USA > Minnesota > Ramsey County > St Paul > History of Ramsey County and the city of St. Paul, including the Explorers and pioneers of Minnesota > Part 42
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Since the admission of the state which oc- curred May 11th, 1858, the bar of Ramsey county has increased in fair proportion to the growth of the county, and many brilliant and able men have been enrolled among its members, prominent among whom is Cushman K. Davis. Mr. Davis is a well trained lawyer ; has received a thorough education both in law and the gen- eral branches of study. He possesses an extra- ordinary fluency of speech, and brilliancy of con-
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HISTORY OF RAMSEY COUNTY.
ception and expression. He is an eloquent and forcible speaker, a graceful writer, and a close student. Mr. Davis has, by the simple force of his ability, attained a high position at the bar of this state, and bids fair to achieve a national rep- utation as a lawyer. He has been for one term governor of the state, and administered its exec- utive affairs with marked ability. Governor Davis is still a young man and enjoys an exten- sive practice.
George B. Young was appointed by Governor Davis to fill a vacancy on the supreme bencli. He resided in Minneapolis at the time of his ap- pointment and was scarcely known in Ramsey county. His incumbency of the office was brief, but of sufficient duration to introduce him to the public as a lawyer of ability and promise ; when he retired from the bench he commenced prac- tice in St. Paul and has since been engaged in some of the most important litigation in the state. Judge Young may be classed among the first lawyers of the state.
Wm. P. Clough, who for some time prac- ticed in Rochester before coming to St. Paul, is another member of the bar who deserves special mention for his ability and industry in the prac- tice of his profession. Mr. Clough possess a clear mind, quick to perceive the strong points of a case, and an ingenuity that makes the most of the weak ones. He presents a case with great force to either a court or jury. Mr. Clough is a rising member of the bar.
W. W. Irwin deserves special mention as a member of the Ramsey county bar. He is a man of genius in his way; excentric to the last degree; brilliant in conception and execution; an orator of considerable force. Independent of all social conventionalities, he appears here, there, any- where, like a comet with no ascertained orbit. He creates amazement by the suddenness of at- tacks and retreats. His methods differ from those of all other men. His system is his ownl. He is a success in the line he has adopted in the profession, that of a criminal lawyer. He enjoys a reputation in this role that extends beyond the limits of this state. Few criminal trials of any magnitude have taken place in this state or the adjoining territories of late years, that Mr. Irwin has not been engaged in for the defence, and his success has been extraordinary.
R. B. Galusha is a gentleman who in his own way, has attained prominence at the bar of this county. He is sui generis. Quiet in his de- meanor; retiring but always at the front; a sound and reliable counsellor, he has always enjoyed the confidence of some of the best men of the state, which has brought him a responsible and lucrative practice. Not an advocate, he aids those who take that role in the cases he repre- sents. Mr. Galusha holds the important position of attorney for the St. Paul, Minneapolis and Manitoba Railway company, one of the largest corporations in the north-west, and fills it well. There is no gentleman at the bar of this county who is more universally esteemed for his profes- sional and social qualities than Mr. Galusha.
The bar has also been increased considerably by the accession of young gentlemen, who have studied in the county and been admitted by the courts. Prominent among these is Christopher D. O'Brien, who has developed great ability as a trial lawyer. He was at one time in partnership with Governor Davis, and county attorney of Ramsey county. Homer C. Eller, who is the author of an excellent digest of the Minnesota reports. John D. O'Brien, who is now of the firm of O'Brien and Eller. Edmund R. Hollins- head, a son of William R. Hollinshead, before mentioned; E. S. Gorman, son of ex-Governor Gorman; F. G. Ingersoll; John W. Willis; Al- fred S. Hall; George C. Squires, now court com- missioner of the county, and a member of the firm of Bigelow, Flandrau and Squires; E. G. Rogers, who was recently county attorney and filled the office with credit; and many other promising young men, who bid fair to maintain the past standing of the Ramsey county bar.
Another considerable addition has been made to this bar by the removal of lawyers from other parts of the state to St. Paul, attracted by its rapidly growing importance. These gentlemen were usually lawyers who had outgrown the localities where they had first cast their lots and sought wider fields of labor. From St. Cloud came Col. Charles D. Kerr, and William S. Moore; from Dodge county came S. L. Pierce; and from Mankato came Martin D. Severance, all gentle- men of reputation and standing in the profession. Mr. Severance had hardly arrived before he was tendered the position of judge of the Sixth ju-
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THE SUPREME COURT.
dicial district, the acceptance of which necessi- tated his return to Mankato.
