USA > Illinois > Cook County > History of Cook County, Illinois : being a general survey of Cook County history, including a condensed history of Chicago and special account of districts outside the city limits : from the earliest settlement to the present time, volume II > Part 21
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Cook county is peculiar in this, that it is the only county in the State of Illinois having adopted this election law of 1885 and that has a separate Probate court. By reading the synopsis of the election law in the books it will be seen that an enormous power is given into the hands of the judge of the County court of Cook county. He, a single individual, practically controls the elections, as, if he chance to be a Republican, he can choose as commissioners one Republican, one Democrat, and one other person, who may have the strongest of Republican tendencies, though he may be called a "mugwump." This would, of course, mean the selection of a Re-
Vol. II-14.
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publican clerk of the board, and he is in himself, by reason of the powers placed in his hands by law, a strong factor in any political contest. In a word, the election law of 1885 is the lever of the political engine, and the clerk of the Board of Election commission- ers is the engineer, with his hand upon the lever.
The County court of Cook county as it is to-day is one of the most important judicial institutions in the county. Its duties de- mand talents of the highest order. The salary of $7,000 per year, which is in the hands of the county commissioners to lessen or in- crease, as they choose, is none too large. The men who are fit to occupy this bench should be too high, both in probity and ability, to devote their time for any small sum of money. The future of the County court of Cook county is great.
By act, passed in 1849, the title of the county court was changed to that of the Cook County Court of Common Pleas and the terms of said court were changed to the first Mondays of February and September in each year.
And it was further enacted that the Cook County Court of Com- mon Pleas and the Circuit court of Cook county shall have equal and concurrent jurisdiction in all cases of misdemeanor arising under the criminal laws of this State, and in all cases of appeals from justices of the peace arising or instituted within said county of Cook, and that all appeals from justices may be taken to which- ever of said courts the term of which shall be held next after such appeal shall have been applied for and taken.
Judge Dickey resigning, Giles Spring was elected judge of said court, and began holding court April 14, 1849; he died on the 15th of May, 1851. Upon his death Mark Skinner was elected judge, and acted as such until 1853, declining to be reëlected on account of ill-health.
It may be noted that on the 7th day of February, 1853, the Cook County Court of Common Pleas occupied the new courthouse the first term. On the 4th day of April, 1853, John M. Wilson was elected judge of said court, Walter Kimball clerk, and Daniel Mc- Ilroy prosecuting attorney. In 1857 Judge Wilson and Walter Kimball were respectively reelected judge and clerk of said court.
In the year 1859 a new act was passed by the Legislature of Illi- nois, which took effect February 21, 1859, in and by which the title of the court known as the Cook County Court of Common Pleas was changed to that of the Superior Court of Chicago, and it pro- vided, among other things, that said court should be composed of three justices and that the present judge of said court shall, during the time for which he was elected, be one of the judges of said court ; that on the first Tuesday of April, 1859, an election shall be held in Cook county, at which there shall be chosen two judges of said Superior court, who shall severally hold their offices for the following time, to-wit : The person receiving the greatest number of
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votes shall hold his office for six years, and the person having the next highest number of votes shall hold it for four years and until their successors shall be elected and qualified, and that on the first Tuesday of April, 1861, and every two years thereafter there shall be elected one judge of said court, who shall hold his office for the term of six years.
The act further provided that at the same time there shall be elect- ed two additional clerks of said court, who shall be styled "deputy clerks," who shall also hold their offices for the respective terms of six and four years, the person having the larger number of votes to hold it for six years, and on the first Tuesday of April, 1861, and every two years thereafter there shall be elected one clerk or deputy clerk, who shall hold his office for the term of six years; that the deputy clerks are, with the present clerk, to do and perform all the duties performed by the present clerk, and shall pay an equal proportion of the necessary expenses, and that the fees shall be equally divided between the clerks; that the process and record shall be tested in the name of the chief clerk and his successor in office.
The sixth section provided that there shall be paid to said addi- tional judges out of the State treasury the same salary that is paid to the present judge of said court, and that all fees to which the judge of said court may be entitled by law and all docket fees shall be paid into the hands of the treasurer of the county of Cook, and that the clerk of the Circuit court shall pay over to the treasurer of Cook county all judges' fees and docket fees received by him, and that all these fees shall be held by said treasurer as a separate fund for the payment of the judges, and shall be divided by the treasurer equally between the judge of the Circuit court and the judges of the Superior court, giving to each of said judges one- fourth part of said fees, at the end of every quarter.
