USA > Kansas > Reno County > History of Reno County, Kansas; its people, industries and institutions, Vol I > Part 23
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Another of the old-time lawyers was James Mckinstry. He was one of the most prominent Democrats of the state, and succeeded in being elected county attorney one term in this county when the nominal majority against
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him was nearly a thousand. He ran against J. W. Jones in 1892 and beat him by four votes. Mr. Mckinstry was very popular with his fellow law- vers and was a great friend of the younger members of the bar.
George A. Vandeveer was another of the early lawyers of Reno county. He practiced his profession here for a number of years with A. R. Scheble. He moved to New York and was prominent in his profession there. He returned to Hutchinson and was senior member of the firm of Vandeveer & Martin. He was a candidate for judge of the district court and would have without doubt, been nominated, but he was killed in an automobile accident at a railroad crossing the night before the primary. Had he lived he would, without doubt, have been elected judge of the district court.
S. B. Zimmerman was an early settler in Reno county. He was made principal of the city schools of Hutchinson in 1874 and continued as prin- cipal for three years. He began the practice of law in that city in 1877. In 1880 he was elected probate judge and served six years. He practiced his profession in Hutchinson until his death. Mr. Zimmerman was an amiable man, of no exceedingly great ability, but a square, honest man and well respected.
BACHELORS ARGUE FOR WOMAN SUFFRAGE.
Theodore A. Decker was the bachelor member of the bar. An inci- dent of the early day was a public debate on "woman suffrage," at a time when the subject was a new one. The attorneys furnished the argument. The meeting was held in the old opera house, the proceeds to go to some public purpose. Both of the lawyers who argued in favor of the rights of women to vote were bachelors. One of them was T. A. Decker, the other was J. V. Clymer. Mr. Decker never reached a very prominent place at the bar. He was modest and had only ordinary ability. He also edited The Democrat for a while.
J. V. Clymer was another of the early lawyers. Like Decker he was a good man, but with no energy, and although he had ability, he hadn't the energy to develop that ability. He generally could be found in his office on the first floor of a small building on South Main street with his feet on his desk, listening to the talk of those who dropped in. Clymer was a good listener, and he had plenty of callers to entertain him. He had some property in Hutchinson and lived comfortably, dying about twenty years ago.
Z. L. Wise was another of the early lawyers of this county. He was
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county attorney for two years. He was a great friend of a United States judge, Williams, and when there was a receiver to be appointed, Wise was generally appointed. He was a member of the Legislature from Reno county for two terms and was in Topeka attending the sessions of that body when he was taken suddenly ill and died. Mr. Wise was a very popular man with the members of the bar.
D. W. Dunnett did not have a general practice, but represented some business firms as their attorney. He seldom appeared in court. He was, however, arguing a case in the supreme court of this state when he was stricken with heart trouble and died in the court room. He was a member of the Reno county bar for about ten years.
The above covers the members of the bar who have done their work. It would be impossible to speak of the present members of the bar as of those who are dead. There are now forty-six members of the Reno county bar. Among its members are some of the oldest members and some of the youngest. The oldest member of the bar, from point of service is H. White- side. He was county attorney of this county in an early day. For many years he has been president of the Bar Association. Mr. Whiteside has been an attorney in much of the biggest litigation in the courts of Reno county and in the state supreme court. He has retired from the practice, but in deference to his long years of practice he is still retained as president of the bar association.
Another member of the bar of years of practice is W. H. Lewis. He was county attorney for five terms, or ten years; the longest period in point of service of any member of the bar, and he is still actively engaged in the practice of law in this city.
SOME PRESENT MEMBERS OF THE BAR.
F. L. Martin is a member of the bar of long standing. He was judge of the district court for four years. Mr. Martin has held other offices. For two terms he was a member of the state Legislature and was one of the leaders of that body. He has been mayor of Hutchinson for several terms and he is actively engaged in the practice of law at this time.
R. A. Campbell is likewise another of the old lawyers. He has been county attorney and probate judge of this county and he is one of the oldest members of the bar of this county.
