USA > Illinois > Illinois, historical and statistical, comprising the essential facts of its planting and growth as a province, county, territory, and state, Vol. II > Part 40
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 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81
At another time, a man was indicted for stealing a calf. It was evidently a case of mistaken identity, but seeing that the court and the bar were against him, Fridley determined to convict if possible. He exhausted all his powers of ingen- ious turns and telling expressions upon the case, and notwith- standing the judge had the last speech and instructed strongly in the defendant's favor, the jury returned a verdict of guilty. Having accomplished his purpose, he made no objection to the motion for a new trial which of course was readily granted.
His argument to the jury, in a case where it was contended that the bill stolen by the defendant - for which he was indicted for grand larceny-was not worth five dollars as it was at a discount of two per cent, for the purpose of reducing the crime to petit larceny, "that as it was at par for goods or labor the defendant should not be allowed to steal it at a discount," was long quoted as one of the sharpest and wittiest turns ever made in a court.
While the bar had its fling at Fridley's indictments and his bad orthography, often assisted by the court, he always got even with them with interest when the opportunity offered. Having once brought up before Judge Caton some question which had been decided against him, the judge informed him that if he wanted that question reexamined he must take it to a court of errors. Fridley remarked in an undertone, but dis- tinctly audible to the lawyers around him, that "if this court is not a court of errors, I'd like to know where you'd go to find one."
* Judge Caton in Chicago Legal News, XXI, 228.
971
JUDGES TRUMBULL, CATON, AND TREAT.
Judge Fridley had no faith in the celebrated prosecution in 1844 of Owen Lovejoy for abducting slaves, and was opposed to having him indicted; but at length yielded to the insistance of his party friends, though in doing so he remarked, "I can tell you what it will result in. He will be cleared by the jury, and taken up by the people and elected to congress"-which result, as is well known, actually followed.
Fridley was the author of the aphorism so often quoted, originally uttered when criticising the bad management of a lawsuit, "Well, there is no law in this country against a man making a d-d fool of himself if he's a mind to." He is still living, February, 1891, hale and hearty, dividing his time be- tween his residence at Aurora and attention to his real estate in Chicago.
At the first election under the constitution of 1848-in September of that year-the successful candidates for judges of the supreme court were Lyman Trumbull, Samuel Hubbel Treat, and John Dean Caton. Trumbull's opponent was David J. Baker, an eminent member of the early bar of Southern Illinois, who had served a short time in the United - States senate. Judge Trumbull drew the short term, three years, and was reëlected in 1851. Resigning in 1853, he was succeeded by Walter B. Scates.
Judge Treat had no opposition. He served as judge of the circuit-court from 1839 to 1841, and in the supreme court four- teen years, from 1841 to 1855; when he was transferred, by appointment of President Pierce, to the bench of the United- States district-court for the southern district of Illinois, where he continued to sit until his death, March 27, 1887, serving continuously for forty-eight years, a longer term than any other judge in the State.
Judge Caton, who opened the first law-office in Chicago in June, 1833, and, with Judge Giles Spring, tried the first jury- case in the Cook-County circuit-court the following year, had also occupied a seat on the supreme-court bench since 1842, and had practically no opposition at this election. He was twice re- elected, and finally resigned, Jan. 9, 1864, after a distinguished service of nearly a quarter of a century. Since that time, residing chiefly in Chicago, he has devoted his attention to his
972
ILLINOIS-HISTORICAL AND STATISTICAL.
large private business, to travel, and to literature. His princi- pal works, "A Summer in Norway," "Antelope and Deer of America," and "Miscellanies," have been well received and widely circulated. He is still living, February, 1891, aged 78.
Sydney Breese, alone, had the distinction of serving on the bench of the supreme court under each of the three constitu- tions of the State, serving in all, at the time of his death in 1878, twenty-five years.
All the supreme-court judges elected under the constitu- tion of 1848 were democrats; and at one time all of them, Breese, Caton, and Skinner, were found to be natives of Oneida County, New York; upon learning this, Abraham Lincoln, laughingly exclaimed to one of the judges that he had never been able to understand before why this was a "one-idea court."
