USA > Indiana > Courts and lawyers of Indiana, Volume II > Part 3
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COURTS AND LAWYERS OF INDIANA
Haute and made that city his home until his death, four years later. He married Mrs. Susan (Rudd) Fitzhugh, of Ken- tucky, November 3, 1841.
Walter Quinton Gresham, one of the most distinguished lawyers Indiana has ever produced, was born near Lanesville, ,Indiana, March 17, 1832. After receiving a common school education he became a student at Indiana University, but left before graduating and began the study of law at Corydon, Indiana. He was admitted to the bar in 1853 and practiced until the opening of the Civil War. He enlisted in 1861 and was shortly afterward made colonel of the Fifty-third Regi- ment, Indiana Volunteer Infantry. He was mustered out of the service with the rank of major-general. No lawyer in Indiana has ever held more prominent political positions than Gresham. He was in the state Legislature in 1860; from 1867 to 1868 he was financial agent of Indiana in New York city; on September 1, 1869, he was appointed by President Grant to the bench of the United States Circuit court for the dis- trict of Indiana ; on April 13, 1883, President Arthur took him from the bench and made him postmaster-general in his cabi- net; on September 24, 1884, Gresham became secretary of the treasury, but resigned this position, October 28, 1884, to ac- cept an appointment as Judge of the Seventh judicial circuit. He served on the bench of this court until March 6, 1893, when President Cleveland appointed him secretary of state, and he served in this capacity until his death, May 4, 1895. In 1888 Judge Gresham was a candidate for the Presidency on the Republican ticket, and his defeat by Benjamin Harrison for the nomination ultimately caused him to give his allegiance to the Democratic party. In fact, he supported Cleveland in 1892 and was rewarded by being appointed secretary of state.
Albert Barnes Anderson, the present judge of the United States Federal court of Indiana, was born near Zionsville, Boone county, Indiana, February 10, 1857. He is a son of Philander and Emma A. (Duzan) Anderson. He graduated from Wabash College, Crawfordsville, Indiana, with the de- gree of Bachelor of Arts in 1879, and later received the de- gree of Master of Arts and Doctor of Laws from the same institution. He was admitted to the bar in 1881 at Graw- fordsville and practiced in that city from 1881 to 1902, when
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FEDERAL COURTS OF INDIANA
he was appointed to the Federal bench. The only other official position he held prior to his present position was that of prosecuting attorney, serving in this capacity in Montgomery county from 1886 to 1890. He has been on the bench of the District court since December 18, 1902. Judge Anderson married Rose Campbell, of Crawfordsville, November 14, 1882.
During his term of office Judge Anderson has presided over two trials which have attracted attention all over the United States. The first of these was concerned with the union labor men, structural iron workers, who were accused of the wholesale destruction of bridges and buildings in all parts of the country. Their destructive operations were con- fined to bridges and buildings which were being constructed in whole or part by non-union labor. The chief men in the conspiracy were the two McNamara brothers, both of whom were convicted, as well as a number of their accomplices. The other trial of national importance was that of more than a hundred politicians of Terre Haute who had been indicted for fraudulent voting. A large number of them, including the mayor of the city, the judge of the Circuit court and several of the city officials, were found guilty.
The judges of the United States District court from the time the office was created have been as follow:
Benjamin Parke March 6, 1817; died in office, July 12, 1835. Jesse Lynch Holman September 16, 1835; died in office, March 28, 1842. Elisha Mills Huntington May 2, 1842; died in office, October 26, 1862.
Caleb Blood Smith December 22, 1862; died in office, January 6, 1864. Albert Smith White January 18, 1864; died in office, September 4, 186-4.
David McDonald
December 13, 1864; died in office, August 25, 1869.
Walter Q. Gresham September 1, 1869; resigned April 13, 1883, to be- come postmaster-general in the cabinet of Presi- dent Arthur.