Of course in this brief sketch of the bar of this county, the names of many of its worthy mem- bers are not mentioned. The author assures them that it is not from lack of merit on their part, but from want of space. He did think of printing as part of this article a roll of all the members of the bar of the county-past and pres- ent, but was compelled to abandon it.
The history of this bar would be incomplete without mention of the fact, that from the organ- ization of the county to 1856, St. Anthony was a prominent part of it, and contained quite a num- ber of attorneys. Conspicuous among these were Isaac Atwater, Ellis G. Whitall, William II. Hub- bard, James H. Strader, Samuel M. Tracy, Wil- liam II. Welch, George A. Nourse, Warren Bris- tol, Israel S. Demmon, Dan M. Demmon, George E. H. Day, D. A. Secombe, John W. North, Abram R. Dodge, James M. Shepley, George W. Prescott, E. L. Hall, R. L. Joice, IIenry W. Cowles, and many others whom the writer can- not now recall. Many of these gentlemen still remain in Hennepin county. Some have died, and some removed to other fields of labor. The political antagonisms between St. Paul and St. Anthony led to the latter being set off from Ramsey county and made part of Hennepin coun- ty in 1856, where it has ever since remained. From the nature of its industries, and the charac- teristics of its people, it is undoubtedly more at home where it is, than it ever could have been as a part of Ramsey county. The separation was mutually advantageous.
The bar of Ramsey county has always been noted for the kindly feeling, and generous cour- tesy which has existed among its members. The professional word of any reputable lawyer has ever been received as a sufficient guar- anty for performance, and has rarely failed in fulfillment. Sharp practice has never been tol- erated, and a degree of reciprocal accommoda- tion established, that has characterized profes- sional practice here, as a graceful fellowship among gentlemen. The writer has had a close intimacy with the Ramsey county bar for twenty- eight years, both in the sharply defined antago- nisms, and vigorously contested struggles of an active professional life, and as a judge at nisi prius,
and on the supreme bench, and he can conscien- tiously record the fact, that in all his experience, he does not recall a single instance in which a recognized member of this bar has ever taken an unprofessional advantage of another. Disrepu- table attorneys have appeared occasionally here as elsewhere, but they have never been able to engraft themselves on the main stem, and after a brief exotical career, they have withdrawn.
"I've scanned the actions of its daily life
With all the industrious malice of a foe; And nothing meets my eye but deeds of honor."
There is an old saying that lawyers work hard, live well and die poor, and such is usually their fate, but I am happy to be able to say, that many of the members of the bar of this county, have by their industry and good sense, accumulated modest, but comfortable fortunes as the reward of their labors.
THE COURTS.
As we said before, the organic act lodged the judicial power of the territory of Minnesota in a supreme court, district courts, probate courts and justices of the peace. The constitution bas preserved this repository of the judicial authority with the addition of the words, "and such other courts inferior to the supreme court, as the legis- lature may from time to time establish by a two- thirds vote."
Although the supreme court is not a court of Ramsey county, yet as it has always been held in this county, we will give its organization from the beginning. In the days of the territory it was composed of a chief justice and two asso- ciate justices, a clerk and a reporter, and its or- ganization remained the same after the admis- sion of the state until 1881, when two additional associate justices were added.
The chief justices have been as follows during the territory : Aaron Goodrich, June 1st, 1849, to November 13th, 1851 ; Jerome Fuller, Novem- ber 13th, 1851, to - , Henry Z. IIayner, 1852, never presided ; Wm. H. Welsh, April 7th, 1853, to May 24th, 1858.
Associate justices during the territory : David Cooper, June 1st, 1849, to April 7th, 1853 ; Brad- ley B. Meeker, June 1st, 1849, to April 7th, 1853 ; Andrew G. Chatfield, April 7th, 1853, to April 23d, 1857 ; Moses Shurburne, April 7th, 1853, to
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HISTORY OF RAMSEY COUNTY.
April 13th, 1857 ; R. R. Nelson, April 23, 1857, to May 24th, 1858 ; Charles E. Flandrau, April 23d, 1857, to May 24th, 1858.
Clerks during the territory : James K. Hum- phrey, January 14th, 1850, to 1853 ; Andrew J. Whitney, 1853 to 1854; George W. Prescott, 1855 to May 24th, 1858.
Reporters during the territory : William Hol- linshead, appointed July 7th, 1851 ; Isaac Atwa- ter, appointed March, 1852; John B. Brisbin, appointed February 28th, 1854; M. E. Ames, appointed March 20th, 1856 ; Harvey Officer, ap- pointed November 27th, 1857.
