USA > Indiana > Wells County > Biographical memoirs of Wells County, Indiana : embracing a comprehensive compendium of local biography, memoirs of representative men and women of the county whose works of merit have made their names imperishable, and special articles by Hugh Dougherty [et al.] > Part 11
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The subject has not only gained recog- nition and prestige as one of the most able and discerning financiers and capable business men, but also has always had an abiding interest in all that touches the material progress and general prosperity of his home city, being known as one of Bluff- ton's most progressive and public spirited citizens, and having contributed, both by influence and tangible aid, to all legitimate projects which have tended to conserve the best interests of the community. He was largely instrumental in pushing to · final completion the Fort Wayne, Cincinnati & St. Louis Railroad and was superintendent of the construction of the section of the line
between Bluffton and Fort Wayne. He was also signally interested in the Toledo, St. Louis & Kansas City Railroad and was as- sociated with James Crosbie in the building of the section between Bluffton and War- ren. He threw the weight of his influence and energy aggressively into the movement for the construction of turnpikes and gravel roads throughout Wells county, an im- provement whose value to the county can not be overestimated. He has been active and liberal in the promotion of all material interests in his city and county and has been equally conspicuous in advancing the causes of education and morality. Mainly through his determined personal efforts, while a member of the board of school trustees, the handsome and commodious school building of Bluffton was secured,-in fact, it was through his individual credit that the money was procured for its construction, as no public funds were available at the time. In January, 1866, Mr. Dougherty became a member of the Methodist Episcopal church and in 1871, when was essayed the task of providing for the erection of a new church edifice in Bluffton, he was selected as finan- cial manager during the period of building the spacious and beautiful structure, which met the requirements of a progressive church society for a score of years. The edifice proved finally inadequate for the de- mands placed upon it, and in 1892 it was re- built and greatly improved, very largely through the financial aid and active man- agement of the honored subject of this sketch. His name appears on a tablet, let into the interior walls of the church, and the inscription in the connection gives a perpetual evidence of his earnest and suc- cessful efforts in effecting the erection of the
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original building and also the new and im- posing edifice evolved from the former.
In politics Mr. Dougherty has ever ac- corded an unequivocal allegiance to the Democratic party and for more than a quarter of a century he has been an active and valued worker in behalf of its cause, prominent in the councils of its leaders. His advice and assistance in partisan affairs of the county and district have been freely sought and in his mature and conservative judgment great confidence has been placed. He was made a member of the Democratic executive committee of the state in 1890 and served in this capacity until 1896. In 1870 he was elected to the state senate, from the district embracing Wells and Huntington counties, and he served with signal acceptability for four years, doing much to further wise legislation and to ad- vance the interests of the state at large. He voted in favor of the famous Baxter bill, providing for the controlling of the liquor traffic in the state through local option on the part of the several counties, and in this action showed to a marked degree the cour- age of his convictions and that he could not be swerved by any matter of personal ex- pediency or political policy when the matter of conscience was involved, for his party was intensely opposed to the bill. He has had no occasion to regret his action in the premises, but, on the contrary, adheres firmly to the principles which he advocated in supporting that law. In 1878 he was a candidate in the nominating convention for member of congress, and was defeated by only five votes, after one hundred and four- teen ballots had been taken in the conven- tion. In the opinion of his friends he could have received the nomination in the conven-
tion of 1886, had he not peremptorily de- clined when his name was presented. He was a delegate to the national convention of his party, in Chicago, in 1884, to that held in the same city in 1892, and also at Kansas City in 1900, in which he was a delegate at large from the state. Mr. Dougherty was nominated by the Democratic state conven- tion for the office of state treasurer, but went down to defeat with the balance of the ticket, though running over two thousand votes ahead of the ticket, the latter fact indi- cating his personal popularity.