John M. Scott, Benjamin R. Sheldon, two of the judges of the supreme court, at first elected under the constitution of 1870, were reelected, as also John Scholfield, Pinkney H. Walker, T. Lyle Dickey, and Alfred M. Craig.
Judge Scott was a native Illinoisan, having been born in St. Clair County in 1823. Before his election as a member of the supreme court, he had served as judge of probate in his county-McLean, and as judge of the circuit-court from 1862 to 1870, making a total service of over twenty-seven years. He declined a reelection in 1888, as did also Judge Sheldon.
The supreme court of Illinois is now constituted as follows: Alfred M. Craig, chief-justice; associate-justices: Joseph M. Bailey, David J. Baker, Benjamin D. Magruder, John Scholfield, Jacob W. Wilkin, and Simeon P. Shope. Norman L. Freeman has occupied the responsible position of reporter since 1864.
Two of the supreme-court judges, John Reynolds and Ford, have been governors of the State; seven, Breese, Douglas, Trumbull, Shields, Young, Semple, and Robinson, United- States senators; and three, Reynolds, Douglas, and Thornton, members of the lower house of congress. These promotions, if they may be so termed, account for the more frequent resig- nations under the first constitution than under either the second or third-the tendency being to separate the judiciary from partisan politics, a course which meets with general approval,*
* See Statistical Record for complete list of Judges.
WALTER Q. GRESHAM
THOMAS DRUMMOND
MELVILLE W. FULLER
HENRY W. BLODGETT
WO J. ALLEN
CHICAGO.
FERGUS ATG. CO.
AS
OR Ny
LIBRE
973
CONFERENCE-ROOM OF THE SUPREME COURT.
Judge Caton, in his recent sketches of the bench and bar,* lifts the curtain which has so long hid from public view the proceedings of the members of the supreme court in the con- ference room. While there is nothing startling in his revela- tions, they are exceedingly interesting. Their discussions upon cases involving undetermined law-points must have been as exciting as they were instructive. It is certainly to the credit of the judges that these discussions, however earnest and animated, were never acrimonious, and were not pursued with the object of securing a merely personal triumph. "Something had frequently to be yielded for the sake of harmony" but not at the sacrifice of principle.
Under the first constitution, no minutes were kept and a case was considered as soon as it was finally submitted. The older members willingly avoided the labor of writing opinions, while the younger ones sought this distinction that their names might figure in the reports. The discussion of a case, however, would generally indicate which one of the judges had the clear- est views of the law, and to him the record was given. Some- times a judge was called upon to write the opinion reversing his own decision in the court below. During the period of the three judges, with the natural increase of cases, the proceedings were more orderly and systematic. The chief-justice kept an agenda or memorandum-book, in which were entered the title of the case to be decided, the several points involved, the deci- sion upon each as agreed upon, and the name of the judge designated to write the opinion.
Since the reorganization of the supreme court under the present constitution, the course of proceeding is as follows:
The chief-justice presides in the conference-room as well as in the sessions of the court, but if he should be temporarily absent, the senior justice presides in his stead. All business before the conference is controlled and directed by the chief- justice, except in the consideration and decision of motions, and then the justice that keeps the agenda and motion-docket during the open sessions of the court, presides and directs as to the disposition of the business before the conference. By the constitution of 1870, the justices of the supreme court select
* Chicago Legal IVews 1888-9.
974
ILLINOIS-HISTORICAL AND STATISTICAL.
one of their number to be chief-justice. Since 1873, the term of the chief-justice is for one year, and the order of the succes- sion is determined in advance by allotment under a rule of court. Although the term is so short, the presiding justice is uniformly treated with the most respectful consideration.
