USA > Minnesota > Stearns County > History of Stearns County, Minnesota, Volume I > Part 66
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a product as granite to the amount of one million dollars is an asset of which any city might be proud. Minneapolis, with great industries of her own, com- pliments St. Cloud on this one.
"One trouble with the St. Cloud stone is that it is too good for everyday use. It is a magnificent building stone, as the capitol up to the marble super- structure, the new St. Paul Cathedral, and Plymouth Congregational Church in this city abundantly prove. But the stone is so hard, so difficult to dress, making it expensive, that few builders can afford to use it. About three- fourths of the output of the St. Cloud quarries last year was for monumental work, for which it was beautifully adapted.
"If ever the reaches of the upper Mississippi are available for a commerce that can be carried in barges; if ever the quiet waters above the high dam at the Soldiers' Home and the Coon Creek dam become harbors for fleets of barges; we hope that St. Cloud granite will come in endless procession as long as navigation is open, beautifying Minneapolis and all the cities to the south."
From the Duluth News-Tribune: "Minnesota's Granite City. The pro- duction of granite in the St. Cloud district this last year passed the $1,000,000 mark. The Minneapolis Tribune fittingly takes this occasion to congratulate that city. But it strangely fails to include that heartiness which signalizes a 'boost.'
"It calls granite 'too good for everyday use,' 'far too precious to use by any but the wealthy,' and intimates that it must come by barges down the Mississippi before it can be extensively used by the Twin Cities. The Tribune does not know granite.
"Time was when it was an expensive stone to prepare for the builder. In those days it was dressed by hand. This is the reason that St. Paul exercised such political pressure when the capitol was built as to compel all the granite used in the foundation and approaches to be shipped in the rough to that city and dressed there. It was not satisfied to get the building, it must have all the labor toll.
"The output of the Granite City would long ago have passed $1,000,000 annually if the people of this state, and especially of its larger cities, had been loyal to this state product; if they had promoted its use and had recognized its value as a state asset. Instead of this it has been antagonized as 'too precious,' and opposed for no other earthly reason than that it was a home product.
"As a result there is a marble capitol with a dirty face, in a region and climate where marble distinctly does not belong. We have a lot of hideous boxes with holes in them on the university campus, lacking every factor of art or beauty. As a fact, the finest public building in the state, the truest in design, the most satisfactory architecturally, the most substantial in structure, the most enduring and altogether the most beautiful is the Minneapolis court house, which is of granite, but so located as to be hidden.
"Granite is no longer the expensive building material it once was. It is now dressed by machinery; huge columns are turned on lathes and the machine has greatly cut the cost of the chief factor entering into its price.
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It is time the state was aroused to an appreciation of this stone as a state asset, as a basis for great industry.
"It has developed, as it has by the sole efforts of the people of St. Cloud, who have refused to be discouraged and almost alone have financed the indus- try, and without help have unlocked the markets which are mostly found outside the state.
"It is the most beautiful granite in the world. It is pronounced even su- perior to the famous product of Scotland. It can be produced in any size and runs in color from a light gray to black and from a pink to a rich, reddish brown. In texture it varies from almost the fineness of jasper to the coarse flakes of the Rockville stone.
"Now that St. Cloud has made this one of the really great industries of the state, the rest of us should join in making the annual output not $1,000,000, but $10,000,000, and this can be done in a decade, if we will all merely 'boost.' ">
CHAPTER XXIX.
BENCH AND BAR.
Fourth Judicial District and Its Judges-Seventh Judicial District and Its Judges-The Probate Court-Municipal Courts-Early Cases and Law- yers-Bar Association-Leading Cases-Conclusion-By James E. Jenks.
The original constitution of Minnesota provided that the state should be divided into judicial districts of as nearly as practicable equal population. Six districts with one judge each were established by the constitution.
Stearns county was in the Fourth district, which comprised practically the whole state north and west of St. Paul. The other counties were Henne- pin, Carver, Wright, Meeker, Sherburne, Benton, Morrison, Crow Wing, Mille Lacs, Itasca, Pembina, Todd and Cass. Later Anoka county was added making fifteen in all. Practically the whole district had to be covered by means of horses, either in saddle or with vehicle of some sort. In order to hold court in each county the judge must needs travel in this manner from fifteen hun- dred to two thousand miles annually.