In 1887 Mr. Dougherty was appointed by a commission, composed of the governor and other state officers, as one of the com- missioners of the soldiers' monument, pro- vided for by act of the legislature and erected in the state capital, and though fully appreciative of the honor conferred he felt constrained to decline the appointment, by reason of impaired health and the insistent demands of his business. When the state tax board, under the law of 1891, under- took to require all banks to furnish to as- sessors a written statement giving the names of all the depositors, with the amounts of the respective deposits, the asso- ciated bankers of the state decided to resist the demand by legal process, deeming the action inquisitorial and unconstitutional. Mr. Dougherty was selected to represent the private banks, with Volney T. Malott, of Indianapolis, representing the national banks, and Philip C. Decker, of Evansville, representing the state banks, to test the con- stitutionality of the law. The result of the litigation was finally summed up in an or- der from the court vacating and setting aside the order of the state tax board-this showing the ability with which the three.
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representatives were enabled to present the case.
The organization of a company in Bluff- ton for the development of natural gas, and its subsequent action, which resulted in sup- plying the city with such gas, were largely accomplished through the leadership and persistent energy of Mr. Dougherty. Pop- ular confidence in his judgment and extra- ordinary executive ability enabled the com- pany to raise in the town the capital of one hundred thousand dollars required to con- summate the project. He was selected by the associated gas companies of the state as one of a committee to direct the resistance of the Chicago Natural Gas Company to pipe gas out of the state, the result being that the movement was delayed for two years, though the Chicago company was eventually successful. In the autumn of 1894 the Bluffton Gas Company was con- solidated with that of Fort Wayne and the stock passed into the hands of an eastern syndicate, which selected Mr. Dougherty as its Indiana representative on the board of directors, in which position he has contin- ued to serve until the present. He was at one time a part owner of the Indianapolis Sentinel, being one of the directors of the company. Mr. Dougherty is also president of the United Telephone Company, with an actual paid-in capital of three hundred thousand dollars, and of the Federal Union Surety Company of Indianapolis, with a paid-in capital of two hundred and fifty thousand dollars.
In June, 1895, Governor Matthews ap- pointed Mr. Dougherty a member, from the state at large, on the commission to arrange for the proper celebration of the centennial anniversary of the organization of the ter-
ritory of Indiana, and he made exceptional effort to make the laudable project mater- ialize in success, but owing to unfortunate apathy the observance of the centennial as a state function was finally abandoned. At a meeting of the Indiana Commandery of the Military Order of the Loyal Legion, held at Evansville, Indiana, December 19, 1895, Col. Eli Lilly, of Indianapolis, of- fered a vigorous and interesting address in response to the toast, "One Hundred Years of Indiana," and incidentally incorporated the views-as expressed in an interview- of Mr. Dougherty as touching the centen- nial celebration of Indiana territory, and it is eminently appropriate that space be given to perpetuating these sentiments in this connection. Referring to the spirit which inspired the Indiana Centennial Commis- sion in its work, Colonel Lilly said: “I cannot do my subject, or the state, a better service than by quoting the words of our comrade, the Hon. Hugh Dougherty, com- missioner for the state at large:"
Indiana is the pulse state of the Union. Through her the great throbbing veins of com- merce, which nourish every part of our national body, flow. Her geographical location and physi- cal features are such that the East and the West traverse her territory in passing to and fro. Her capital is the largest inland railroad center in the world. The center of our country's population is within her borders. Her position among her sis- ter states is unique, and her marvelous progress since her organization as a territory calls for a centennial jubilee of such character as will best enable her sons and daughters to appreciate the heritage of a hundred years.
