USA > Illinois > Cook County > Chicago > Historical review of Chicago and Cook county and selected biography, Volume II > Part 11
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Republican County Central committee and introduced by Mayor Busse. It read: "Graeme Stewart has been called from our midst by the hand of death. In the full flush of his manhood he died hon- ored and beloved by the people of Chicago. He had a strong hold upon the hearts of its citizens. He was admired for his manly quali- ties and gentlemanly conduct, for his political sagacity, for his knowl- edge of public affairs, for his fidelity to every trust imposed upon him. Gifted in a rare degree with kindliness of manner and a dignity of personal presence without austerity, he made lasting friendships with all classes. He believed in the majesty of the common people. He had full faith in the outcome of American citizenship. He was full of pride for his city, for the state and for the nation. He sounded their praises everywhere. He believed that the indomitable spirit of Chi- cago could overcome internal disorder, as well as outrival any opposi- tion. He did not frown upon her because of her admitted faults, but he gloried in her achievements. Where others faltered, he led. Where others were weak he was strong. He was resolute and independent. Opposition but renewed his vigor. His confidence in the future of Chicago was sublime; whether as private citizen, merchant, member of the board of education or national committeeman of his party for the state of Illinois, he was devoted to the welfare of the public. He brought ripened judgment, physical strength, mental vigor, a large heart and unfailing kindness to the solution of every problem which confronted him. In private life he was irreproachable. He represent- ed Chicago with hospitality, grace and tact in all his public acts. His life has passed away, but his memory will remain so long as Chicago has a history. His body will be laid away with devoted tenderness, but his face and memory will remain freshly engraved in the hearts of a loving people."
In his funeral sermon Dr. Curtis said, in part: "Mr. Stewart was not alone a citizen of Chicago; he was more. He was at once a fine product and a worthy representative of the best forces that have made our city what it is. Born of good, sturdy Scotch Presbyterian stock nearly fifty-two years ago, in what is now the business center of our metropolis, inheriting a splendid physique, a clear, strong mind, and a moral and religious training that made for righteousness, he grew up to manhood's estate under conditions which helped to make him a typical western man-energetic, eager, earnest, enthusiastic,
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warm hearted, broad minded, ready to attempt to do large things in a large way. There was nothing small about the man either physically or morally. He was cast in a large and generous mold. Like many of our foremost citizens he made his way to an assured business suc- cess by untiring diligence, patient industry, sterling integrity. and steadfast, unswerving purpose. His business methods were above re- proach. Thrown into the midst of the intense competition of the western commercial world, Graeme Stewart never stooped to mean- ness. unfairness, trickery or deceit. He had high ideals of business honor and held to those ideals. He scorned the touch of tainted money, and there was nothing in him in which graft of any kind could make appeal. The strong, high-minded business men of this city have been quick to admire his work, and to admit him into the noble brotherhood of those who put conscience above gain, honor above Delf. But Mr. Stewart was not a man to be content with the attain- ment of success in the commercial life of this city. The walls of his counting house did not and could not mark the boundaries of his visions, his interests, his affections, his purpose. The old saying of the Latins was true to him-'Nothing human was alien to his thought.' He could not degenerate into a mere business machine. Home, friends, the public weal, good government, the larger interests of humanity, education, charity, morality, religion-all these found gen- erous welcome in his heart and life. Mr. Stewart was by nature a friendly man, a man who made friends, who held them, was loyal to them at whatever cost. His was a genial personality, whole souled. generous to a fault. His friendships were marked by no boundaries of party or of creed. He honored manhood, fidelity, courage, high principle, and when he found men to his liking he gave them his confidence, his love, his steadfast loyalty. Mr. Stewart was a man of public spirit devoted to the public good. The familiar saying of the great apostle, 'None of us liveth to himself,' was the working creed of his life. Freely, gladly, without stint, without money and without price, he gave himself to matters of public moment, whether they affected the interests of city, state or nation. He loved Chicago as a son loves the mother who bore him. Born and brought up in this city, receiving his early training in the public schools, he was deeply interested in promoting the efficiency of our admirable public- school system, and while yet a young man served six years as a mem-