W. G. Fairchilds has been a member of the Reno county bar for nearly (17)
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thirty years. Perhaps no lawyer in Reno county is more constantly at the practice than Mr. Fairchilds. He never has taken an active interest in politics ; never has been a candidate for any office, but has devoted his time exclusively to his business. He is at the prime of life and enjoys a fine general practice.
J. S. Simmons came to Hutchinson from Lane county. He began his practice in this county as a member of the firm of Whiteside & Simmons. When Mr. Whiteside quit the practice, Mr. Simmons became the head of this firm. He has been a member of the Legislature of Kansas and was chosen speaker of the House of Representatives. He was a candidate for Congress from the seventh district in 1914 and again in 1916, but was defeated both times by the present Congressman, Jouett Shouse. . Mr. Sim- mons is actively engaged in the practice of law in Hutchinson at the pres- ent time.
Another attorney who has moved to Hutchinson is Fred Dumont Smith. He was state senator for a number of terms, moving to Hutchinson from Kinsley. He has a large practice in the courts of this state.
Charles E. Branine also is a member of the bar. He moved to Hutchin- son from Newton after his term of service as judge of the ninth judicial district was over.
Carr W. Taylor is a Reno county man and began his practice in Hutch- inson. His father was one of the pioneers of Reno county and practiced law in Hutchinson for a number of years, moving South from here and dying there several years ago. Carr W. Taylor is actively engaged in the law business in Hutchinson. He was attorney for the state railroad board for several years, also for four years county attorney of Reno county.
Howard S. Lewis was graduated from the high school at Hutchinson and attended the law school at Washington, D. C. After he was graduated from that school he returned to Hutchinson and began his work as a lawyer. He is at present judge pro tem of the district court.
Charles M. Williams began the law practice in Hutchinson with B. O. Davidson. Later he was associated with F. F. Prigg. When the latter was elected judge of the ninth judicial district the firm of Prigg & Willianis was dissolved and Mr. Williams continued the business. Mr. Williams was appointed judge of the district court, but soon resigned because of the political conditions that made it impossible for him to continue in that office, as is spoken of in the chapter on "The Judiciary." He has a good practice and it would be a difficult matter to get him to consider any political proposition.
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Frank P. Hettinger and James Hettinger have long been associated in the law business. James Hettinger was county attorney for one term and F. P. Hettinger was a candidate on the Democratic ticket for judge of the ninth judicial district, but was beaten.
J. P. Francis lives at Nickerson. While a member of the bar he has practiced but little in the district court, but does a great deal of the legal work of Nickerson in consultations.
PRESENT JUDGE OF DISTRICT COURT.
Judge F. F. Prigg came to Hutchinson in 1883. He was superintendent of the city schools for two years and then began to practice law. He was city attorney for years; was elected judge of the district court in 1912 and was re-elected without opposition in 1916. His term of office ends in 1920.
A. C. Malloy began his law practice in Hutchinson. He is a graduate of the Michigan University Law School. For a number of years he was attorney for the city of Hutchinson and at the present time, in addition to a general practice, he is general attorney of the Anthony & Northern railroad.
Ray H. Tinder is a graduate of the State University Law School and began his practice in Hutchinson. He was a member of the firm of Sin- mons & Tinder for a number of years, but at the present time is practicing alone. He is active in Republican politics and was a candidate for county attorney, but was defeated in the primaries by Eustace Smith.
George A. Neeley was graduated from the State University Law School. He was a candidate for Congress at the election to fill the vacancy caused by the death of E. H. Madison. He was elected at that time and re-elected for the second term. He was a candidate for United States senator. receiv- ing the Democratic nomination, but was beaten at the election. He is a member of the firm of Neeley & Malloy and they both have a good general practice.
E. T. Foote, who was elected county attorney for two terms, is one of the younger members of the bar. He left the county attorney's office with a good court practice.
H. E. Ramsey is the present county attorney. He was elected in Novem- ber, 1916, for the second term, with an increased majority over his vote of two years previous.
J. R. Beeching is another of the younger members of the bar. He was
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a candidate for probate judge in 1914, but was defeated by Charles S. Fulton. Mr. Beeching is a Democrat and is in much demand as a cam- paign speaker.
GOOD WORK OF PROBATE JUDGE.