The eighth section provided that the court shall be held in the courthouse in the city of Chicago, or some other convenient place in said city, and the different judges of said court may hold one or more courts at the same time at different places ; provided, it shall be the duty of at least one of said judges to attend daily at all reason- able hours at the judges' chamber for the dispatch of chamber busi- ness.
The ninth section provided that court shall be held on the first Monday of every month, and the terms of said court shall be held and continued from its commencement every day, Sundays excepted, until and including the last Saturday of the same month, and longer if necessary, to complete the trial of any cause then on trial.
It further provided that the judges of said court, or the majority of them, may adjourn the same on any day previous to the expira- tion of the term for which the same may be held, and also from any one day in the term over to any other day in the same term.
The eleventh section provided that either of said judges may hold
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court for the trial of causes at law or in chancery, and one or more of them may hold court at the same time in different places, but all cases and points reserved at trials, bills of exception, and demur- rers to evidence, motions in arrest of judgment, and issues in law · may be argued or submitted in said court before a majority of said judges, provided that demurrers to pleadings may be heard by either of said judges in court or in chambers.
The twelfth section provided that when the judges shall sit to- gether the oldest judge by commission shall preside and shall be styled the "chief justice."
Under the act before cited which changed the title of the court to the Superior Court of Chicago, an election took place in April, 1859, and Van H. Higgins was elected judge for the term of six years and Grant Goodrich for the period of four years.
Jurisdiction over probate matters in the territory that is now Cook county was in the County Commissioners' court of the county to which that territory was attached from the organization of the County Commissioners' court under the Constitution of 1818 until the organization of the Probate court in 1821. When Peoria county was created in 1825 the territory within the limits of what is now Chicago came under its jurisdiction, and the Probate court of Peoria county then had jurisdiction in probate matters over what is now the great city of Chicago.
The act of January 12, 1825, amending the act establishing the Probate court, provided that there should be established in each county a court of record, to be styled a Court of Probate, and that the General Assembly at its then session should elect by joint ballot some fit person in each county to be judge of probate for said county, and that the judges, when so elected, should hold their office during good behavior, and that they were to have the same jurisdiction as judges before that time appointed.
By the act of February 5, 1827, the Circuit court had jurisdiction of the sale of real estate of minors.
The act of January 2, 1829, provided that there should be estab- lished in each county a court of record, to be styled a "Court of Probate," the jurisdiction whereof was to be coextensive with the limits of the county, the judges to be elected a the then session of the General Assembly, which judges were to have jurisdiction in probate matters and such other matters as might be or were then vested by law. The General Assembly were at the then session to elect by joint ballot some fit person of each county of this State where a vacancy may be in the office of judge of probate to fill such office, and the respective judges so appointed to hold their office dur- ing good behavior.
On the 23d day of January, 1829, an act was approved, of 140 sections, relating to wills and testaments, executors and administra- tors, and the settlement of estates.
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By act approved March 4, 1837, so much of the former act as relates to the establishment of courts of probate in the several counties in this State is repealed, to take effect after the first Mon- day in August. The second section of this act provides that an election shall be held on the first Monday in August, also the first Monday in August in the year 1839, and on the first Monday in August every four years thereafter, for the purpose of electing one additional "justice of the peace for each county, to be styled by way of eminence and distinction a probate justice of the peace" of their respective counties. This probate justice of the peace was given the same jurisdiction as justices of the peace and was to have jurisdiction in all cases of debt or assumpsit where executors or administrators shall be party plaintiff or defendant, when the amount claimed to be due does not exceed. $1,000.
Richard J. Hamilton was the first judge of probate for Cook county. Isaac Harmon held the office of probate judge from Octo- ber, 1835, to March, 1837. He was one of Chicago's respected pio- neers, and performed the duties of the office with fidelity and as any good business man would have done.
Dr. Charles V. Dyer was probate judge from March, 1837, until December of that year. Walter Kimball had the "honor and dis- tinction" of being the first probate justice of the peace ever elected in Cook county.