There is no way in which we could more effec- tively kindle that wholesome state pride which must underlie the noble action of her present and future citizenship than by a parade of her achieve- ments and a fresh revelation of her early strug- gles. The latter are now matters of recorded his- tory to most of us, and a retrospective view of the
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heroic struggles of our fathers would be an elo- quent lesson to patriotism. In their toils, their sufferings, their hardships, their conflicts, momen- tous questions were at stake and issues vital to the future world. In appearance they were insig- nificant at times, but in reality, copious and full of benevolent consequences. Acting at the springs of our future greatness, instruments otherwise weak became mighty for good, and our pioneer fathers, obscure to the world, proved to be agents of destiny. They entered an untamed wilderness with vast wastes of forest verdure to make a gar- den for their children, and the hills then silent in their primeval sleep now echo the music of happy homes of industry. Those hardy sons of toil, whose school was the forest, whose trade was barter with savages, whose social life was that of the camp-fire, whose daily lesson was self-sac- rifice, conquered the territory of Indiana for civi- lization. Such memories as these ought to kindle a burning enthusiasm in every loyal Hoosier breast to join in the proposed observance of our anniver- sary.
Such an observance would be of more than lo- cal consequence. It would be a formal way in which our state could give evidence to the world of her worthiness of a place in the family of states com- prising our great republic. Our exhibit would say: "This is our achievement." and of this we need not be ashamed. With an agricultural pro- ductivity unsurpassed,; monumental manufactur- ing industries; natural resources inexhaustible, among which are lumber, stone, coal, natural gas and petroleum; a school system which is an object lesson to the world; an intelligent, industrious, patriotic, Christian citizenship; populous cities, with every modern improvement,-in fine, all that constitutes the highest degree of prosperity and civilization to be found on the globe,-the people of this great state may be exceedingly glad to make a representative exhibit of the fruit of their labors and say to the world: "Behold the heritage of a hundred years."
Then, let us celebrate the event which has led to such marvelous consequences-an event con- temporaneous with the beginning of a century which has seen greater commercial development, more extensive manufacturing enterprises, more valuable invention and discovery, more fruitful agricultural activity, more widespread intelli- gence, more altruistic feeling, and more applica- tion to the agencies that make possible complete living than all the centuries that preceded; and in
the observance of this historic event let us show that Indiana has contributed her full share toward achieving this unparalleled progress.
Fraternally Mr. Dougherty is identi- fied with Lew Dailey Post No. 33, G. A. R., and through his active association with the organization he keeps in touch with his old comrades in arms and perpetuates the more grateful memories of the days when he was serving as a leal and loyal son of the repub- lic in the greatest internecine war known in the annals of history. In the midst of the thronging cares and demands of a busy life Mr. Dougherty is always approach- able, being gracious in his association with his fellow men and enjoying personal pop- ularity which is a natural result of his char- acteristics. He has gained a reputation as a man well equipped equally with the solid and the brilliant qualities essential to ma- terial success, but above this he has ordered his life on a high plane, having a deep sense of his stewardship and an appreciation of the responsibility that canopies every life. He is a man of fine intellectuality and is a wide and discriminating reader of the best literature, while as a writer and speaker he has facility and ease in the employing of choice and effective diction. He has been devoted to the public service and to the im- provement of his town and county, is be- loved by his friends and admired and es- teemed by the community. His generosity, unswerving integrity and pronounced abil- ity have gained to him a distinctive position as one of the truest and best citizens of Bluffton. He has traveled extensively and has studied men and affairs with intelli- gence and interest. His career has been crowned with usefulness and sustained by genuine popular approval.
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On the 25th of October, 1877, Mr. Dougherty was united in marriage to Miss Emma Gilliland, the only daughter of The- odore F. and Elizabeth (Sheldon) Gilli- land, both of whom were natives of the state of New York and of stanch Scotch- Irish extraction. Mrs. Dougherty was born in Sterling, Illinois, on the 22d. of June, 1857, and is a woman of gentle re- finement and gracious presence, taking an active part in the social and religious life of her home city and holding the apprecia- tive regard of all who come within the sphere of her kindly and helpful influence. Since her girlhood she has been a member of the Methodist Episcopal church. Mr. and Mrs. Dougherty have one daughter, Elizabeth, who was born on the 23d of March, 1885, and who is one of the popular young ladies in the social circles of Bluff- ton.
HON. JOSEPH S. DAILEY.