William Allen Woods __. May 2, 1883; resigned March 17, 1892, to accept an appointment by President Harrison as Circuit Judge of the United States for the Seventh cir- cuit.
John Harris Baker March 29, 1892; resigned December 14, 1902. Albert Barnes AndersonDecember 18, 1902.
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COURTS AND LAWYERS OF INDIANA
UNITED STATES DISTRICT ATTORNEYS.
There have been twenty-nine United States district attor- neys in the state of Indiana since it was established as a sepa- rate federal court by the act of March 3, 1817. Before the state was admitted to the Union the President had appointed two district attorneys for Indiana Territory. Elijah Sparks, the first one, was a Circuit Judge after serving for a short time as district attorney. William Hendricks, the other dis- trict attorney prior to 1816, was the secretary of the Constitu- tional Convention of 1816; a member of Congress from 1817 to 1822 ; governor of Indiana from 1822 to 1825; United States senator from 1825 until his death in 1837.
The district attorneys of Indiana during its hundred years of history have usually been men who were leaders at the bar. Many of them have not only been lawyers of state-wide repu- tation but also of national fame. A study of the list shows that two have been governors; five, United States senators ; ten, congressmen; three, Indiana Supreme Court Judges; nine, Circuit Judges ; seven, prosecuting attorneys ; and a large number have served in the State Legislature. In fact, it may be said that practically all of the incumbents of this office have been eminently qualified for the position, despite the fact that the office is purely a political one. With every change of administration a new district attorney is appointed, but it is to the credit of the Presidents that they have usually chosen the best man proposed by the party in power.
A complete list of the United States district attorneys for Indiana, together with the dates of their incumbency and other official positions they have held, is given in the appended table.
Date. Name. Politics. Other Official Positions.
1813-14 Elijah Sparks Dem .- Rep. Circuit Judge.
1814-17 William Hendricks __ Dem .- Rep.
Congressman, U. S. senator
and governor.
1817-18 Thomas H. Blake Dem .- Rep. Circuit Judge and congress- man.
1818-21 Alexander A. Meek __ Dem .- Rep. Circuit Judge.
1821-29 Charles Dewey Dem Prosecuting attorney and su- preme Judge.
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FEDERAL COURTS OF INDIANA
1829-33 Samuel Judah Dem Representative in legislature. 1833-39 Tilghman A. Howard_Dem. Congressman and U. S. sena- tor.
1839-41 John Pettit
Dem
Circuit Judge, Supreme Judge, congressman and U. S. senator.
1841-45 Courtland Cushing __ Whig
Prosecuting Circuit Judge.
attorney and
1845-48 Daniel Mace
.Whig
Congressman.
1848-50 Lucien Barbour
Dem
1850-54 Hugh O'Neal
Dem
1854-56 Benjamin M. Thomas_Dem.
1856-58 Alvin P. Hovey
Dem
1858-61 Daniel W. Voorhees_Dem
Circuit Judge, Supreme Judge, congressman and gov. ernor. Prosecuting attorney, con- gressman and U. S. senator.
1861-66 John Hanna
Rep.
1866-69 Alfred Kilgore
Rep.
1869-76 Thomas M. Browne. Rep.
Representative in legislature. Prosecuting attorney, Circuit Judge and congressman. Representative in legislature.
1876-80 Nelson Trusler
Rep.
1880-85 Charles L. Holstein. Rep
1885-86 John E. Lamb Dem.
1886-87 David Turpie
Dem
Prosecuting attorney and con- gressman. Circuit Judge and U. S. sena- tor.
1887-89 Emory B. Sellers Dem State senator.
1889- Solomon Claypool Rep
Circuit Judge.
1889-93 Smiley N. Chambers_Rep.
1893-97 Frank B. Burke Dem State senator and prosecuting attorney.
1897-01 Albert W. Wishard __ Rep. State senator.
1901-09 Joseph B. Kealing Rep
1909-13 Charles W. Miller. Rep
1913-16 Frank C. Dailey Dem
1916- L. Ertus Slack De State senator.