Another member of the bar that is not practicing law, but has made a great success in a special line is Charles S. Fulton. For ten years lie has been actively engaged in probate work, four years as an assistant of J. W. Jordan and six years as probate judge of Reno county. His office is regarded as one of the best systematized and perhaps the best probate judge's office in Kansas. In addition to the probate court work, the law imposes upon this court the care of the juveniles of the county which requires a great deal of kindness and skill in handling these younger members of society. Mr. Fulton's majority at the election of 1916, regardless of his long service, was nearly 6,000.
R. B. P. Wilson has practiced law in Reno county for a number of years, coming to Reno county from Western Kansas and is, at the present time, police judge of Hutchinson.
Walter F. Jones was raised in Hutchinson and was graduated from the public schools of this city. He later was graduated from the State Uni- versity Law School and began his practice in Hutchinson. He has been city attorney of Hutchinson for six years. He was a candidate for county attorney in 1910, but was beaten by a few votes. Mr. Jones is prominent in Republican politics, taking an active interest in the campaigns of that party.
Warren White received his law education in the Indiana State Univer- sity. He moved to Hutchinson in 1908 and began the practice of law. He was a candidate for county attorney on the "Bull Moose" ticket in 1914. but the divided Republican party vote resulted in the election of Herbert Ramsey, the Democratic candidate.
Eustace Smith was graduated from the Law School of the Kansas State University. He returned to Hutchinson and began the practice of law with his father, F. Dumont Smith. He was a candidate for county attorney in 1914 on the Republican ticket. With three candidates for this office, two of them, practically Republicans, Mr. Smith being the Republican candi- date, he was beaten by the present incumbent, Herbert Ramsey.
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YOUNGER MEMBERS OF THE BAR.
This short sketch of the older members of the bar leaves nineteen other members, who have either recently begin the practice of law or are working in the law offices of older lawyers. The special mention covers all who have ever been candidates for office and also the older and better- acquainted and longer-established members of the profession. Of the nine- teen members, Van M. Martin and John Martin are members of the firm of Martin & Sons-they practicing with their father, F. L. Martin. Of these two young men, Van Martin is the elder and has made an excellent showing for the length of time he has been a member of the bar. John, the youngest member of the firm, is a graduate of the State University Law School and has recently begun the practice of law with his father and brother. H. R. Branine is also a graduate of the Kansas University Law School and is practicing with his father, C. E. Branine. D. C. Martindell is at present an assistant of C. W. Williams in the law work. This same thing is true of K. K. Simmons, practicing with his uncle, John S. Simmons.
Martin Alemore is practicing and is one of the younger members of the bar that is practicing independently of an older attorney. His law education was obtained in the law office of W. G. Fairchild at Hutchinson. W. A. Huxman is assistant in the office of the county attorney, H. E. Ram- sey. Arthur L. Maltby is a graduate of the law school in Washington, D. C. He began his practice in that city. When he returned to Hutchinson he became a member of the Machine Gun Corps of Company E, of the Second Regiment, Kansas National Guard, and spent seven months on the Southern border with the United States troops under General Funston. When the company returned home Mr. Maltby resumed his law practice. B. A. Ear- hart is attorney for a collecting agency in Hutchinson; however, he has a general practice, as well as attending to the collection business. C. E. Deming is a graduate of the Kansas University Law School. He was ap- pointed judge of the city court, an office created by the Legislature of 1914. The supreme court held the law unconstitutional and the court was discon- tinued. In 1916 Mr. Deming was the Republican candidate for county attorney, but was beaten by Herbert S. Ramsey. A. Coleman. also a graduate of the Kansas Law School, began his practice in Hutchinson. Mr. D. Asher has held the office of justice of the peace in Hutchinson for ser- eral years and was re-elected in 1916. William H. Burnett is an assistant in the office of Carr W. Taylor.
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CONVICTED LAWYER DISBARRED.
There has been but one disbarment proceeding in the history of the Reno county bar. E. C. Clark was convicted as an accessory before the fact of a brutal murder committed in a joint in Hutchinson and was sentenced to the state penitentiary. Immediately disbarment proceedings were com- menced against him. The Reno County Bar Association is composed of men of high character and ability and compares with any bar association in the state.
CHAPTER XXXVII.