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ber of the board of education. He believed it to be the duty of the business man to labor and to sacrifice for the cause of good govern- ment and, therefore, he entered the field of politics, sparing himself no effort, working day and night for the triumph of the party and the policy to which he had sworn allegiance. He believed it possible to have a clean, honest business administration of the affairs of a great city, and few even among those who opposed him at the polls doubt but that, had he been elevated to the mayoralty of Chicago, he would have discharged the duties of that high office with credit to himself and honor to the city that gave him birth. It is to the credit of this man who has now gone from us that even in the heat of a sharp and bitter political contest nothing was said that reflected on his capacity, his honesty, his honor. He loved politics and no doubt had his politi- cal ambitions, but only as a means to an end, and that end the promo- tion of the public weal. Many of you doubtless remember his last public service in securing for our vicinity the location of the naval training school. The energy, the enthusiasm, the steadfast persistence he threw into that strenuous effort were characteristic of the man. He was determined to succeed, and he did succeed. It was the multiplicity of these outside activities which doubtless caused the shortening of his life. He burned the candle at both ends. In matters of charity and philanthrophy he had an open heart and an open purse. Many there are among the poor and lowly who share the sorrow of this hour as they remember his kindly sympathy and help. He did not, he could not, forget the words of his own Scotch poet, 'A man's a man for a' that, for a' that.' In him there was nothing of snobbery, nothing of that foolish pride that is too often born of worldly success. To those who knew him best it was evident that he was a man of high moral standard, a man who lived and loved a clean life. His sympathy, his support, he gave to everything that makes for righteousness. Reared in the old faith of his fathers, that faith which makes so much of the sovereignty of God and the supremacy of duty, he never lost its sub- stance although he did not outwardly profess its form. He was broad- ly Christian in the spirit and purpose of his life."
No man in public life perhaps has had so few enemies. Even those who opposed him politically entertained for him the warmest personal regard and admiration. It was said that he never forgot a friend- the playmates of his boyhood, the associates of his early manhood,
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those with whom he labored in municipal circles, in commercial life, or with whom he was connected in shaping national politics, were alike remembered through all the years, with their added responsibili- ties and honors. His life record finds embodiment in the words of Pope :
"Statesman, yet friend to truth; of soul sincere In action faithful and in honor clear ;
Who broke no promise, served no private end,
Who gained no title and who lost no friend."
Thomas A. Moran was born in Bridgeport, Connecticut, of Irish parents, on October 7, 1839, and died November 18, 1904.
In 1846, at the age of seven years, with his par-
THOMAS A. MORAN. ents, he came west to Kenosha county, Wisconsin, where until he was nineteen years of age, he lived with them, worked on the farm, attended school in the winter, sub- sequently teaching a country school. At the age of twenty he became a student of law at Kenosha and was admitted to the practice of law in. 1865, after being graduated from the Albany Law School, of Al- bany, New York.
In November, 1865, he came to Chicago and founded the firm of Schiff and Moran. Later he became a member of the firm of Moran and English, subsequently, Moran, English and Wolff. In 1879 he was elected judge of the Circuit Court of Cook county, being the first Irish-American ever elected to the Cook county bench. In 1885 he was re-elected to the Circuit bench, and in 1891 he was again re-elect- ed. In 1886 he was assigned to the Appellate Court for the First Dis- trict of Illinois, from which position he resigned in 1892 to take up the practice of law as a member of the firm of Moran, Kraus, Mayer and Stein, later Moran, Mayer and Meyer. He was dean of the Chi- cago College of Law for several years, and gave lectures there on the practice of the law.
Many of his opinions while on the Appellate bench, were adopted verbatim by the Illinois Supreme Court. On one occasion he refused to follow an opinion of Justice Harlan, of the United States Supreme Court, and was sustained in his rulings. This was in a dispute over the Insolvent Debtors" act. He argued for the constitutionality of the
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Illinois Inheritance Tax before the United States Supreme Court in 1898, and was sustained.