The first district judge was James Hall of Little Falls who was appointed May 24, 1858, and served until October 1, the same year, at which time he re- signed. Judge Hall sat in Stearns county but once and then only for busi- ness in chambers.
E. O. Hamlin of Sauk Rapids succeeded Judge Hall. Judge Hamlin was one of the first lawyers to come to this section, if not the first. He settled in Sauk Rapids in 1854, where he and a land surveyor, named Lancaster, had an office together. After his appointment to the bench he came to St. Cloud to live and he presided over the first general term of the state district court held in Stearns county. This was in March, 1859.
It appears from the clerk's records that prior to this, two terms of the Territorial court were held at St. Cloud; the first in June, 1855, and the
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second in May, 1856. At these terms the Hon. Moses Sherburne, United States district judge, presided.
Judge Hamlin was an able man and although he served but a short time he made an enviable record. The country was new. There were few precedents and it was necessary to make law at first hand. Bishop Henry D. Whipple, in a paper read at the Fiftieth Anniversary of the Minnesota Historical So- ciety, St. Paul, November 15, 1899, on "Recollections of Persons and Events in the History of Minnesota," narrated the following incident :
"I could call over a long roll of the legal profession of our state, the peers of their brethren of the most favored cities of the East. Let me men- tion one name, that of Edward O. Hamlin of St. Cloud, the honored judge of that circuit. A murder had been committed, and the exasperated citizens judged the criminal by mob law, and hanged him. Some of the most promi- nent citizens of the county notified Judge Hamlin that he must not charge the grand jury with reference to this deed, and that if he did he could never again be elected. Judge Hamlin paid no attention to the threat, but charged the jury in one of the most manly appeals which ever came from a judicial bench. When I read it, I said to my friend, 'Hamlin, I would rather have made that charge of yours than to be President of the United States.'" This occurrence was in the adjoining county of Wright, and led to what is known as "The Wright County War." A company of militia was sent up by the governor to quell the disturbance. Judge Hamlin resigned after the fall term in 1859 and entered private practice in St. Cloud. He remained one of the leading practitioners until some years after the Civil War. In common with many of the lawyers of the county he took a lively interest in public affairs and was the first mayor of St. Cloud upon its organization as a city in 1862.
Judge Hamlin was succeeded by Judge Charles E. Vanderburgh. Judge Vanderburgh was a Yale graduate, taught school, studied law, was admitted in New York, came to Minnesota in 1856, and was made judge in 1859 at the age of 29 years. Notwithstanding his youth he made good and was the first of three judges who sat upon the Stearns county district bench to ascend to the Supreme bench of the state. Judge Vanderburgh held general terms in St. Cloud twice each year from April 2, 1860, to April 12, 1866, except that the September term in 1861 was held by Judge Thomas Wilson, and Judge C. E Palmer presided at the April term in 1863.
When the Seventh Judicial district was established by the legislature of 1866, Judge Vanderburgh remained judge of the Fourth district until 1881 when he went to the Supreme court and served as a justice of that court till 1894.
SEVENTH JUDICIAL DISTRICT AND ITS JUDGES.
The new judicial district included everything west and north of St. Cloud to the Canadian line. The total population was only 14,000, of which about half lived in Stearns county, except for Stearns, Benton and Morrison counties the entire district was guiltless of lawyers. The first judge of the new Seventh district was James M. McKelvy, who was appointed in 1866, and
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served until 1883, during which time he presided over ninety-six terms of court, general and special, in Stearns county. Judge MeKelvy came to St. Cloud from Pennsylvania in 1858, so he was among the early arrivals of those in his profession. He was appointed by Judge Hamlin at the second general term in Stearns county as acting county attorney. In 1859 he was elected county attorney, and served till 1862 when he resigned to enter the army. He was again elected county attorney in 1865 and served till August, 1866, when he again resigned, this time to go upon the beneh. As stated by one of his contemporaries, he was a mere boy in appearance even when he went upon the bench, but he was an exceptionally brilliant man and was long regarded as one of the ablest district judges in the state. Judge McKelvy resigned as judge in April, 1883, to enter private practice.