THE NINTH JUDICIAL DISTRICT.
The Ninth Judicial District was created by the state Legislature in 1867. The bill creating the district was approved by the governor February 26. 1867, but it did not become effective until after its publication, March 4, 1867.
When this bill was passed, the counties of Chase, Marion, Butler, How- ard, McPherson, Sedgwick, Sumner, Rice, Reno, Harper, Stafford, Pratt and Barbour were embraced in the district, the boundary lines not being the same for the counties then as they are now. The district included all territory south of Chase county to the state line, all west of Chase, including what is now Barton county, and all south from Barton county to the state line, including what is Stafford, Pratt and Barbour counties : obviously, not many of these counties were organized at that time. The Legislature would add a county that was unorganized to the nearest organized county in the district, but as soon as the counties had enough population to organize a local govern- ment, they would establish their own courts whose sessions were transferred gradually to each of the unorganized counties. It was such a big territory to cover that court only lasted a week or so in each county.
Reno county by an act of the Legislature of 1867, was attached to Marion county for judicial purposes, there being but few people in the former at that time, chiefly hunters and cattlemen, for whom some form of govern- ment was necessary. There is, however, no record of any case being tried in Marion county for Reno county. By an act of that Legislature of 1870 Reno county was detached from Marion county and attached to Sedgwick county, which had just been organized, hence Reno county's judicial mat- ters were transferred to Sedgwick county. In 1872, after Reno county was organized, the judicial affairs were brought from Sedgwick county to Hutchin- son, and at the same time Kingman county being yet unorganized, was attached to this county for judicial purposes. These two changes, transferring the judicial matters of Reno county from Wichita to Hutchinson, and attachı- ing Kingman county to this county, became effective March 1, 1872. So Reno county has had three seats of justice-Marion, Wichita and Hutchin- son. In 1873, because of their having no county organization Pratt, Bar-
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bour, Kiowa and Comanche counties were attached to Reno county for judi- cial purposes.
The district continued of the organized size until 1881, when other judicial districts were formed and the Ninth district was reduced to Reno. Harvey, Kingman, Marion, Chase, Rice and Harper counties, and in 1883 the district was again reduced until it contained only Reno, Rice and Chase counties. In 1885, Rice county was cut out of the district, and in 1903 a further reduction was made when the extent of Reno, McPherson and Harvey counties determined the territory of the ninth judicial district.
The first judge of the district was W. R. Brown, a native of New York. born July 16, 1840, who was educated in Union Academy in Schenectady. New York. After his graduation he came west. settled in Lawrence, Kansas, and began the study of law in the office of Ex-Governor William Shannon, and in 1863 went to Topeka, where he received the appointment of deputy clerk of the supreme court. Three years later he moved westward again. locating at Emporia, where he became associated with Judge R. M. Ruggles. He removed the next year to Cottonwood Falls, and while there was elected the first judge of the ninth judicial district, took his seat on January 13. 1867, and continued to preside over the district court until March 1. 1875. In the fall of 1874 he moved to Hutchinson, having been elected as a men- ber of Congress for the third district in the election of 1874.
When Judge Brown resigned to take his seat in the Federal Congress, Judge S. R. Peters was appointed to fill the vacancy until the next election. He was a candidate the following fall and was duly elected for four years. and in 1878 was re-elected for another term. In the fall of 1882 Judge Pet- ers, like his predecessor, was elected congressman from the Seventh District. and resigned his place on the bench December 13, 1882. Judge Peters was a native of Ohio, born in Pickaway county, August 16, 1842. Attending the Ohio Wesleyan College when the Civil War started, where he had reached the sophomore year, he enlisted in the Seventy-third Regiment, Ohio Volun- teer Infantry, as a private. During service he received various promotions until he reached the rank of captain. At the close of the war Judge Peters resumed his education in the University of Michigan, graduating from the law department in 1867, and began the practice of law in Memphis, Missouri. Ite moved to Kansas in 1873, locating at Marion, where he continued to practice his profession, was appointed judge of the ninth judicial district and began his work on the bench, March 8, 1875. He was elected judge in the following November, and was re-elected in 1879. He moved to New- ton in September, 1876, to be nearer the center of his district. In June,
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1878, he was nominated for congressman-at-large, and was elected in the fall, but when the reapportionment of the state into congressional districts was made, Judge Peters was assigned the Seventh Congresional District.