An enumeration of those men of the present generation who have won honor and public recognition for themselves, and at the same time have honored the state to which they belong, would stultify consis- tency were there failure to make prominent reference to the one whose name initiates this review. He holds distinctive prece- dence as an able lawyer and judge, having served with signal ability as associate jus- tice of the supreme court of the state of In- diana, is a man of recondite attainments and has ever borne himself with that honor and dignity whose natural offspring is un- equivocal confidence and esteem from ob- jective sources. He has been and is dis-
tinctively a man of affairs and one who has wielded a wide influence. A strong men- tality, an invincible courage, a most deter- mined individuality, have so entered into his makeup as to render him a natural lead- er of men and director of opinion. Aside from his position in public and civic life, there is farther propriety in according him representation in this work, for he is a native son of Wells county, and this has been the scene of the greater part of his life's earnest labors, his home being in the attractive capital of the county, the city of Bluffton, where he is at the present time still actively engaged in the practice of his chosen profession.
Joseph S. Dailey was born on a farm in Lancaster township, Wells county, Indi- ana, on the 3Ist of May, 1844, and is a rep- resentative of one of the worthy pioneer families of the state. He was the fifth in order of birth of the nine children of James and Lydia (Garton) Dailey, and of these children four died in infancy. His brother, Lewis W., died at the age of nineteen, while in command of a company of the Twenty- second Indiana Volunteer Infantry, during the war of the Rebellion. His sister, Mary A., died at the age of eighteen, and another sister, Mrs. Rachel L. Sowards, yet sur- vives. The genealogy in the agnatic line records, perhaps, the "short and simple an- nals of the poor," and yet betokens sterling manhood and noble womanhood, as one generation followed another onto the stage of action. As has been said in a previously published article referring to Judge Dailey, "His paternal ancestors were plain, unpre- tentious men who performed their several duties modestly and without ostentation. They were content to earn an honest living
Joseph S. Darling
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on the farm or in the shop, without seeking official honors or public favor. He is of the fifth generation by direct lineage from Den- nis Dailey, who was a native of county Sli- go, Ireland, and who emigrated to America before the middle of the eighteenth century, settling in New Jersey. Both of Judge Dailey's grandfathers attested their courage and patriotism by honorable service in the war of 1812, against England. Both of them were natives of New Jersey ; both re- moved to Indiana and became early settlers of Franklin county. Here his father and mother were married and lived until their first three children were born; they then re- moved to Allen county, where the fourth was born; thence to Wells county, which became their permanent home."
Joseph S. Dailey secured his early edu- cational discipline in the public schools of Bluffton and then began his technical prep- aration for his chosen profession by enter- ing the law office of Newton Burwell, of this place, under whose direction he contin- ued his studies for two years. In order to secure the funds necessary to defraying his course in the law department of the state university, he devoted a portion of his time to teaching in the district schools of Wells county and also in the public schools of Bluffton. In 1865 he was duly matriculated in the law department of the university, where he was graduated in 1866, being ad- mitted to the bar of Indiana in that year. He forthwith entered into a profes- sional partnership with the late George S. Brown, who later removed to the state of Kansas, his death occurring in its capital city a number of years later. In October, 1866, within the first year of his active practice in Bluffton, Judge Dailey was
elected to the office of district attorney for the court of common pleas, and two years later still further advancement came to him along the line of professional work, since in 1868 he was elected prosecuting attorney for the district in which Judge Lowry, of Fort Wayne, presided. That his services in this capacity met with favor is evident from the fact that he was re-elected in 1870, 1872 and 1874, thus serving four consecu- tive terms of two years each. Of his career in this office the following pertinent words have been written: "The position secured for the young lawyer not only a reasonable income, but also afforded the desired oppor- tunity for practice. Gaining familiarity with criminal statutes, in conducting inves- tigations before the grand jury, preparing indictments and prosecuting the cases in court, was not the only benefit derived from the service. There was constant incentive to thorough preparation in all the details of procedure. The defense was usually con- ducted by lawyers of ability and experience, with whom the prosecutor must cope in the preparation of indictments and pleadings, in the marshalling of evidence and the ex- amination of witnesses, and, finally, in the presentation of cases to a jury. This pro- fssional contact sharpens the intellect and stimulates the desire for superiority. It tends to the cultivation of alertness, quick- ness of perception and self-confidence. If the young practitioner is favored by nature with the endowments essential to a reason- able degree of success he soon apprehends the futility of depending upon inspiration, and the importance of knowing all the ele- ments and features of his case. Profes- sional pride and persistent application are equally essential. Mr. Dailey soon ac-