Very early in life he took an active part in politics, campaigning for Stephen A. Douglas in Wisconsin, in 1860. In 1896, the Demo- cratic party having declared for free silver, he became a delegate to the Gold Democratic conference in Indianapolis. His activity in politics was, however, confined to the discussion from the rostrum of the broad principles around which are centered the great political parties, and even from this, while on the bench, he held scrupulously aloof.
The above are but meager data of the life and career of Thomas A. Moran. The hopes, the struggles, the sorrows, the triumphs that accompanied him, as with eyes fixed and mind set upon the goal of life, he unfalteringly strove, from height to height, along life's stern and rugged road, to reach it, are close-locked in the heart that is now forever stilled. Of these we may not know, save as they were re- vealed by the impress made by them upon the character of the man. But if from his character we may judge, then hope was always strong and bright within him, and always fixed beyond the things that were, upon better things to come; and he had his struggles, yes, many of them, for only through struggle could the rugged, stout-heartedness that was his, have been acquired; he must needs have been acquainted with sorrow, too, for he was gentle and kind; and his triumphs were those of a great and good man, who has beheld the fruition of his labors in the honor and admiration, and the respect and love of his fellowmen.
As a lawyer, Judge Moran had in him that rare combination of qualities that approached quite the ideal in that profession, and insures success. He had a keen, alert and vigorous mind, broad and com- prehensive in its grasp, yet masterful and careful of detail; and with sure precision, he went straight to the heart of the proposition sub- mitted to him, and seldom did he err in his judgment.
He was always a close student and a tireless worker. He kept pace with the rapidly moving and ever-widening current of the law, and not a little aided in the true development, and proper application of the eternal legal principles, to the changed and changing conditions of society with its concomitant, manifold complexities and perplexi- ties. His own clear ideas, accurate judgment, and logical deduc-
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tions, were in argument highly supplemented and enforced by a voice rich and eloquent in cadence, a manner graceful, pleasing and courte- ous, and an evident earnestness and honesty of purpose, that carried conviction to his hearers, and usually brought victory to his side of the cause. He never advised a client until he was sure of his ground, and then his judgment was given impartially in accordance with his view of the law applicable to the matter. The so-called "tricks" of the law- yer were unknown to him, or of him. But once his services were en- listed in behalf of a client, his great powers of mind, coupled with his wide knowledge of the law, and experience in its practice, and his strong personality, were applied to his client's cause with all the vigor and earnestness, diligence and devotion, in his power.
His ability as a lawyer was confirmed while he was on the bench, and to that ability the published reports of the Appellate and Supreme Courts of the State of Illinois will bear lasting witness. As a judge he was singularly careful of the proprieties, patient and painstaking. and courteous and kind to all appearing before him, particularly to the young attorney. He knew neither friends, enemies nor strangers, the one dominant idea in his mind being the proper application of the law to the case in hand. He was fearless, yet cautious; gentle but firm; and in the proper case liis warm Irish heart turned the scales of justice toward the side where Mercy sat. His compensation as a judge being comparatively small, he left the bench the better to pro- vide for the present and future of his large family, leaving a record for administration of the law that is creditable alike to his memory and to the state he served.
But however brilliant the lawyer, or the jurist, and however much these terms tend to obscure the man, it is, after all, the character of the man that gives color to the brilliance of either. The lofty, noble character of Judge Moran made possible the able lawyer and jurist ; yet it is not the lawyer or jurists whose memory we revere. but the man.
Men of strong character often make enemies; Judge Moran was one of the rare exceptions. If he had any enemies, the writer, during the many years of his acquaintance with him, never heard of them. His was one of the most lovable characters I ever knew. Strong. gentle ; brave, cautious ; relying, yet supporting ; wise and conservative in counsel, but quick in action when he believed lie was right, the "ele-
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ments" were, indeed, well "mixed in him." Kind-hearted and charita- ble towards all, and loyal to his friends, yet enshrined in his heart as his dearest love and object of his greatest devotion and care, were his wife and family. To them the efforts of his life were consecrated; from them he drew the inspiration that fortified his stout heart in many a bitter trial; in them he saw the hope of reward and compensa- tion for his well spent life.