The third judge of the ninth judicial district was Lysander Houk, who was born near Knoxville, Tennessee, February 22, 1834, but when about a year old, his parents moved to Morgan county, Alabama. Later he took a four-year course in Union University at Murfreesboro, Tennessee, and then entered the law school of Cumberland University at Lebanon, same state. () finishing his legal training he began the practice of law in Brownville, Ten- nessee, in 1857, and in the same year he began teaching in the law school. When the Civil War broke out he was drafted into the Confederate army. but he was released from service and moved to St. Louis, where he remained until 1865. He came to Hutchinson in January, 1872, where he was elected county attorney of Reno county in April, 1872, and served until January 1. 1873. He was elected judge of the ninth judicial district in the fall of 1882, took his seat on the bench on January 1, 1883, and served until Jann- ary 1, 1892.
The fourth judge of the ninth district court, F. L. Martin, now living in Hutchinson, was a native of Illinois. He spent his early life in Hancock county, that state, where he received his early education in the public schools. Becoming imbued with the ambition to become a lawyer, he entered the law school at Carthage, Illinois, and after he graduated, came to Hutchinson. Kansas, there beginning the practice of his profession in the law firm of Scheble & Vandeveer: Later he became permanently associated with these lawyers, and the firm name became Scheble, Vandeveer & Martin. His practice was so successful and his personal integrity was so unimpeachable that he was elected judge of the ninth judicial district to succeed Judge Houk, his predecessor, on January 11, 1892, and served out his term. At the expira- tion of his term on the bench, he was re-elected and served one year when he resigned to resume his practice in Hutchinson, where he is now actively engaged therein with his two sons, 'Van and John Martin.
Matthew R. Simpson, the fifth judge of the district court, was a native of Harrison county, Ohio, born in 1857. He remained in the neighborhood of his old home, there attending the public schools, until the outbreak of the Civil War when he enlisted in the Union army, in October, 1861. He was a member of Company I. Fortieth Regiment, Ohio Volunteer Infantry, with which he served throughout the war, participating in all the engagements in which his company and regiment took part. After he was mustered out of the service in November, 1864, he moved to Clinton county, Illinois, and
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farmed until September. 1865, when he entered the law school of Ann Arbor. Michigan, graduating from the institution in the spring of 1867. In 1869. he began the practice of law at Taylorville, Illinois, where he was engaged a part of the time as a government surveyor. He moved to McPherson county. Kansas, in July, 1873, where he was later elected county attorney and served three years. In the early years of his residence there he did much surveying, for he stated from the bench in a case pending before him in this county, that he was a member of a party that surveyed the larger portion of this part of Kansas. He was elected judge of the ninth judicial district, taking his seat, January 1, 1900, and served until he was accidentally killed in an automobile accident on May 10, 1904.
Charles M. Williams, the sixth judge of the district court. was educated in the common schools of Lexington. Kentucky, and later graduated from the State University of Kentucky, after which he began the practice of law in the office of Terrel & Mathe in Harrisonville. Missouri. He was admitted to the bar in 1875, moved to Hutchinson, Kansas, in 1886, and began the prac- tice of law with Mckinstry and Whitelaw ; later, however, he formed a part- nership with B. O. Davidson. When the latter moved from the city in 1896, he formed a partnership with F. F. Prigg, under the firm name of Prigg & Williams. After the accidental death of Judge Simpson. Mr. Williams was appointed judge of the district court by Governor Bailey, to fill the vacancy until the election in the fall. A political condition arose which would preclude any Reno county man from receiving the nomination, arising from the fact that each county in the district, Harvey, Reno and McPherson, had fifteen votes each in the nominating convention. Since McPherson and Harvey counties were in the same state senatorial district, the politicians agreed that Harvey county should have the state senator, and McPherson should have the judgeship. Knowing this condition to exist, and that he would serve only until the January following, Mr. Williams resigned in September. 1903. The fact that his firm was largley interested in the cases to be tried and he would be disqualified to try them as judge, was an additional reason for his resignation.
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