USA > Illinois > Vermilion County > History of Vermilion County, Illinois : a tale of its evolution, settlement and progress for nearly a century, Volume I > Part 40
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The construction of numerous railroads and the development of the water route around the Great Lakes, making the markets of the more settled east accessible to the western producers, tended to draw home-seekers to the fertile fields of Illinois. Therefore, by 1848, the legislators deemed it necessary to adopt a new constitution to meet the changed conditions due to the great in- crease in population and the increased commercial activity. The new constitu- tion provided for a supreme court, composed of three judges elected by the people for a term of nine years at a salary of twelve hundred dollars a year. The General Assembly was to divide the state into nine judicial circuits, each of which would include several counties, and would be presided over by a circuit judge elected by the people, and who was to serve for a term of six years, at a salary of one thousand dollars a year. Provision was made for a
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state's attorney in each circuit whose term of office was to be for four years. Jurisdiction over all probate matters was given to a county judge to be elected by the people of each county for four years.
The first circuit judge elected for the fourth circuit, which included the counties of Coles, Douglas, Champaign, Piatt, Moultrie, Macon and Vermilion, was the Honorable David Davis, who occupied the bench from 1849 until 1861. He was succeeded by the Honorable Oliver L. Davis, who held the office until June, 1866, when he resigned to resume active practice, Judge James Steele being appointed by the governor to finish out the unexpired term.
Joseph G. Cannon was twice elected to the office of state's attorney, hold- ing that position from 1860 until 1868. Mr. Cannon was a resident of Tuscola, where he practiced law until 1872, when he was elected to congress. In 1876 he removed to Danville, and since that time has represented his district almost continuously.
When the Civil war broke out in 1861, three of the then practicing attorneys responded to the call for volunteers-Col. Oscar F. Harmon, Capt. William W. Fellows and Lieut. Raymond W. Hanford. The two first named of these brave soldiers met their death after three years of honorable service at the battle of Kenesaw Mountain June 27, 1864. Lieut. Hanford was captured at Trenton, Tennessee, and paroled.
During the war Danville was the scene of several outbreaks, in which two or three lives were lost. Criminal proceedings were instituted, however, in but one case-that of the killing of Mr. Lamm-and the crimes went unpun- ished except for private retribution.
Immediately after the war, Danville took on a more rapid growth. The Chicago, Danville & Vincennes, and what is now the Peoria division of the Big Four railroads, were all built at about this time. The output of the coal fields around the city was consequently greatly increased, since a ready market was obtainable for all the coal produced. The rising importance of Danville as a business and commercial center attracted, among other business and pro- fessional men, a number of young lawyers who were looking for a suitable location. Some of these men have had long and honorable careers in their chosen profession and their names are familiar to all of us.
One of the first and most active was J. B. Mann, who was admitted to practice in 1867, and formed a partnership with Judge O. L. Davis. Mr. Mann was the first city attorney of Danville, elected in 1867. After Judge O. L. Davis returned to the bench in 1873, Mr. Mann entered into partnership with the Honorable W. J. Calhoun and D. C. Frazier, which firm was one of the strongest in this section of the country. In 1892 he removed to Chicago, where he remained until 1902, when he returned to this city and resumed his practice. Mr. Mann is one of the most honored and respected members of the bar, and at present holds the position of corporation counsel of the city of Danville.
The Honorable W. J. Calhoun commenced the practice of law in 1875 with J. B. Mann, and was eminently successful. He left this city in 1899 for Chi- cago, which offered a better field for a man of his ability. He continued as a successful practitioner until 1910, when President Taft selected him as United States minister to China.
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The Honorable Ferdinand Bookwalter located at Danville in 1872, and after twenty years as a successful practitioner, was elected to the circuit bench, where he served from 1891 until his death in 1902.
Another attorney who spent many years in active practice was Judge D. D. Evans, who came here in 1865. He was elected county judge for two succes- sive terms from 1882 until 1890. He continued in the practice until his death in 1910.