He was withal "a gentle, kindly, manly man."
"We shall not look upon his like again."
(By Adolf Kraus.)
John Nelson Jewett was for many years one of the leaders of the Chicago bar. He was a member of it for nearly fifty years, and al-
JOHN N. most from the time when he first entered upon prac-
tice here, occupied a leading and commanding posi-
JEWETT. tion in his profession. He was born October 8, 1827, at Palmyra, Maine, spending the earlier years of his life on his father's farm near that place. He early resolved to secure an educa- tion; and to that end studied assiduously during the leisure afforded by the intervals in farm work. When he was eighteen his father came west, establishing his home near Madison, Wisconsin. A year later the son, having spent part of that time in teaching in a private school at Madison, entered Bowdoin as a sophomore.
In 1850 he graduated, taking his degree as Bachelor of Arts, and was immediately employed as one of the principals of North Yar- mouth Academy. This was then a well known school in Maine. At the same time he pursued his legal studies; and after two years thus employed returned to Wisconsin and entered the office of Collins and Smith at Madison. These gentlemen were then two of the leading lawyers of the state. Judge Collins was for some time on the bench. Mr. Smith was for one term attorney-general of the state, and elo- quent advocate and a Democrat high in the councils of his party in the state and the nation. They have both been dead many years.
Mr. Jewett was admitted to the Wisconsin bar early in 1853, and to the bar of Illinois July 23rd of that year, when he removed to Galena and began practice there.
He soon afterwards formed a partnership with Wellington Weig- ley, which continued during most of the time he lived in Galena.
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In 1856, at the age of twenty-nine, apparently conscious of his ma- turing powers and seeking a wider field for their exercise, he decided to come to Chicago; and this city then became his home and the scene of his varied and extended professional labors.
He was first associated with Hon. Van H. Higgins, for many years one of the leading lawyers of our bar and for some time a mem- ber of our local bench.
In 1857 he became a member of the firm of Scates, McAllister, Jewett and Peabody, probably then the leading firm in this city. Judge Scates and Judge McAllister were both on the Supreme bench of the state and the latter afterwards a judge of our Circuit Court, where he made a most enviable reputation as a learned, fearless and able judge. Mr. Peabody is the sole survivor of this firm of remark- able lawyers, one of our honored citizens, but not now in active prac- tice. The firm became afterwards, by various changes, McAllister. Jewett and Jackson ; and Jewett, Jackson and Small. At a later period Mr. Jewett was associated with Mr. Charles T. Adams under the firm name of Jewett and Adams. Senator William E. Mason was also with him for a time.
Mr. Jewett married Miss Ellen Rountree, daughter of the late Hon. John H. Rountree of Platteville, Wisconsin, a pioneer of that region, for many years a member of the Wisconsin senate and always prominent in the public affairs of that state. Mrs. Jewett is a most accomplished woman of extensive attainments and wide culture ; and the beautiful home over which she so long presided has always been recognized as one of the most important and attractive centers of social activity and higher culture in our community.
Mr. Jewett had two sons, Edward Rountree and Samuel Rountree, both of whom became lawyers and his partners. The former married Miss Frances Campbell. He died in Maine, in October, 1899.
Mr. Samuel R. Jewett, the younger son, married Miss Lucy Mc- Cormick, a daughter of William S. McCormick, and has always re- sided in this city. He is not now actively engaged in the practice of his profession.
Mr. Jewett died of organic heart disease, Thursday night. Janu- ary 14, 1904, at his home in Chicago, No. 412 Dearborn avenue.
He was thus for nearly fifty years a member of the bar in this city. He saw it grow from a small community of less than 100,000 people
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to one of the world's greatest cities with a population of nearly 2,000- 000.
During all this period he steadily maintained his position and lead- ership in the very front rank of an able and accomplished bar.
At an early period of his professional career he was fortunate in securing the confidence and esteem of those engaged in large affairs ; and this he always retained. No interests were so important that those concerned with their management hesitated to commit them to him, when the occasion arose, either for counsel or the assertion or defense of their rights in the courts.