All causes on the docket ready for hearing are submitted in open court, generally upon printed abstracts, briefs, and argu- ments without oral arguments, although counsel have the privi- lege under the rules of court, to argue orally every case, but that is seldom done except in the most important causes. All causes as they are submitted are entered upon an agenda, usually kept by the same justice that keeps the motion-docket in open court, and are given an agenda number in the order of their taking, without reference to the docket number of the case. Most gener- ally where a cause has been exhaustively argued orally in open court by counsel for the respective parties, on the court return- ing to the conference-room the chief-justice takes the vote on the final decision of the case. Two exceptions to this general rule exist: Ist, when any member of the court is not satisfied and wishes to examine the case further; and 2d, in cases of grave importance, although argued orally, when the printed abstract and arguments are read and the authorities cited are consid- ered before taking the final vote. By far the greatest portion of the labor of the conference-room consists in considering cases submitted on printed briefs and arguments. That is usually done by one justice reading aloud the briefs and abstracts, while the other justices sit conveniently near so they can hear, and at the same time holding a copy of the brief being read, and in that way they both hear and follow the reader as he proceeds. When the reading of the abstract and the arguments is finished and such authorities as have been cited are examined, and sometimes others, the case is open for discussion.
In the manner or mode of discussion, not much order is observed. Any member of the court who chooses to do so can make such suggestions as occur to him. The discussion quite often-almost always-becomes general, and before it closes every member of the court has participated in it. After this, the chief-justice takes the vote upon the final decision of the
975
THE CONFERENCE-ROOM.
case. That is done by calling upon the junior justice first to vote, and then the next in rank, and so on until all are called, the chief- justice voting last. When any member of the court is called, he is at liberty to make any suggestions that occur to him in support of his vote, but usually he simply answers that he votes to "affirm" or "reverse," as the case may be. After the vote is taken, brief notes of the points decided are made by each justice in his agenda, and it is from these notes the opin- ions are written in vacation.
Causes are often considered in the conference-room without any reference to the order in which they were submitted or to the agenda number placed on them, because of delay in getting them ready. When all have been considered, they are divided among the several justices for the writing of the opinions of the court. That is done by calling the cases, by the chief-justice, on the agenda. On this call, the chief-justice takes cause number one on the agenda and the senior justice number two or the next cause that has been considered, and so on in the same order until the junior justice is reached, and then the same thing is gone over until all the causes that have been decided are divided in that way. It often happens that the causes taken on the agenda for some reason or other are not all decided at the term of the court at which they were sub- mitted. In that event they are passed until the coming together of the court at its next session. Of course it can not be known in advance what cases will be decided and what ones will pass over under the rule, and it is for that reason it is seldom any justice knows when a case is being considered to whom it will fall by the allotment for an opinion.
But few opinions are written in the conference-room. The fact that the supreme court is required by law to hold its ses- sions in three separate grand divisions, at points quite far apart, renders it necessary that the judges should take home with them the cases assigned to them, to write the opinions, other- wise they would be absent from their respective homes nearly or quite all the year. On coming together again at the next session of the court the opinions prepared in vacation by the several justices are read in full conference. It not infre- quently happens that on the reading of the opinion a new
976
ILLINOIS-HISTORICAL AND STATISTICAL.
and sometimes an elaborate discussion follows of the whole case, as presented by the opinion submitted. Often the printed arguments of the respective parties, together with the abtract of the record, are read again in full conference. The opinion is subjected to the severest criticism. Every possible objection is suggested. All this is done to provoke discussion, which is thought to be the surest way to detect any error that may be in the opinion. Should the opinion prove to be unsatisfactory to a majority of the court, it is rejected, and the record is assigned to another justice for an opinion. The reassignment is also made by lot, as cases are assigned in the first instance. But when the opinion submitted is approved by the court or by any four members it is endorsed "O. K." That simply means the opinion is adopted as the opinion of. the court. And so these letters are understood by all connected with the court and also by the clerks in the several grand divisions to whom the opinions are sent to be filed and recorded. Unless the letters "O. K." are endorsed on the back of the opinion, no clerk would venture to file it and enter judgment in vacation in accordance therewith.