Among other prominent attorneys who located in Danville at this period (but who, because of the brevity of this article, can no more than be men- tioned), were Hiram Blackburn, who served a term as state's attorney and as a member of the General Assembly; Peter Walsh, who also served a term as state's attorney; the Honorable W. R. Lawrence, who until recently was a federal judge in Oklahoma; the Honorable Joseph W. Jones, at one time state's attorney and now serving as circuit judge at Sioux Falls, South Dakota ; C. M. Swallow; Frank Penwell; Capt. E. Winter; George G. Mabin; G. W. Salmans; and G. F. Coburn, all of whom have enjoyed an enviable reputation for honesty and integrity.
The court house of Vermilion County has been the scene of many hard fought legal battles, some of which have aroused intense public interest, filling the court room with excited listeners from the beginning of a case to its close, while some have dealt with the most profound and difficult principles of the law.
The longest drawn out, and one of the most interesting litigations arising in this county, was a suit involving the right of an eleemosynary corporation to rent for profit the corporate property, after the corporation had ceased to do business under its charter. In 1850 the Danville Seminary was incorporated under the act of 1849 for the purpose of establishing and conducting institutions of learning. The organization was effected and carried on by members of the Methodist church. The school (which was called the Red Seminary) was located on two acres of ground at the northwest corner of Main and Pine streets. The Presbyterians immediately got together and erected the White Seminary at the northeast corner of Vermilion and Seminary streets. Both schools were highly efficient and a credit to their supporters. Nevertheless, the most bitter rivalry developed between the adherents of the two schools. Fre- quent quarrels and harsh words were indulged in between the two factions. The climax was reached when G. W. Cassidy of the Methodists, wrote an article attacking Dr. Fithian of the Presbyterians. Dr. Fithian brought a suit for libel and recovered a judgment which he collected. For a number of years thereafter Mr. Cassidy listed for taxation, among his other properties, "the character of Dr. Fithian, valued at $400," which Mr. Cassidy claimed he had bought and paid for.
After the introduction of the present public school system, there was no further need for the seminaries and they were abandoned. The red seminary was leased to the school trustees and used as a grade school. Thereupon, in 1876, Mrs. Melissa Lemon who was the grantor of the property to the corpora- tion, brought a bill in equity by her attorneys, R. D. McDonald and Mann & Calhoun, praying to have the property reconveyed to her and a judgment of
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ouster against the corporation, which had ceased to do business under its char- ter. D. D. Evans, representing the defendant, demurred to the bill. The court sustained the demurrer. The upper court reversed the decision, and sent the case back for trial. In the meantime, the Danville Seminary was again used as a school, as provided in its charter. The case was dropped for a while, but when the corporation again endeavored to use the premises for other than educational purposes, the suit was reinstated. R. D. McDonald again repre- sented the plaintiff, assisted by W. R. Lawrence. D. D. Evans represented the defendant, assisted by Mann & Calhoun. The court found for the plaintiff and the decree was upheld by the upper court in 1892, the case having been on the docket for seventeen years.
ยท In 1876, the case of Mary Jane Mann vs. David S. Blackburn was brought to this county, by a change of venue, from Edgar County. The action was one for a breach of promise for marriage and aroused the greatest interest in this and in Edgar County. The parties to the suit were members of two of the most prominent families in Edgar County, the defendant being considered a very wealthy man. The plaintiff was represented by D. W. Voorhees, the Honorable R. N. Bishop of Paris, and J. B. Mann. The counsel for defendant were Major Jonathan Gordon of Indianapolis, the Honorable William Mack of Terre Haute, the Honorable Henry S. Van Sellar of Paris, and Peter Walsh of Danville. There was a verdict and Judgment for $15,000 for the plaintiff which was then a record in such a case. It was in this case that Major Gordon created a great sensation by what is known among lawyers as "dropping the pigeon" on Mr. Voorhees, refusing to reply to the opening argument of the plaintiff which was made by J. B. Mann. The defense feared the terrible effect of the well known eloquence of Mr. Voorhees. The latter has many times told his friends that it was his belief that had he been allowed to address the jury, his argument would have been the best of his life. After taking a long course through the courts, the plaintiff collected her judgment in full.