Mahlon D. Ogden was elected probate justice of the peace, and served from September, 1839, to September, 1847. He was a brother of William B. Ogden, a gentleman of liberal education, and graduated at Trinity College, Geneva, N. Y., in 1832.
During the first thirty years of the existence of the State the courts having probate jurisdiction underwent many changes. First this jurisdiction was exercised by the County Commissioners' courts, then by a Probate court, which was abolished four times by legisla- tive act and a similar court created, the principal object appearing to be to get rid of the judges who were elected by the General As- sembly and were to hold their office during good behavior, and con- sequently could not be removed from office except by impeachment or abolishing the courts over which they presided. This jurisdiction was exercised by the probate justices of the peace from December, 1837, to December, 1849.
The Constitution of 1848 provided for the creation of a County court in each county of the State, which should have jurisdiction of all probate matters, and from December, 1849, until 1877, there was no such court by name in. the State as a Probate court.
By section 20, article 6, of the Constitution of 1870, the General Assembly provided for the establishment of a Probate court in each county having a population of over 50,000, and for the election of a judge thereof, whose term of office should be the same as that of the county judge, and who should be elected at the same time and
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in the same manner. Said courts, when established, should have original jurisdiction of all probate matters, settlement of estates of deceased persons, the appointment of guardians and conservators, and settlement of their accounts in all matters relating to apprentices and in cases of the sales of real estate of deceased persons for the payment of debts.
Under this section of the Constitution in 1877 the General As- sembly passed an act establishing Probate courts in all counties of the State having a population of 100,000 or more, providing that the probate judges should be elected at the same time and for the same terms as the county judges in the State. In 1881 this act was so changed as to establish Probate courts in all counties having a population of 70,000 or more. The first time the question of the constitutionality of the act establishing Probate courts under the Constitution of 1870 came before the Supreme court, it decided the are to be unconstitutional, but upon a rehearing by a divided court it held that the act was constitutional. (See Knickerbocker vs. The People, ex rel., 102 Ill., 218; Klokke vs. Dodge, 103 Ill., 125.) It was also held, upon the establishment of a Probate court in a par- ticular county, the County court of such county "is at once, by oper- ation of law, deprived of its jurisdiction in matters of probate and all other matters upon which Probate courts are given jurisdiction, and that the jurisdiction of the Probate court is exclusive."
In 1854 Calvin de Wolf was elected a justice in the South Town, and filled the office continuously, by elections and appointments, for more than a quarter of a century. He came to Chicago in an early day, was admitted to the bar and was a partner at one time of the late L. C. P. Freer.
The justices in 1857 were Isaac L. Milliken, Calvin de. Wolf, C. L. Diehl, J. A. Hoisington, and L. H. Davis for the South Town; Franklin Thwing, Charles H. J. Muller, S. B. Vernon, W. H. Stick- ney, and August Brunning for the North Town; Caleb D. Fitz, William Windoes, C. H. Barnum, Hiram H. De Mary, and Austin D. Sturtevant for West Chicago. Of the above named, Justices Milliken, de Wolf, Diehl, Hoisington, Muller, Stickney, Barnum, and Sturtevant were serving in 1865, with J. Summerfield, Aaron Haven, Charles McDonnell, Nicholas Berdell, and John M. Moore for the South Town; John G. Rommeis, John Cuthbertson, Edward Kehoe, John Atwater and Owen Dougherty for the North Town, and Nathan Allen, H. B. Ruger, and W. H. Hasse for the West Town. In 1870 Justices Milliken, de Wolf, Hoisington, Stickney, Dougherty, Sturtevant, and Moore were yet in the harness of petty judicial life, with James Winship and Henry Arnold in the South Town, John S. Quinn, Peter L. Hawkinson, and S. J. Dresser in the North Town, and August Kovatts, Andrew Enzenbacker, and George Sitts in the West Town. Many of the justices up to this time, some of whom were then in office, were men of learning, in-
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tegrity, and honor, and conscientiously administered their judicial duties in accordance with the evidence and the law. Rucker, De Wolf, Stickney, and Brown were lawyers. Barnum became one after the expiration of his term. Isaac L. Milliken, had served one term as mayor of the city of Chicago. Sturtevant had been a prin- cipal for years of one of our public schools, and there were others of equal ability and probity. Notwithstanding these, there were the Banyons and O'Malleys.