Exactly when these letters first began to be used by the court in the sense they are now employed would be difficult to ascertain. It is certain they were so used prior to the reorgani- zation of the supreme court under the constitution of 1870. It is perhaps generally understood that those letters-"O. K."-were first suggested and used by Judge Caton, when the court con- sisted of three members, as a brief mode of noting the fact that the opinion read was concurred in by the requisite number of justices to make a decision under the constitution. These letters have been used so long by the supreme court for the purposes for which they are still employed that it seems probable they will continue to be so used forever. After the opinion in a cause is marked "O. K." that is the end of it so far as the court is concerned, unless it is brought back to the conference-room on a petition for a rehearing. The case is then reconsidered. If the petition is allowed, the cause is placed back on the docket and retaken, and is again considered in the conference- room in the same manner as cases are on the original sub- mission; but if the petition for a rehearing is denied, that is
977
FEDERAL, CIRCUIT, AND DISTRICT JUDGES.
the end of the cause in the supreme court forever. The history of the considering of one case in the conference-room is the history of all cases. It is a ceaseless round of thoughtful and severe labor .*
Thomas Drummond, then of Galena, succeeded Nathaniel Pope as judge of the United-States district-court of Illinois in 1850; and when the district was divided, in 1855, he was assigned to the northern district, and Judge Treat to the south- ern, as stated above. In 1869, he was appointed judge of the circuit-court of the United States for the seventh judicial dis- trict, comprising the states of Illinois, Indiana, and Wisconsin, which position he continued to hold until he was retired in 1884. He died at Wheaton, Illinois, May 15, 1890, aged 81 years.
Upon the retiracy of Judge Drummond in 1884, he was succeeded by Walter Q. Gresham, formerly judge of the United- States district-court of Indiana, which position he had resigned to accept the postmaster-generalship in the cabinet of President Arthur in 1882. As heretofore related, the judge was the choice of the republicans of Illinois as their candidate for presi- dent in 1888. Henry W. Blodgett succeeded Judge Drummond on the district-court bench for the northern district of Illinois in 1870, and has occupied the position until the present time. The successor of Judge Treat in the southern district was Wm. J. Allen, who is also the present incumbent. Although the State has been divided into two districts, the court has had but five judges in seventy-two years, and the northern district but one clerk, William H. Bradley, who has acted in that capacity, and as clerk of the United-States circuit-court since 1855.
The United - States district - attorneys for the southern dis- trict, since 1860, have been Lawrence Weldon, now a judge of the court of claims at Washington, John E. Rosette, Bluford Wilson, J. P. Vandorston, James A. Connolly, thrice appointed, In the northern district, the people have been represented by Joseph O. Glover, 1869-75; Mark Bangs, 1875-9; Joseph B. Leake, 1879-84; Richard S. Tuthill, 1884-7, now a judge of the
* The author is under obligations to Hon. John M. Scott, ex-chief-justice of the supreme court, for valuable information and assistance in preparing the fore- going history of proceeding in the conference-room.
978
ILLINOIS-HISTORICAL AND STATISTICAL.
State circuit-court; Wm. G. Ewing; and Thomas E. Milchrist, 1887-90 .*
The bar of Illinois was honored in 1888 by the presidential appointment of Melville W. Fuller of Chicago to the chief- justiceship of the United-States supreme court. Judge Fuller for many years enjoyed a large and remunerative practice, and was regarded as being in the front rank of his profession. His literary attainments are of a high order as is also his social position. He has shown a strong predilection for politics, and has frequently been a member of the democratic state and national conventions. He has served in the legislature, and was a member of the constitutional convention of 1862.+
The Illinois bar was also honored, in 1885, by the transfer into the diplomatic service of Judge Lambert Tree, who was appointed minister to Belgium, and subsequently promoted to the superior mission to Russia; and by the appointment, in 1889, of Robert Todd Lincoln, one of Illinois' native sons, as minister to Great Britain; and Clark E. Carr as minister to Denmark.
While the numerical strength of the bar has been steadily in- creasing, the volume of business in the courts is proportionately decreasing. The dockets in all the country circuits present a beg- garly array of cases as compared with those of twenty or thirty years ago. In some counties, the business which formerly re- quired weeks is now disposed of in a few days, with scarcely a jury-trial; the principal cases relating to dower, partition, and foreclosure.
One of the reasons for this change is the doing away to a great extent with the "credit system." When a trade is com- pleted by the payment of cash down, there is not much left to
* United - States marshals since 1860, southern district : David L. Phillips, John Logan, John L. Routt, Jacob Wheeler, John R. Tanner, Herman G. Weber, Chas. P. Hitch. Northern district, B. H. Campbell, Jesse L. Ilildrup, A. M. Jones, Frederick H. Marsh, and Frank Hitchcock.