Chief justices under the state: Lafayette Emmett, May 24th, 1858, to January 10th, 1865 ; Thomas Wilson, January 10th, 1865, to July 14th, 1869; James Gilfillan, July 14th, 1869, to Janu- ary 7th, 1870 ; Christopher J. Ripley, January 7th, 1870, to April 7th, 1874 ; S. J. R. McMillan, April 8th, 1874, to March 10th, 1875; James Gil- fillan, March 10th, 1875, to present date.
Associate justices under the state: Charles E. Flandrau, May 24th, 1858, to July 5th, 1864 ; Isaac Atwater, May 24th, 1858, to July 6th, 1864 ; S. J. R. McMillan, July 5th, 1864, to April 7th, 1874 ; Thomas Wilson, July 6th, 1864, to January 10th, 1865; John M. Berry, January 10th, 1.865, to present time; George B. Young, April 16th, 1864, to January 11th, 1865; F. R. E. Cornell, January 11th, 1875, to June, 1881; Greanleaf Clark, from March 14th, 1881, to present time ; Wm. Mitchell, March 14th, 1881, to present time ; D. A. Dickenson, June 27th, 1881, to present time.
Clerks of supreme court under the state: Jacob J. Noah, May 24th, 1858, to January 15th, 1861. A. J. Van Vorhes, January 15th, 1861, to January 13th, 1864; George F. Potter, January 13th, 1864, to January 14th, 1867; Sherwood Hough, Jan- uary 14th, 1867, to January 1st, 1877; S. H. Nichols, January 1st, 1876 to present time.
Reporters of the supreme court under the state: Harvey Officer, May 24th, 1858, to January 30th, 1865; William A. Spencer, January 30th, 1865, to June 15th, 1875; George B. Young, June 15th, 1875, to present time.
. The terms of the supreme court of the terri- tory were held in various buildings in St. Paul, where suitable accommodations could be found, until the completion of the territorial capitol in
1853, when a room in the north wing of that building was set apart for this court, where it was subsequently held until changes were made in that building, which removed it to another part, but it was always convened there up to the time of the destruction by fire of the capitol dur- ing a session of the legislature, about the first of March, 1881, when its room was removed to the the new Market house in St. Paul, where its last session was held.
The duty of holding the district courts de- volved upon the judges of the supreme court, under the territorial organization, and as we have before said the territory was divided into three districts, and what is now the county of Ramsey, was embraced in the first district, and the courts held by the judge assigned to that district. When the state was organized, Ramsey county was erected into one district, and called the second judicial district. At the first state election E. C. Palmer was elected judge, and presided over the district court from May 24th, 1858, to December 31st, 1864. Wescott Wilkin was then elected . judge of the district, and has held the position by successive elections, usually without opposi- tion, until the present time. In the year 1876, by an act of March 2d, the number of the judges of the district court for the second district was increased to three, and by the same act Orlando Simons and Hascal R. Brill were transferred to that court, from the bench of the common pleas, which by the same act was merged in the district court. These judges still remain upon the district bench, the labors of the court being di- vided between them, to suit their own, and the public convenience.
This court possesses general original jurisdic- tion in all cases except those pertaining to the Estates of deceased persons, and persons under guardianship, and appellate jurisdiction from the probate courts and justices of the peace. It holds three terms a year, and special terms on each Saturday.
The clerks of this court have been as follows: James K. Humphrey, Andrew J. Whitney, Geo. W. Prescott, R. F. Howsworth, Albert Arm- strong and A. R. Kiefer.
The sheriffs of Ramsey county have been the following gentlemen acting in the order in which their names are given. C. P. V. Lull, George F
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OFFICERS OF THE COURTS.
Brott, A. M. Fridley, A. W. Tullis, James Y. Caldwell, D. A. Robertson, John Grace, Christo- pher Becht, James King and Frederick Richter.
The office of county attorney of Ramsey county has been filled by the following named attorneys in the order given. W. D. Phillips, D. C. Cooley, I. V. D. Heard, Henry J. Horn, Harvey Officer, S. M. Flint, W. W. Irwin, C. D. O'Brien, E. S. Rogers and J. J. Egan.
City attorneys of St. Paul. I. V. D. Ileard, C. J. Pennington, S. M. Flint, Henry J. Horn, Harvey Officer, W. A. Gorman and Wm. P. Mur- ray.