UNITED STATES COMMISSIONERS.
The office of United States commissioner is filled by ap- pointment at the hands of the District Judge, to whom the commissioners are responsible for the performance of such duties as may be assigned them. Their appointment is for four years, but they are subject to removal at any time by the District court. The first record of an appointment of a commissioner in Indiana is dated January 24, 1874, and since
Congressman.
Prosecuting attorney.
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COURTS AND LAWYERS OF INDIANA
that time about two hundred and sixty have been appointed in this state. Commissioners are located at convenient places in the state by the District Judge, the state not being divided into definite districts. Business may be taken before any commissioner in the state; in other words, their jurisdiction is co-extensive with the limits of the state.
The present commissioners for the District court of In- diana, with their addresses and dates of appointment, are as follow :
James W. Wartmann
Evansville
June 27, 1913
Thomas J. Logan
Ft. Wayne
June 27, 1913
Charles W. Moores
Indianapolls September 15, 1913
Morris R. Parks
Lafayette
December 13, 1913
George B. Cardwill
New Albany July 2, 1914
Chalmers Hamill
Terre Haute
April 6, 1915
Thad. M. Talcott, Jr.
South Bend
September 10, 1915
Paul M. Souder
Logansport October 7, 1915
Charles L. Surprise
Hammond October 19, 1915
Howard S. Young
Indianapolis
November 27, 1915
REFEREES IN BANKRUPTCY.
Prior to 1898 such bankruptcy cases as were cognizable by the Federal government were handled by the United States District court. The congressional act of July 1, 1898, organ- ized in each state a number of bankruptcy court districts, In- diana being divided into fourteen referee districts. However, since the organization of this special court it has been found possible to consolidate the districts of Indiana and at the pres- ent time the ninety-two counties are divided into five referee districts.
The first district is composed of the counties of Daviess, Dubois, Gibson, Knox, Martin, Pike, Posey, Spencer, Sullivan, Vanderburgh and Warrick. Phelps F. Darby, of Evansville, has been the referee of this district since the filing of his bond on May 18, 1909.
The second and third districts, with headquarters at New Albany and Bloomfield respectively, have been vacated and the counties which were formerly attached to these two dis- tricts have been consolidated with the sixth district. The fourth district was consolidated with the sixth on August 26, 1909, and the fifth with the sixth on September 23, 1904.
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U. S. COURT HOUSE AND POSTOFFICE, INDIANAPOLIS.
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FEDERAL COURTS OF INDIANA
The sixth district, the largest in the state, is composed of the counties of Bartholomew, Brown, Clark, Crawford, Clay, Dearborn, Decatur, Greene, Floyd, Harrison, Hendricks, Jackson, Jefferson, Lawrence, Jennings, Johnson, Marion, Monroe, Morgan, Ohio, Orange, Owen, Parke, Perry, Putnam, Ripley, Scott, Switzerland, Vermillion, Vigo and Washington. Albert Rabb, of Indianapolis, has been the referee of the sixth district since December 31, 1908.
The seventh district was consolidated with the ninth on September 1, 1908.
The eighth district is composed of the counties of Benton, Fountain, Jasper, Montgomery, Newton, Tippecanoe, Pulaski, Warren and White. Charles A. Burnett, of Lafayette, has been referee of this district since February 20, 1909.
The ninth district is composed of the counties of Black- ford, Boone, Carroll, Cass, Clinton, Delaware, Fayette, Frank- lin, Fulton, Grant, Hamilton, Hancock, Henry, Howard, Hunt- ington, Lake, Laporte, Madison, Marshall, Miami, Porter, Ran- dolph, Rush, Shelby, St. Joseph, Starke, Tipton, Union, Wa- bash and Wayne. Harry C. Sheridan, of Frankfort, has been referee in this district since September 7, 1908.