Peoria county, including the region of Chicago, was set apart from Fulton county January 13, 1825, and on the same day Austin Crocker and John Kinzie were confirmed by the 'State Senate as jus- tices of the peace for the new county. John Kinzie was not com- missioned, however, until July 28, 1825. He was, therefore, not only the first resident justice in Chicago, but one of the first con- firmed for Peoria county. It is doubtful whether he received any commission under his former appointment.
Alexander Wolcott and Jean Baptiste Beaubien were made jus- tices of the peace September 10, 1825, and they and Kinzie were judges of election in the Chicago precinct December 27, 1825. Jus- tices were made elective by the law.
John S. C. Hogan was elected July 24, 1830, and commissioned October 9, 1830, and Stephen Forbes was elected November 25, 1830. Chicago was still in Peoria county. After the organization of Cook county by act of January 15, 1831, four justices of the peace were elected for Cook county. Only one, William See, was a resident of Chicago; another, Archibald Clybourn, did not reside in Chicago at that day, although what was then his farm is now within the city limits. Russell E. Heacock was commissioned jus- tice of the peace September 10, 1831, and was probably the first justice before whom trials were held in Chicago. Isaac Harmon was elected June 4, 1832, probably to succeed Justice See. Justice Heacock and Justice Harmon, so far as can be learned, served until August, 1835, and Harmon was reelected August 9, 1835, for four years. John Dean Caton, who subsequently served for several years on the Supreme court bench with honor and distinction, was elected a justice of the peace July 12, 1834 and served more than a year in that capacity. William E. Casey was elected justice of the peace August 9, 1835, but did not serve long.
Previous to August, 1827, justices were nominated by the House of Representatives, confirmed by the Senate, and commissioned by the Governor. The act of December 30, 1826, repealed the act of February 19, 1819, and the county commissioners were ordered to establish not less than two or more than eight justices' districts in each county, and in each district two justices of the peace were to be elected except in that in which the county seat was located, which was entitled to three justices. The term of office was four years and until the successor qualified.
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In May, 1827, justices' jurisdiction was again extended to include cases of assault and of assault and battery. In 1833 the Legisla- ture, recognizing that some of the justices were irresponsible and conducted their official duties not in a judicial manner, required a bond for not only faithful performance of duty, but also for an exact accounting of all moneys passing through his hands as justice of the peace.
The act of January 15, 1831, establishing Cook county, led to its organization on March 8, that year, when J. S. C. Hogan, as justice of the peace, administered the oath of office to the three members of the Commissioners' court. Under the new order of affairs the election of justices was carried out according to law, and for many years the system was quite satisfactory.
By an act approved February 27, 1845, justices of the peace were to be elected after August, 1847, for two years only. This act was repealed by act approved February 12, 1849.
Among the justices who held office here prior to the creation of the three towns in 1851 and subsequent to the repealing act just referred to were L. C. Kercheval, L. O. Doolittle, H. L. Rucker, and H. Magee, each of whom filled the office prior to 1849 and after 1851.
The act providing for township organization in force April 1, 1851, provided that counties might at any of their annual elections vote for or against township organizations, and that whenever town- ship organizations were adopted by a county the County court should appoint three commissioners, residents of the county, to divide the county into towns, and each town should elect two justices of the peace. On the first election after the act went into force Cook county voted to adopt township organizations, and Chicago was divided into towns of South Chicago, North Chicago, and West Chi- cago, and two justices were elected in each town.
Under this act H. L. Rucker, L. C. Kercheval, S. J. Lowe, F. A. Howe, and V. A. Boyer meted out justice in the South Town, Ammon Moon and Jeremiah H. Sullivan in the West Town, and J. D. Aymar and Ache Kasson in the North Town. In 1852-3 Justices Howe, Kercheval, and Boyer were still on the South Town bench, Peter Duffey and Owen McCarthy were on the bench of the North Town, and Ammon Moon and J. H. Sullivan on that of the West Town.