The probate court of Ramsey county possesses the jurisdiction conferred by section 7 of article six of the constitution, which is very similar to that exercised by such courts under the territory. It embraces the estates of deceased persons, and persons under guardianship. It is a court of record, having a clerk and seal, and is always open for the transaction of business. It has been presided over by the following named judges:
1849 -- IIenry A. Lambert; 1853 -- Wm. HI Welsh; 1853-Samuel M. Tracy; 1854-Jesse M. Stone; 1855-Richard Fewer; 1856-Alexander C. Jones; 1858 -- John Penman; 1860 -- I. V. D. Heard, ex- officio, being district attorney; 1860 -- John F. Hoyt; 1862 -- R. F. Crowell; 1863 -- E. C. Lam- bert; 1865 -- R. F. Crowell; 1869 -- Oscar Stephen- son; 1873 -- Hascal R. Brill; 1875 -- Oscar Stephen- son; 1877 -- IIenry O'Gorman, the present incum- bent.
The attorneys-general of the territory and state have been as follows :
TERRITORY.
Lorenzo A. Babcock, June 1, 1849, to May 15, 1853 ; Lafayette Emmett, May 15, 1853, to May 14, 1858.
.STATE.
Charles H. Berry, May 24, 1858, to January 2, 1860; Gordon E. Cole, January 4, 1860, to Jan- uary 8, 1866 ; William Colville, January 8, 1866, to January 10, 1868 ; F. R. E. Cornell, January 10, 1868, to January 9, 1874 ; George P. Wilson, January 9, 1874, to January 1, 1880 ; Charles W. Start, January 1, 1880, to March 12, 1881 : Wil- liam J. Hahn, March 13, 1881, to the present time,
The constitution of the state allows the legisla- ture to establish courts other than those designa-
ted in that instrument, inferior to the supreme court. In the year 1867, the district court of Ramsey county, becoming overburdened with business, and having but one judge, the leg- islature established, by act of March 9th, a court of common pleas for this county, with the same jurisdiction as the district court, and William Sprigg Hall was elected its first judge. IIe took his seat, August 1st, 1867, and presided until February 25th, 1875, when he died. Judge Hall was an able lawyer, a just and good judge, and a true gentleman. He lived beloved and died lamented by all who knew him.
Hascal R. Brill was appointed by the governor to fill the vacancy caused by the death of Judge HIall, and entered upon the duties of the office, March 1st, 1875. On the 5th day of March, 1875, the legislature authorized the election of a second judge of this court at the next general election, and directed the governor to appoint one ad interim, Governor Davis appointed Orlando Simons, who entered upon the duties of the office, March 15th, 1875. Each of these gentlemen as- sumed the trust with diffidence ;- Judge Brill, by reason of his youth and inexperience, and Judge Simons on account of his natural modesty and retiring disposition ; but time has fully justified the sagacity of the governor's choice in both in- stances, as these gentlemen now adorn the bench of the district court to the satisfaction of the peo- ple and the admiration of the bar, We have spoken of Judge Simons before in this chapter.
Judge Brill entered upon the important duties of the bench with the foundation of a good legal mind, well stored with legal knowledge, and a judicial experience of a term or two as judge of the probate court of this county, but without a very extended practice, or the wisdom resulting from age. Many doubts were entertained as to whether he would succeed in the assiduous task he had undertaken. But he had hardly re- covered from the surprise of his selection before he began to develop the finest judicial traits, and by his uniform courtesy, excellent judgment, promptness of decision, and clearness of percep- tion, he has won for himself a most enviable judi- cial standing.
The existence of two courts in the same county with concurrent jurisdiction, and the same clerk, seemed rather an anomaly, and it was deemed by
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HISTORY OF RAMSEY COUNTY.
the bar best to merge them into one court with the three judges. Accordingly, in 1875, section 4, of article 6, of the state constitution was amended so as to allow the election of one or more judges in a judicial district, and the trans- fer by the legislature of judges of the common pleas courts to the district court. In pursuance of this amendment an act of the legislature was passed on March 2d, 1876, by which the court of common pleas was merged into the district court, and Judges Brill and Simons transferred to that court, where they still remain.
MUNICIPAL COURT.
In 1875, by act of March 8th, the municipal court was established in the city of St. Paul. It is given a clerk and seal, and jurisdiction in all criminal matters which were before entertained by justices of the peace, with civil jurisdiction to the extent of two hundred dollars. The same act made the then city justice, judge of said court until his successor should be elected and quali- fied.
S. M. Flint thus became the first judge of this court, and presided over it until the election in the fall of 1880, when the present incumbent, Walter T. Burr, was elected. The term of office of the judge of this court is four years.