So it may be safely said that no one of his professional contempo- raries was concerned in such a number and variety of great cases in- volving large property interests and interesting and important legal questions.
In the conduct of such hard-fought and sometimes desperate for- ensic battles Mr. Jewett's methods were such as to be especially com- mended to the consideration of the profession. He was a hard, pos- sibly some might say sometimes, a bitter, fighter. But his methods were honorable, fair and open. No suspicion of sinister or devious efforts to secure secret or undue advantage was ever harbored by his opponents. He realized to the full extent the standard suggested by Cockburn's dictum:
"The arms which an advocate wields, he ought to use as a war- rior and not as an assassin."
Indeed his entire professional life was dominated by a fixed and stern integrity which was one of the most admirable, as it was the most commanding, trait in his character.
Mr. Jewett had a mind that was severely logical. He approached a legal question as a mathematician would approach a problem in mathematics. To him it was something to be reasoned out in ac- cordance with the principles of the law. He was not, therefore, a "case lawyer," to borrow a phrase somewhat colloquial.
He was a man of singular independence of mind and entirely fear- less in the assertion of his convictions. And when it became his duty to criticise judicial decisions, he did not in the least abate these quali- ties. He vigorously and courageously attacked ignorance, sophistry and error, whether promulgated from the bench or from some quarter less calculated to secure tacit assent, if not to command respect. In
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this he rendered a service invaluable to the bench and bar alike; and his courage and professional independence should be recorded as among his conspicuous virtues.
He was, within the limitations already indicated, which no self- respecting lawyer can legitimately disregard, absolutely devoted to his client's cause and indifferent in this regard to all merely personal considerations.
His standards and professional conduct in this respect were en- tirely beyond any just criticism; and indeed, during his long and active career at the bar in all these particulars he illustrated the best traditions of the profession.
Mr. Jewett never participated to any extent in criminal practice, and for many years tried but few cases before a jury.
It was in his arguments to a court, and especially a court of last resort, that Mr. Jewett particularly excelled. Of commanding pres- ence, dignified yet courteous, with an attractive voice, a fine and dis- criminating literary faculty, and never appearing without thorough study and preparation, his arguments were always impressive and were invariably received with great consideration. His industry was unremitting and should be noted as one of his marked characteristics.
His efforts in the domain of constitutional law were especially noteworthy. Were I to select any, I think, perhaps, I should name Munn v. Illinois, 94 U. S. 113; Illinois Central R. R. Co. v. State, 146 U. S. 387; Counselman v. Hitchcock, 142 U. S. 547, as among the most striking and important cases in which he was concerned. The first involved the right of the state of Illinois to regulate the charges of elevator proprietors, and was a pioneer case in this department of the law ; the second was the familiar Lake Front case; the third was a case where Mr. Jewett successfully invoked the protection of the Fifth Amendment to the Federal Constitution for a client whom the authori- ties sought to compel to give evidence against himself. They are all instructive and leading cases in American constitutional law. and will long be studied by the profession in the consideration of the great questions to which they relate.
In all of these cases Mr. Jewett bore a responsible and conspicuous part, and his arguments were entirely worthy, not only of the great court to which they were addressed, but of the important questions involved.
Vol. 11-8
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Mr. Jewett was not a politician nor an office seeker. He served one term in the state senate many years ago, beginning in January, 1871. He belonged to that rapidly diminishing class of men who be- lieve that the office should seek the man and not the man the office, that the convention should select the candidate, not the candidate se- lect the members of the convention.
It is one of the misfortunes of modern politics and American gov- ernment that, with occasional exceptions, sufficiently numerous to prove but not to overthrow the rule, men of the first order of ability do not get into the public service. The leaders of the bar are not al- ways found upon the bench. Our great lawyers, merchants, financiers and manufacturers, are infrequently found in public office; and it seems as if the national, state and municipal governments were all, by the operation of some mysterious law of politics, commonly de- prived of the services of the ablest men; men who in their personal affairs display the most varied and conspicuous talents.
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