There appears elsewhere in this work an extended account of the life and work of Judge MeKelvy, as well as the lives and works of all his successors to the present time. It is inappropriate, therefore, to give here more than a few general facts and side lights with reference to any of them.
Upon the resignation of Judge MeKelvy, Lorin W. Collins was made judge and held his first term in April, 1883. He was the second Stearns county district judge to be honored with a seat upon the state supreme bench. This was in 1887, so Judge Collins served only about four and a half years upon the district bench. Judge Collins was very methodical in his work and followed a practice which many of the lawyers of today would find to their profit to follow. He made it a rule to prepare his cases thoroughly a long time in ad- vance of trial. When county attorney he always prepared his indictments immediately after the preliminary hearing. At the same time he took state- ments of all his witnesses and reduced them to writing. These statements together with the indictment and a list of authorities bearing on the case were placed in his file. When the grand jury met everything was in readiness and he was not hurried or worried.
He served as county attorney in 1867 and 1868, and again from 1870 to 1872. A story is told of Judge Collins when he first went upon the bench which, though something of a "grind," was enjoyed by the judge as much as by anybody. It is invariably true that when a strong advocate goes to the bench, he finds it difficult for a time to hold his conclusions in abeyanee. Judge Collins had been an exceptionally strong advocate and he was no exception to the rule. At an early term held in Sauk Rapids, a criminal case was on trial, Oscar Taylor being for the defendant. Judge Collins was con- vineed of the guilt of the defendant and his charge was somewhat favorable to the prosecution. The jury after consideration, acquitted the defendant. At dinner that day a number of lawyers were together at the hotel table and Judge Collins expressed his disapproval of the verdict. Captain Taylor wore a long silky beard, reaching to his waist. He had a habit of combing this beard with his fingers as he talked, and he was noted for his caustic tongue. "Well, Judge," said the captain, combing his beard, "I don't think you ought to complain. It's the first case you've lost this term." Judge Collins carried his careful methods of preparation to the bench and he ranked high as a jurist. He retired from the supreme court to become a candidate for
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governor. This led to the famous Dunn-Collins fight, in which he was de- feated. He then opened an office for private practice in Minneapolis, where he remained until his death. He was always loyal to St. Cloud, however, and retained his legal residence here. For a time, also, he had a branch office in this city, in charge of James A. Martin, under the style of Collins, Martin & White.
When Judge Collins was made Supreme court justice D. B. Searle became judge at St. Cloud. Judge Searle was county attorney from 1882 to 1884. Prior to that time he had been city attorney of St. Cloud, and was for a time United States district attorney. He had been unusually successful as a prae- titioner and he made an excellent judge. He was re-elected several terms without opposition and was in continuous service on the bench longer than any of the other judges elected from this county, a period of nearly twenty-one years. Judge Searle was not only a good judge, but a genial and hospitable host. It was his custom for many years to entertain all the lawyers of the county at his home, and these occasions were always thoroughly enjoyable. Like Judges MeKelvy and Collins, Judge Searle served in the Union army in the Civil War and was always active in the affairs of the G. A. R. It was on the occasion of an address on Memorial day at Long Prairie in 1906 that he was stricken almost unto death. In faet he never recovered so that he was able to resume his duties on the bench. He resigned in November, 1906, and died in the winter of 1907.