There are also two special judges of this court whose term of office, powers and duties, are the same as that of the judge. The salary of judge is $2,500 per annum, and that of the special judges, $8 per day when on duty.
This court transacts an immense amount of business, civil and criminal. It makes a watch- house delivery every morning. The incomes from fines and costs largely exceed the expenses of the court.
S. M. Flint and Walter T. Burr are the only judges this court has ever had. Its special judges have been, R. B. Galusha and Homer C. Eller, appointed by the governor on the organization of the court. Mr. Galusha did not accept. James F. O'Brien and Thomas Robinson, and again James F. O'Brien and W. B. McGrorty, the last two being the present incumbents.
This court has practically superseded justices of the peace, but the county still has several of those judicial officers.
JUSTICES OF THE PEACE.
We call to mind the following justices of the peace who have administered the law of this county :
B. W. Lott, John A. Wakefield, Orlando Si- mons, Nelson Gibbs, Joseph LeMay, Truman M. Smith, Fleet F. Strother, Thomas Howard, H. M. Dodge, B. A. M. Froiseth, Archibald McEl- rath, Oscar F. Ford, E. C. Lambert, Eugene Burnand, Theodore F. Parker, Ed. H. Wood.
Many of these gentlemen held the office for a long time and were quite prominent citizens.
FEDERAL COURTS, United States Circuit Court.
Prior to the admission of the state, all the fed- eral judicial power was vested in the territorial courts, and administered by them. The organi- zation of these courts has been heretofore given. When the state was admitted on May 11th, 1858, it was constituted a judicial district of the United States, with a district court possessing circuit powers. By act of July 15th, 1862, it was made part of the 9th circuit; and by the same act the district court was deprived of its circuit powers, and circuit courts were appointed to be held in the district by the associate justice of the supreme court of the United States, who was assigned to the 9th circuit, together with the district judge of the district, either of whom made a quorum.
Hon. R. R. Nelson was appointed judge of the United States district court, on the admission of the state, and still holds the position. He ap- pointed George W. Prescott clerk of the district court, and W. B. Gere having been appointed United States marshal of the district, and Eugene M. Wilson, United States district attorney, the court was fully organized.
Justice Samuel F. Miller of the supreme court of the United States, having been assigned to the 9th circuit, presided at first circuit court ever held in the district, in October, 1862, assisted by Judge Nelson. At this term H. E. Mann was appointed clerk of the circuit court, and has filled the posi- tion ever since,
The business of the federal courts having in- creased with the growth of the country, beyond the power of the judicial force to cope with it, a circuit judge was added to each circuit by act of April 10th, 1869, with the same powers as the
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UNITED STATES COURTS.
supreme judges when doing circuit duty. In pursuance of this act, Hon. John F. Dillon, of Iowa, was appointed to this circuit, and filled the position up to the end of the June term of 1879, about which time he resigned to accept the law . professorship of Columbia College in New York. Judge Dillon was succeeded by Hon. George W. McCrary, who now holds the position.
The district of Minnesota is now in the eighth judicial circuit, and two terms of the circuit court are held annually in the city of St. Paul, one in June, and one in December. These terms are held by either the judge of the supreme court, the circuit judge or the district judge in the ab- sence of either of the other, or it may be held by either of the circuit judges, assisted by the district judges, or by the two circuit judges.
By the act of April 10th, 1869, it is made the duty of the justice of the supreme court to at- tend at least one term of the circuit court in each district of the circuit to which he is allotted dur- ing every period of two years, but the business of the supreme court has become so large of late years, that the judges find it impossible to com- ply fully with this requirement.
THE DISTRICT COURT OF THE UNITED STATES.
The district court of the United States for the district of Minnesota, since it was divested of circuit powers as above stated, is in all particulars the same as the other United States district courts throughout the country. Judge Nelson has pre- sided over it from the day of its organization. Its first clerk was George W. Prescott, who was suc- ceeded by James W. Taylor, who was followed by Wm. A. Spencer, the present incumbent.
This court holds two terms in each year, one at Winona on the first Monday of June, and one at St. Paul on the First Monday of October.
The jurisdiction of the circuit and district courts of the United States is so uniform through- out the Union and so well known as to render it unnecessary to comment upon it here.
UNITED STATES CIRCUIT COURT COMMISSION- ERS.
The circuitcourts have commissioners attached to them, who perform duties analogous to those of a justice of the peace under the state system. They are examining and committing magistrates for the circuit and district courts, take acknowl-
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