In compliance with the Constitution the Legislature, at its next meeting, by act approved and in force March 30, 1871 (amended by act of March 25, 1875), provided that on or before the first of April and every four years thereafter that the justices of the peace. Circuit, Superior and County courts of Cook county, a majority of the justices concurring therein, should recommend to the Governor seven fit and competent persons to fill the office of justice of the peace in the town of West Chicago; also seven fit and competent
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persons to fill the office of justice of the peace in the Town of South Chicago; also five fit and competent persons to fill the office of jus- tice of the peace in the Town of North Chicago, and the persons thus recommended the Governor shall nominate, and by and with the advice and consent of the Senate (a majority of the Senators elected concurring by "yeas" and "nays") appoint justices of the peace in and for each of said towns respectively; and in case the Governor rejects any person recommended, or the Senate refuses to confirm any persons nominated, the Governor shall give notice of such rejection. Later the Municipal courts of Chicago super- seded the old justice court system, which had fallen into disrepute.
The office of police magistrate was abolished in the city of Chi- cago by the Constitution of 1870. The office of police justices cre- ated by the city ordinances are filled by the appointment of justices of the peace.
The judges of Cook county, in obedience to the above require- ments, recommended to the Governor as the first justices of the peace under the new order of things for the South Town, A. H. Banyon, N. B. Boyden, Charles B. Doggett, Calvin de Wolf, J. Charles Haines, S. C. Hinsdale, Charles Drandorff; for the North Town, Thomas Cannon, Robert C. Hammill, Henry A. Kaufman, Franz Rolle, Peter L. Hawkinson; for the West Town, Henry S. Austin, Max Eberhardt, Daniel Scully, John Van Woutd, A. D. Sturtevant. While most of the above appointments met with the approbation of the bar and the community, some were neither fit nor competent, and it is putting it mild to say there was much disap- pointment felt by those who had hoped for better things. During the term of office for which the above were appointed some of the most unfit for the position did the greatest amount of business. They were known as "plaintiff's justices."
In 1875 the South Town justices were Calvin de Wolf, John Summerfield, Peter Foote, Joseph Pollock, George A. Meech, Lo- gan D. Wallace and J. Charles Haines ; the West Town were Daniel Scully, Alvin Salisbury, Max Eberhardt, Orlin P. Ingersoll, Red- mond Sheridan, A. L. Morrison and C. R. Matson, while the North Town justices were H. A. Kaufman, W. H. Robinson, Martin Paulson, W. F. de Wolf and R. C. Hammill. In 1879 there were appointed for the South Town D. Harry Hammer, John Summer- field, Peter Foote, Joseph Pollock, George A. Meech, Logan D. Wallace and Hardin B. Brayton ; for the West Town, Daniel Scully, David Walsh, Max Eberhardt, Orlin P. Ingersoll, Alex L. Morrison and Canute R. Matson, and for the North Town, H. C. Kaufman, Archibald H. Robinson, John M. Wilson, Henry Hudson and Peter L. Hawkinson.
In 1883 the appointments for the South Town were Thomas D. Brown, Hardin B. Brayton, D. Harry Hammer, George A. Meech, David J. Lyon, Peter Foote and Randall H. White; for the West
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Town were Daniel Scully, Charles W. Woodman, Max Eberhardt, Orlin P. Ingersoll, Francis C. Russell, Charles J. White, Edward Fisher, and for the North Town were Charles Arnd, Louis Kistler, John C. Barker and George Kersten.
In 1887 there were appointed for the South Town Hardin B. Brayton, D. Harry Hammer, David J. Lyon, Randall H. White, John K. Prindiville, Robert W. Smith and Thomas B. Bradwell; for the West Town, Daniel Scully, Max Eberhardt, Charles J. White, James Doyle, Michael A. Le Roy and Jarvis Blume, and for the North Town, George Kersten, E. C. Hamberger, Judson F. Young and Thomas Sweeney.
The justices in 1891 for the South Town were Hardin B. Bray- ton, David J. Lyon, Randall H. White, John K. Prindiville, E. T. Glennon, Thomas Bradwell, M. R. M. Wallace, William S. Everett and George R. Foster; for the West Town, Daniel Scully, Max Eberhardt, Charles J. White, James M. Doyle, Michael A. Le Roy, Jarvis Blume, Charles W. Woodman, Olof F. Stevenson and James C. Dooley; and for the North Town, George Kersten, E. C. Ham- berger, Daniel L. Wheeler; Walter J. Gibbons and Charles Hoglund.
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