The seventh judge to sit in St. Cloud and the third to go from the Dis- trict court to the Supreme court was Myron D. Taylor. Judge Taylor was born in Maine, but came to Stearns county when only three years old, so he was almost a native son. He was elected in November, 1906, to succeed Judge Searle, but as his regular term would not begin in due course until January, 1907, he was appointed by Governor Johnson so as to be able to hold the December term. Judge Taylor was and is pre-eminently a general-principle lawyer, and, therefore, particularly well fitted for judicial work. He has a wonderful power of concentration and when he sets himself to a task, he can digest and assimilate more law than any man ever known to the writer. Hc has also an exceptionally retentive memory. The writer has seen him turn to a whole series of cases bearing upon a given point, running through a number of volumes of Minnesota Reports, without looking once at either a digest or an index. Judge Taylor served his apprenticeship with Sylvester Kipp at Henderson and Mr. Kipp always took a lively interest in him. In rendering his decisions when on the district beneh he used frequently to add notes which were most illuminating. His decisions were rarely reversed by the Supreme court, and commenting on this Mr. Kipp said, "Just as long as M. D. (he was always known among his intimates by his initials) keeps writ- ing those notes to keep the Supreme court straight, he isn't going to have any trouble." Judge Taylor was city attorney of St. Cloud for twelve years and is the father of the best part of the city charter and most of the ordinances. He was register of the United States land office at the time of his appointment to the bench. The legislature of 1913, in order to relieve the burden of work resting upon the Supreme court provided for two additional judges under
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the title of Commissioners who should be selected by the court itself. Judge Taylor and Judge Dibbell of Duluth were the two men chosen. A farewell banquet was given in St. Cloud in honor of Judge Taylor before his departure for St. Paul, which was attended by representatives from the bar of every county in the district and by Chief Justice Brown of the Supreme Court. In speaking of the selection of Judge Taylor the Chief Justice said that the ma- jority of the court were not personally acquainted with Judge Taylor but they had all learned to know him through the decisions he had rendered which came to their court for review, and they knew he was the man they wanted as an associate to help keep the calendar clean. That was certainly a fine tribute to Judge Taylor's judicial ability, and his work upon the supreme bench has proved it to be well founded. Judge Taylor's appointment was in March, 1913. His first intimation that he was being considered was a long distance call from the Chief Justice, offering him one of the new Commis- sionerships. That afternoon as many of the members of the bar as could be reached were called together and they were informed of the offered appoint- ment.
After expressions of regret that the district was to lose Judge Taylor's services, the lawyers present fell to discussing who was best qualified to suc- ceed him. After canvassing the situation up one side and down the other, it was finally agreed by all present that John A. Roeser should receive the unanimous endorsement of the bar for appointment to succeed Judge Taylor, and a committee was appointed to inform Mr. Roeser who was not present at the meeting but was attending to some business in Minneapolis; and if he would accept to present his name to the Governor. After some difficulty, Mr. Roeser was located and apprised of the action of the bar, and after the first shock of surprise, for he knew nothing of Judge Taylor's appointment, he said he would accept if appointed. Senator Sullivan was in St. Paul and he was communicated with by telephone, as was also Governor Eberhart, with the result that Judge Roeser was appointed that same evening, March 15. Judge Roeser assumed his official duties April 1, 1913, and held his first term of court in Mille Lacs county.
Judge Roeser is a fine example of a self-educated and self-made man. His only opportunity for schooling, except in the common schools and in the University of Experience, was at the Normal School in St. Cloud between the ages of twelve and fifteen. At fifteen he was obliged to earn his own living and contribute to the support of others; and he then taught his first school. After some years of teaching he came to St. Cloud and worked for a time at the fiber mill in lower town, then in the German American National Bank, then for a short time with John D. Sullivan, and finally with George H. Rey- nolds, with whom he remained as a clerk until he was admitted to the bar in 1898, and then as a partner until Mr. Reynold's death. Judge Roeser is a close student and a hard worker. Thoroughness has always been his watch- word and it was this fact which singled him out as the man for judge. His appointment was purely on merit and he has ratified the judgment of the bar by service upon the bench of a high character. At the November, 1914, elec- tion, he was elected for a six-year term without opposition and bids fair to be
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a most worthy successor to the line of illustrious judges who have preceded him.
THE PROBATE COURT.
The statutes do not require that a judge of probate shall be a man "learned in the law." This has resulted in many counties in an unfortunately weak administration of the affairs of this most important court. Stearns county, however, has been fortunate in this regard. Practically all its probate judges from the very beginning have been lawyers and some of them among the most capable in the state.
The first judge of probate in Stearns county was N. N. Smith, who served in 1855 and 1856.
He was succeeded by Henry C. Waite. Judge Waite was the first lawyer in Stearns county and next to Judge Hamlin was the first lawyer in this sec- tion of the state.