The tenth district was abolished June 18, 1903, and at- tached to the ninth. The eleventh district, with headquarters at Logansport, has been recently vacated. The last referee of the eleventh district was Dyer B. McConnell, of Logans- port, who served from September 28, 1908, until the district was vacated. The twelfth and thirteenth districts, with head- quarters at Hammond and South Bend, respectively, have been vacated and the counties composing them attached to contiguous districts.
The fourteenth district is composed of the counties of Adams, Allen, DeKalb, Elkhart, Jay, Kosciusko, Lagrange, Noble, Steuben, Wells and Whitley. Sol A. Wood, of Fort Wayne, has been referee of this district since May 11, 1909.
Referees in bankruptcy are appointed by the District Judge and hold their office for two years. It has been the custom in Indiana to continue the referees in office from term to term. There is no fixed salary attached to the office, the emoluments being confined to the fees which are definitely stipulated in the act establishing the office.
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COURTS AND LAWYERS OF INDIANA
UNITED STATES CIRCUIT COURT.
Prior to the congressional act of April 10, 1869, all of the federal cases arising in Indiana, were cognizable either in the United States District court or in the Supreme court circuit to which Indiana was attached. It must be understood that from the adoption of the Constitution in 1789 the United States has been divided into as many circuits as there are Supreme Judges on the Federal bench. Originally the mem- bers of the Supreme bench held court in the judicial circuit to which they were assigned, but this custom was discontinued many years ago, although a judge is still assigned to a cir- cuit, James Clark McReynolds being assigned to the Seventh.
Shortly after the close of the Civil War it was found that federal cases were increasing so rapidly that it was impossi- ble for the Supreme court and United States District Judges to give them the proper attention.
The passage of the thirteenth, fourteenth and fifteenth amendments to the Federal Constitution and the subsequent difficulties which arose when the government attempted to enforce them, made such a rapid increase in the number of federal cases that Congress was asked to organize a new Fed- eral court. This was done with the act of April 10, 1869, an act which provided for the appointment of special Circuit Court Judges to preside over the districts, which had formerly been in charge of the members of the Supreme court.
The first judge of the Seventh circuit, of which Indiana was a part, was Thomas Drummond, who served from his ap- pointment, December 22, 1869, to July, 1884. Judge Drum- mond was born in Maine, October 16, 1809; graduated at Bow- doin College in 1830; studied law in Philadelphia and was admitted to the bar in 1833; located in Galena, Illinois, in 1837; was elected to the Legislature in 1840; was appointed Judge of the United States District court of Illinois in 1850, and when the state was divided into two United States dis- tricts in 1855, he was assigned to the Northern division. He continued to serve on this bench until he was appointed to the Circuit bench in 1869. After retiring from the bench in 1884, he lived at Wheaton, Illinois, until his death, May 15, 1890.
Upon the resignation of Judge Drummond the President
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FEDERAL COURTS OF INDIANA
appointed Walter Q. Gresham, who took the bench on October 24, 1884. A sketch of Gresham appears elsewhere in this volume.
Upon the resignation of Judge Gresham in 1893 to become secretary of state in Cleveland's cabinet, the President ap- pointed James G. Jenkins, on March 23 of the same year, as his successor. Judge Jenkins was born at Saratoga Springs, New York, in 1834. After receiving a liberal education in his native state, he was admitted to the bar in 1855 and two years later located in Milwaukee, Wisconsin, where he has since made his home. He was District Judge of Wisconsin from 1888 to 1893, being appointed in the latter year as Cir- cuit Judge of the Seventh circuit to succeed Walter Q. Gresh- am. He served on the bench until 1905 when he retired and became the dean of the College of Law in Marquette Univer- sity, Milwaukee.