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quired a good practice. He was not with- out ambition. In 1878 he was nominated and elected a representative in the state legislature. His record in that body was that of a conservative working member,- always persistent, always moderate, yet courageous in the expression of his views. As a member of important committees, and in support of measures on the floor, he was influenced in formulating and securing the passage of much legislation. He was also potent in opposing much that was vic- ious and objectionable. His uniform cour- tesy and firmness won him the esteem of political opponents. His conscientious regard for public duty secured to him the confidence of all his colleagues and associ- ates. Once afterward he yielded to the im- portunities of partisan friends and became a candidate for political office. In 1882 he accepted the Democratic nomination for congress and made a race that was hopeless, because of the adverse partisan majority, though his canvass was highly creditable and entirely honorable. Settling down again to the practice of law, he secured a valuable clientage, extending over a large district. In 1888 he was elected judge of the twenty-eighth circuit, comprising the counties of Huntington and Wells, for a term of six years. His service on the bench was alike acceptable to the bar and the pop- ulace. He exercised wise discretion and commendable humanity in dealing with youth convicted of violating penal statutes. In most instances of first offense, if the ac- cused had previously borne a good reputa- tion, sentence was withheld and he was al- lowed to enjoy liberty, after timely advice and warning by the court, so long as good deportment was maintained. In this way
boys were reclaimed and saved for good cit- izenship instead of a life of crime. Before the expiration of his term in the circuit Judge Dailey was appointed judge of the supreme court of the state, by Governor Matthews, receiving his commission to this exalted office July 25, 1893. His qualifi- cations for the office of judge, whether in the trial of causes or in the court of last re- sort, are unquestionable. First of all, he has the integrity of character. He possesses the natural ability and essential acquirements, the acumen of the judicial temperament. He was able to divest himself of prejudice or favoritism and consider only the legal aspects of a question submitted. No labor was too great, however onerous ; no appli- cation too exacting, however severe, if necessary to the complete understanding and correct determination of a question. These are, indeed, words of high praise, but the encomium is justified in every particu- lar, for the Judge has proved him a distinct man, in all the term implies, and its impli- fication is wide. Many of the decisions of the circuit and supreme courts bear the im- press of his patient investigation and his logical argument and deductions. As a practitioner he employs none of the arts and tricks of oratory, but his speeches are elo- quent in the clearness of statement, the broad common sense of reasoning, the force of logic, earnestness and power. His career on the bench and at the bar offers a noble example and an inspiration, while he has never been known to fail in that strict courtesy and regard for professional ethics which should ever characterize the mem- bers of the bar. Faultless in honor, fearless in conduct and stainless in reputation, his career reflects credit upon the judiciary and
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bar of one of the sovereign commonwealths of the Union. Since his retirement from the bench Judge Dailey has been actively engaged in the practice of his profession in Bluffton, though his range of professional labor far transcends local limitations, as a matter of course. He has as associates in practice his eldest son, Frank C. Dailey, and Abraham Simmons, the large and im- portant business being conducted under the firm name of Dailey, Simmons & Dailey. The writer from whose signally able and appreciative estimate we have hitherto lib- erally quoted, continues farther, as fol- lows: "The Judge is favored in the pos- session of a healthful, vigorous constitu- tion, robust energy and marked vitality. He is in the prime of middle life, which is conducive to the most effectual utilization of all the mental resources. Candid, earnest and sincere, he is a reliable counselor. His popularity as a citizen is the natural out- growth of confidence in his ability, integrity and sound judgment."
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