+ Melville Weston Fuller was born in Augusta, Maine, February 11, 1833. His parents were Frederick A. Fuller, son of Hon. Henry W. Fuller of Augusta, and Catherine Martin, daughter of Chief-Justice Nathan Weston-the family dating back to the Mayflower. The judge is below the average in stature and of slight build. He has been twice married, and has a family of eight daughters and one son. He is a leading member of the Episcopal Church.
979
LAWYERS-PRACTICE.
dispute over. Another is the establishment of abstract-offices in nearly every county, through which land-titles are easily and satisfactorily adjusted without suit. The falling off in the number of cases brought is equally apparent in the large cities. The number of lawyers in Chicago in 1871 was about 600, to which have been added an average of 70 additional names yearly, making the number in 1890 about 2000. Of these, how- ever, a considerable number have never engaged in practice, while others have retired; the greater number have only now and then a case, so that the principal portion of the business is transacted by perhaps a fourth of those whose names make up the list. But while the number of cases has not increased, the amount involved in those brought and in those settled out of court is much larger than formerly and prompts the charg- ing of greater fees. It should also be stated in this connection that the largest and one of the most profitable portions of legal business in large cities is what is called "office-business" and never goes into the courts. It consists in the settlement and management of estates, and in attention to commercial and cor- porate interests of a magnitude sufficient to warrant the parties in employing the highest talent, with the view of avoiding rather than resorting to litigation.
A most valuable organization is that of the Illinois State Bar Association, formed in 1877, "to cultivate the science of jurisprudence, to promote reform in the law; to facilitate the administration of justice; to elevate the standard of integrity, honor, and courtesy in the legal profession; to encourage a thorough and liberal education; and to cherish a spirit of brother- hood among the members of the bar." Its yearly meetings are held at Springfield, lasting two days, at which interesting and instructive papers are read, and of a banquet enjoyed by the members.
The motive power which sets and keeps the machinery of state governments in motion is supplied by the organizations called political parties ;* and these are constructed not on local issues pertaining to the welfare of the State, but upon questions relating to the prosperity of the Nation.
Prior to 1834, leading men in this State procured their own
* Bryce, I, 540.
980
ILLINOIS-HISTORICAL AND STATISTICAL.
candidacy through caucuses, and formed their own parties for the campaign, upon a purely personal basis. Later the "convention system" was introduced by the democrats, who held their first state convention in 1837. The whigs, who, though in a minority, had scored several successes through the divisions of their opponents, fought shy of conventions; but they were finally compelled to adopt the plan, although they were never able to carry a state election.
The construction and management of these conventions in this State for many years was far from being authoritative or systematic. There was no strife among voters for the position of delegate, and any leading man who was willing to act and able to pay his own expenses, could be chosen. When the nominations were made, care being taken to select popular men, the candidates were left to work up the party feeling in their favor, and generally to take care of themselves. As the number of offices increased and became more lucrative-affording a better living than could otherwise be obtained-there grew up the professional politician, and with him the increased impor- tance of the convention, including the particular selection and manipulation of delegates.
Gradually, better methods and a more thorough and compact organization was effected, greater efficiency being also infused into the system. Especially was this the case after the organi- zation of the republican party in 1856. The democrats learned a valuable lesson during that campaign by the superior man- agement of the republican state-central committee, composed of Norman B. Judd of Chicago, as chairman; Burton C. Cook of Ottawa; James C. Conkling, Springfield; Dr. Charles H. Ray of Chicago; and Asahel Gridley of Bloomington. Judd was an energetic, intelligent, and shrewd manager, and the party did well to keep him at the helm during the two follow- ing campaigns, including that of 1860. He was succeeded by Ebenezer Peck, and he by Burton C. Cook in 1862; Thomas J. Turner in 1864; J. C. Slocum, 1866; and A. C. Babcock, 1868- 70. The campaigns of 1872 and 1874 were managed by Chas. B. Farwell, and then in 1876, although he had Greeleyized for a short time-long enough, however, to throw him out of gear -the reins were again placed in the hands of Colonel Babcock.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.