One of the most important cases which ever came before Judge Bookwalter was the case of James P. Fletcher vs. Walter C. Tuttle, county clerk, reported in 151 Ill. 41. In that case Mr. Fletcher, a republican, was a candidate for the legislature, and he filed a bill in the circuit court for injunction claiming that the act of 1893, apportioning the state into senatorial districts was unconsti- tutional, and asking that Mr. Tuttle, as county clerk of Vermilion county, be restrained from issuing or causing to be posted notices of election according to that act, and asking that the old district be recognized instead of the one es- tablished under the new act. It attracted more than local attention because of the fact that it affected every district in the state and was, in its nature, a political issue between the republican and democratic parties, and the prominent politicians of the state took an active interest in the matter and some of the ablest attorneys in the state were engaged in the case. Those representing Mr. Fletcher were George Hunt, formerly attorney general of the state, Wil- liam J. Calhoun and Mr. E. S. Smith. Those representing the defense were Morris T. Maloney, then attorney general of the state, T. J. Scofield, M. L. Newell, James M. Graham and S. G. Wilson, then state's attorney of Vermilion county. The argument in the case took a large range and covered the under-
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lying constitutional questions. The prominent newspapers of the state took great interest in the case and had their reporters here to take all of the speeches and the opinion of the court in shorthand and a full report of the proceedings was telegraphed daily to the leading Chicago newspapers as well as other large newspapers in the state. Judge Bookwalter finally decided that, since the suit was brought in a court of chancery, complainant was not entitled to any relief because a court of chancery had no jurisdiction over a political question, and this holding of Judge Bookwalter was afterwards sustained by the supreme court.
The People of the State of Illinois vs. Davis was a case brought from Cook County to Vermilion on a change of venue. W. J. Davis was indicted for man- slaughter for the alleged killing of Vivian Jackson in the Iroquois Theater at Chicago, December 30, 1903. J. J. Haley, W. Barber, J. W. Keeslar, W. T. Gunn and George T. Buckingham represented the People, and Levy Mayer, Alfred Austrian and W. J. Calhoun, of Chicago, and J. B. Mann, of Danville, and Isaac Craig, of Mattoon, defended. The Honorable E. R. E. Kimbrough was the presiding judge. Over two hundred witnesses had been brought from Chi- cago to testify for the People. After the jury has been sworn, and while the first witness was testifying, the court ruled that the State should introduce the fire ordinance of the city of Chicago upon the violation of which manslaughter was charged. The ordinance was objected to as void on the grounds that, first, it did not enclose the territory suposed to be included; second, the ordi- nance was uncertain; third, the ordinance was discriminative (a) by its terms placing heavier burdens on theaters than on other buildings, (b) by applying unequally to theaters, (c) including only part of the theaters in the city, (d) by having arbitrary boundaries. If it was void, the State had no case; if valid they had a case to go before the jury. On the opening objection, Levy Meyer talked three days. Mr. Keeslar and Mr. Buckingham replied in one day. Mr. Mayer, Mr. Mann and Mr. Calhoun rejoined in another day. The court held the ordi- nance void, and directed the jury the acquit the defendant. The universal opinion was that while the fire was a most terrible thing, that as a legal proposition the defendant was guilty of no crime.
The Danville Water Company vs. the City of Danville. On January 17, 1895, the city council of the city of Danville, conceiving that the rates which were charged by the Water Company for hydrant rentals, and also the rates to private consumers, were too high, passed two ordinances which effected a reduction of the rate which were fixed in the original ordinances passed by the city council in 1882, and certain amendatory ordinances passed from time to time, by the terms of which additional fire hydrants were located and rented.
In 1895 the number of hydrants rented by the city was one hundred and fifty-eight. By the terms of the old ordinances, the rentals varied from $75 per annum for the first one hundred to $62.50 for the next forty, and $50 per annum for the excess. By the new ordinances the price of the first one hundred and forty was fixed at $50 per annum, and for the others above that number, at $40. This being considered by the Water Company as an in- vasion of the terms of its contract, began suit in the circuit court by their at-
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torneys, W. R. Lawrence and J. B. Mann, for the water rental at the old rents, for the first quarter ensuing after the passage of the ordinance.