When he came to the state the law practice was largely in Justice court and before the United States land office, and Mr. Waite in pursuit of his pro- fessional duties to clients used to travel to Little Falls and as far as Crow Wing, on foot, and following the custom of the pioneer community, as well as for the sake of economy, he carried his shoes in his hands, between courts. Mr. Waite served as a Democratic member of the Constitutional Convention and was the first county attorney of Stearns county. He was judge of pro- bate from 1856 to 1860. He went into business shortly after retiring from the Probate court, and while he was always active in the affairs of the county and state, and never forgot that he was a lawyer, he did not again engage in active practice.
W. D. Davis succeeded Judge Waite.
Following Judge Davis, L. A. Evans became probate judge and holds the record for long service, having been judge of that court from 1862 to 1882, with the exception of two years when the office was held by Peter Brick. Judge Evans had his office in the Broker block, which was the big building of the town in the early days. The Broker building burned in 1872 and with it all the probate records up to that time. Judge Evans was the eleventh man admitted to the bar in Stearns county. He was city justice for many years, but was not in active practice during the later years of his life.
Peter Brick was elected judge of probate in 1876, defeating Judge Evans, but only served two years at that time. He was again elected in 1882 and was Probate judge until 1887. Judge Brick was county attorney from 1872 to 1876 and was very active both in politics and business for many years. He is still in practice in St. Cloud.
Theodore Bruener became judge of probate in 1887 and served for seven years. During Judge Bruener's term some very important cases were de- termined in his court and he proved himself a most competent judge.
Just prior to his election as judge of probate he had served two terms as county attorney and he resigned his judgeship to become register of the
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United States land office. Since leaving the land office he has been in active practice and is still so, being the senior member of the firm of Bruener & Ahles.
Judge Bruener had to fight for his office of county attorney after he was elected, as did J. D. Sullivan. When elected Mr. Bruener was only twen- ty-seven years old, and was persona non grata with the then chairman of the board of county commissioners. In order to bring the elections on even years, provision was made for holding three years instead of two and young Bruener presented for approval a bond for three years. The county board refused to recognize the bond for the reason that it covered three years. Mr. Bruener promptly obtained an alternative writ of mandamus to compel them to approve the bond. The statute provided for service on the chairman, which was done. F. E. Searle was retained by the board and asked for a dismissal on the ground that since a writ of mandamus was enforceable by contempt proceeding, there must be personal service on each member of the board. This contention was sustained, but Mr. Bruener, nothing daunted, proceeded to sue out a new writ, which was served on all the members of the board and resulted in his bond being duly approved as originally presented.
Following Judge Bruener, A. Barto served by appointment for the re- mainder of the former's term. Judge Barto had formerly lived in Sauk Centre and had been active and prominent in public affairs. He was at one time lieutenant governor and was also register of the land office.
Hubert Hansen succeeded Judge Barto in 1895. He was defeated by D. T. Calhoun in 1900, but was again elected in 1904 and served in all eight years. He was an excellent judge and is now in practice in St. Cloud, making a specialty of probate law.
It is no discredit to any of the men who have served as judge of probate to say that D. T. Calhoun was the strongest man who ever acted in that ca- pacity. He was the acknowledged leader of the bar of this county for a number of years and the following just tribute was paid him by George H. Reynolds in a published article in the 1907 Jubilee Number of the Journal Press :
"Without any desire to disparage the ability or standing of any of the present or past members of the bar of Stearns county, we are constrained to say that David T. Calhoun was the profoundest lawyer that does now or ever has practiced at the St. Cloud bar. His character was so many-sided, and his literary and legal attainments so diversified and numerous, it is almost impossible to give any idea of the man in a few words, no matter how well chosen they may be. Mr. Calhoun, or 'Cal.,' as his fellow-members of the bar were wont to call him, was in every field of thought explored by him, broad- gauged and liberal-minded. He was a voracious reader, not only of the books generally pertaining to his profession, but also an ardent student of the sciences, philosophy, religion and politics. Mr. Calhoun's studious habits along all lines of ancient and modern thought, and his profound knowledge of the principles of the common law, plus his technical knowledge of the law of evidence, gave him an equipment which specially fitted him for the field of advocacy, where his success was marked, and almost phenomenal. Mr. Cal-
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