In 1895 Congress provided by statute for two Judges in the Seventh judicial circuit and pursuant to this act the Presi- dent appointed William H. Seaman and Christian C. Kohlsaat. Judge Seaman was born at New Berlin, Wisconsin, Novem- ber 15, 1842. He was educated in the public schools; worked as a printer, 1859-1861; served in the Civil War, 1861-1864; was admitted to the bar shortly after the close of the war and practiced in Wisconsin until 1893. At that time he was ap- pointed United States District Judge for the Eastern division of Wisconsin and presided over this court until February, 1905, when he was transferred to the United States Circuit court, where he is still serving.
Judge Kohlsaat was born in Edwards county, Illinois, January 8, 1844. After graduating from Chicago University he became a law reporter on the Chicago Journal and studied law in the meantime. He was minute clerk in the Cook county court in 1867 and was admitted to the bar the same year. He was in the active practice of his profession from that time until 1890, when he was elected Probate Judge of Cook county, He served on the Probate bench until 1899, when he resigned to become United States District Judge of the Northern dis- trict of Illinois. In 1905 he was appointed Judge of the Sev- enth United States judicial circuit and has been serving on the bench of that court since that time.
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COURTS AND LAWYERS OF INDIANA
In 1902 Congress added a third judge to the Seventh cir- cuit and on February 4, 1902, the President appointed Francis Elisha Baker to the bench where he is still serving. Judge Baker was a judge on the Indiana Supreme bench at the time of his appointment. A sketch of his career is given in the discussion of the Supreme court of Indiana.
Julian William Mack, of Chicago, was appointed Judge of the Seventh circuit in 1911 and on February 4 of the same year was assigned to the United States Commerce court. Judge Mack was born in San Francisco, California, July 19, 1866; educated in the public schools of Cincinnati; received the degree of Bachelor of Laws at Harvard in 1887; as Parker fellow of Harvard he studied in universities of Berlin and Leipzig, 1887-1890; was admitted to the bar at Chicago in 1890; professor of law in Northwestern University, 1895- 1902; professor of law in Chicago University since 1902. He was Circuit Judge of Cook county from 1903 to 1911, when he was appointed Judge of the Seventh United States Circuit court.
The Federal act of March 3, 1911, provided for the abolish- ment of the United States Circuit courts and the transference of all suits pending in those courts to the United States Dis- trict courts. All the suits which had been filed in the Circuit courts were to be disposed of in the District courts in the same manner and with the same effect as if they had been originally begun in the District courts. This act was to take effect and be in force on and after January 1, 1912 (Act March 3, 1911, c. 231, Sec. 289, 36 Stat. 1167). This act of 1911, which abolished the Circuit courts, enlarged the juris- diction of the District courts, re-enacted the statutory provi- sions relating to the Supreme courts, Circuit courts of Appeal and court of Claims, and embraced the enactments establish- ing the Commerce court and the court of Customs Appeals and defined their respective jurisdiction, is known and cited as "The Judicial Jurisdiction Code".
In passing this act, Congress produced the most important and at the same time the most compact code of nisi prius and appellate jurisdiction and procedure in the history of the United States. Summed up in this act is the judicial wisdom and court experience which has been the result of nearly one
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FEDERAL COURTS OF INDIANA
hundred and twenty-five years of our history as a nation. It is interesting and instructive to compare this epoch-making statute of March 3, 1911, with the first judiciary act of 1789. One striking fact may be observed-the endurance of many of the provisions laid down by our forefathers at the begin- ning of our nation's history.
Congress has exclusive right to establish, abolish or alter any part of the federal judicial system, provided that in so doing it conforms to Section I, Article 3, of the Constitution of the United States. This particular provision is very sim- ply stated: "The judicial power of the United States shall be vested in one Supreme court, and in such inferior courts as the Congress may from time to time ordain and establish." Pursuant to this provision, Congress established the first judi- cial court in 1789 and during the years which elapsed between that date and 1911, hundreds and even thousands of statutes were passed by Congress relating to the judiciary. It re- mained for this act of 1911 to codify, to put into a succinct form, the judicial wisdom of the past century.
