adopted, and the following officers were elected: Dr. C. B. Adams, president; Dr. Alice C. Stinson, vice- president; Dr. W. E. Bradley, secretary and treasurer; Dr. J. A. Finlay- son, Dr. E. W. Bachman and Dr. Albert Anderson, censors.
Dr. C. D. Adams, the first president of the society, is now located at Los Angeles, California, and Dr. J. A. Finlayson, of Armstrong, a member of the first board of censors, is deceased. All the others who assisted in organizing the society are still members. The annual meeting of the society, at which officers are elected, is held on the first Tuesday in Decem- ber. The members of the society at the beginning of the year 1917 were as follows: Albert Anderson, E. W. Bachman, C. E. Birney, W. E. Brad- ley, Alice C. Stinson and M. E. Wilson, of Estherville; J. B. Knipe and G. H. West, of Armstrong; and H. D. Mereness, of Dolliver. The officers at that time were: M. E. Wilson, president; G. H. West, vice-president; W. E. Bradley, secretary and treasurer ; J. B. Knipe, Alice C. Stinson and E. W. Bachman, censors.
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