To this contention and position of the Water Company, the city, by George F. Rearick, its attorney, replied that by the new ordinance in question, the rates had been fixed at a less sum, and that the rates fixed in the first ordinances were not unalterable for the full term of the thirty years which was the length of the franchise, and that the city had the right, from time to time, so often as be- came necessary, to regulate the rates, both as to the public consumption and to private consumers, so long as the price was not reduced below what was just and reasonable compensation for the services rendered.
. The Honorable Ferdinand Bookwalter decided in favor of the Water Com- pany and held that the original ordinances constituted an irrevocable contract, and, therefore, the new ordinances were invalid, and gave judgment for the full amount claimed, on the basis of the old rates.
The city appealed to the Supreme Court of the state. This court at the first hearing, decided by a divided court of four to three, in favor of the con- tention of the Water Company, but afterwards granted a rehearing, and the case was reargued by oral argument. After this rehearing, the court reversed its former position, and by a division of four judges against three, decided that the contention of the city was right, and that the original ordinances did not con- stitute a contract for the unalterable rate fixed for the term of thirty years in advance, but constituted only a rate which was prima facie valid until it was attacked and shown to be unreasonable.
The case being reversed by the supreme court of this state, was sent back to the circuit court, with directions to sustain the city's contention. The cir- cuit court did this, and the water company then perfected an appeal to the supreme court of the state which confirmed its former opinion. Then the water company perfected an appeal to the supreme court of the United States, where the same question was again urged, viz .: that the new ordinances violated that section of the United States constitution which prohibits any ordinance impairing any obligation of a contract.
Meanwhile similar controversies had arisen in the municipality of Rogers Park and in the city of Freeport, and the three cases involving the same gen- eral principles were heard and considered by the United States supreme court at the same time. The Water Company was represented by W. R. Lawrence, J. B. Mann, Alexander Humphreys and William Davies; the city, by George F. Rearick and John Lewman.
This court after full consideration decided by a divided court of five to four, that the city did have the right from time to time to regulate the rates, and that the old ordinances did not have the force of an unalterable contract. The de- cision of the United States supreme court was handed down March 25, 1901. The case was, therefore, in the courts for over six years.
It settled a very important principle governing the relation between public service corporations and the public, viz .: That the business of such corporation being impressed with the public interests, the public have the right to fix the charges to be made by such corporation, but with this limitation, that the price
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so fixed must always be just and reasonable both to the public and the con- sumer on the one hand, and the corporation furnishing the service, on the other.
The court house erected in 1833 was destroyed by fire in 1872 and it was the belief of many that the fire was incendiary, as the old building had become an eyesore to some of the more progressive residents of the city. The present court house was completed in 1876. During its construction, court was held in the opera house at the corner of Vermilion and North streets. The new structure was a very imposing one for that time, but it has also served its day of use- fulness and is soon to give way to a larger and more handsome edifice.
The Honorable O. L. Davis returned to the circuit bench in 1873, and served faithfully for twelve years, after which he practiced until his death in 1892.
The Honorable Jacob W. Wilkin moved to this city from Marshall, in 1885. Judge Wilkin had served one term as a circuit judge in this circuit, and had just been reelected. In 1888 he aspired to the position of supreme justice of the state of Illinois and was elected. He filled that position honorably and well until his death in 1907.
The unexpired term of Judge Wilkin on the circuit bench was filled by Judge Vail, of Decatur. In 1891, the Honorable Ferdinand Bookwalter was elected to the bench and served until 1902.
At present the Vermilion County bar numbers over one hundred, including in its membership some of the ablest and best known attorneys in the state of Illinois.
The Honorable E. R. E. Kimbrough is one of the most respected; he located here in 1876 and practiced until called to the circuit bench in 1902, which office he still holds, having been reelected in 1909.
The Honorable Morton W. Thompson commenced the practice of law in 1884. He was appointed county judge in 1897 and elected to that position the following year. Judge Thompson was elected circuit judge in 1903 and re- elected in 1909.
One of the best and most eloquent lawyers of whom Vermilion County boasts is George T. Buckingham, who, though now removed to Chicago, is looked upon as a native son.
George F. Rearick enjoys a most enviable reputation and is a man of sterling worth. He ranks as one of the best lawyers that Vermilion County has produced.