Ideas of law and equity, of the personal relations of man to man, of man to his government, have changed since 1789. No longer do we hang a man for stealing horses, but, on the other hand, we imprison him for treating horses cruelly. One hundred years ago the lottery was legally recognized and many of our colleges-even fair Harvard-raised money by this means to erect buildings ; churches erected houses of wor- ship and even paid their pastors by means of lotteries. Today the lottery is forbidden by law and the poor saloon keeper who raffles off a turkey finds himself in the clutches of the law. Verily, ideas of right and wrong, of what constitutes an illegal act in the sight of the law, have changed wonder- fully since the first judicial act was prepared by Congress in 1789.
It is not the province of this discussion to describe in detail the Federal courts of the United States, but rather to give a comprehensive view of them, that the layman of Indiana may know what part the Federal courts play in the life of our state. In 1789, provision was made for a Supreme court to consist of one Chief Justice and five Associate Justices, and
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COURTS AND LAWYERS OF INDIANA
thirteen District courts, grouped into three circuits. These Circuit courts continued in operation uninterruptedly from the date of that act (September 24, 1789) until they were summarily abolished, January 11, 1912. Of course, as new states were admitted to the Union, new District courts were created and by 1915 the number of District courts had in- creased to one hundred and two. The Seventh circuit, to which Indiana now belongs, was created February 24, 1807, and was composed of the states of Tennessee, Ohio and Ken- tucky. In 1837 the Seventh circuit was re-organized and made to consist of the states of Indiana, Ohio, Illinois and Michigan. At this same time the whole United States was divided into nine circuits, the Supreme court of the United States having been enlarged to nine members. Subsequently, the Seventh circuit was re-organized, and now consists of the states of Indiana, Illinois and Wisconsin.
Since the United States Supreme court has changed the number of its members at different times, it seems pertinent to state in this connection the various acts affecting the num- ber of members constituting the bench. The act of Septem- ber 24, 1789, provided for one Chief Justice and five Associ- ates; the act of February 13, 1801, reduced the number to five-the chief justice and four associates; the act of March 8, 1802, re-organized the court as constituted in 1789; the act of February 24, 1807, increased the number to seven; the act of March 3, 1837, increased it to nine; the act of March 3, 1863, increased it to ten ; the act of July 23, 1866, reduced the number to seven. The present number, composed of a chief justice and eight associate justices, was established April 10, 1869.
The present members of the United States Seventh circuit, composed of the states of Indiana, Illinois and Wisconsin, are as follows: James Clark McReynolds, United States Supreme Court; Francis E. Baker, Indiana; Christian C. Kohlsaat, Illi- nois; Julian W. Mack, Illinois; Samuel Alschuler, Illinois; Kenesaw M. Landis, Illinois; George A. Carpenter, Illinois ; Francis M. Wright, Illinois; J. Otis Humphrey, Illinois; Al- bert B. Anderson, Indiana; Ferdinand A. Geiger, Wisconsin; Arthur L. Sanborn, Wisconsin.
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FEDERAL COURTS OF INDIANA
THE UNITED STATES CIRCUIT COURT OF APPEALS.
The United States Court of Appeals was created by the congressional act of March 3, 1891 (26 U. S. Statutes at Large, 826). This act provided that the President of the United States should appoint in each of the nine circuits of the United States one additional Circuit Judge who should have the same qualifications, power and jurisdiction that the Circuit Judges of the United States have within their respective circuits. Furthermore, the act provided for the creation in each circuit of a Circuit Court of Appeals, which was to consist of three judges. The Chief Justice and the Associate Justices of the Supreme court assigned to each circuit, and the Circuit Judges within each circuit are competent to sit as Judges on the Cir- cuit Court of Appeals. In case the Chief Justice or an Asso- ciate Justice of the Supreme court is present at any session of the Circuit Court of Appeals, he presides. In case neither is present, the oldest Circuit Judge in point of service presides over the court.
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