O. M. Jones is recognized as a man of exceptional ability, his demeanor and eloquence rendering him extremely effective before a jury.
H. M. Steely came to Danville from Hoopeston in 1892 and enjoys a large and extensive practice.
The Honorable Isaac A. Love, county judge from 1906 to 1909 is again en- gaged in active practice in this city.
The Honorable Charles A. Allen, of Hoopeston, and Senator Martin B. Bailey, of Danville, have gained state wide prominence as members of the state legislature.
Among the younger well known attorneys are the Honorable S. Murray Clark, one time county judge; Frank Lindley ; James A. Meeks, master in chan-
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cery; A. A. Partlow, who served six years as master in chancery; Ex-Senator Wm. A. Acton; John Lewman, the present state's attorney; the Honorable Lawrence T. Allen, county judge, and Honorable Clinton Abernathy, who, though not a member of the bar, has been elected to the newly created office of probate judge.
THE FEDERAL COURT.
A history of Vermilion County or of the city of Danville would not be complete, at this time, without at least a brief mention of the United States circuit and district courts for the eastern district of Illinois, of which district Vermilion County is a part. The history of the federal courts at Danville dates back to about the time of the erection of the present old "federal" building on the northwest corner of Vermilion and Harrison streets. Lawyers and men of business interests had long felt the need of, and advantage to be derived from the location of a federal court at Danville. Prior to the organization of the eastern district of Illinois, Vermilion County was a component part of the southern district of Illinois, with the seat of the courts at Springfield. While it was apparent that changes were necessary, it was not deemed advisable to establish a new division of the then southern district of Illinois, but on July 2, 1890, a bill was passed by the national congress providing that a session of United States circuit and district courts for the southern district of Illinois should be held at Danville, beginning on the first Monday of May of each year. Accordingly when the bill was introduced in congress, which was passed on March 3, 1891, appropriating money with which to erect a post office building at Danville, the necessary steps were taken to provide adequate quarters and accommodations for the federal courts which were then expected to be held. Provisions were made for a deputy clerk and a deputy United States marshal to be permanently located here. It was only expected that the other officers of the courts would be at Danville when the courts were in session as was provided, twice each year. And such, for many years, was the case.
By reason of the growth in population as well as the industrial growth of the state, and the increase of business in the federal courts as then established in Illinois, it eventually became evident that a reorganization of the districts of the state was necessary. So, after extensive consideration by the then fed- eral judges, the several congressmen and the senators from the state, a plan was agreed upon whereby the state was to be redistricted and three districts to be formed instead of two.
On March 3d, 1905, a bill was passed by congress providing in part as fol- lows: "That there shall be, and hereby is, created, an additional judicial dis- trict in the state of Illinois to be known as the eastern district of Illinois, and the same shall consist of the following named counties in Illinois, to-wit: Kan- kakee, Iroquois, Ford, Vermilion, Champaign, Piatt, Moultrie, Douglas, Edgar, Shelby, Coles, Clark, Cumberland, Effingham, Fayette Marion, Clay, Jasper, Crawford, Lawrence, Richland, Clinton, Saint Clair, Washington, Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, Randolph, Mon- roe, Gallatin, Saline, Williamson, Jackson, Hardin, Pope, Johnson, Union, Alexander, Pulaski and Massac."
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"That the terms of the circuit and district courts in and for said eastern district of Illinois, shall be held at the city of Danville, commencing on the first Mondays of March and September of each year, and at the city of Cairo, commencing on the first Mondays of April and October of each year, and at the city of East Saint Louis, commencing on the first Mondays of May and November of each year."
The following persons were appointed officers of the courts for the new district : Judge Francis M. Wright of Urbana, well known to the state as a profound lawyer, with a splendid record on the bench of the circuit and appel- late courts of Illinois, and a then justice of the national court of claims, at Washington, D. C., was appointed judge of the dictrict court of the United States for the eastern district of Illinois, by President Roosevelt, and became the presiding judge of the circuit and district courts of the United States for that district. Major Daniel Hogan, of Mound City, was appointed clerk of both the circuit and district courts; Hon. Charles P. Hitch, of Paris, was appointed United States marshal, and Hon. William E. Trautmann of East St. Louis, was appointed United States attorney.
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