History of Stearns County, Minnesota, Volume I, Part 70

Author: Mitchell, William Bell, 1843-
Publication date: 1915
Publisher: Chicago : H. S. Cooper
Number of Pages: 964

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MYRON D. TAYLOR

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of Dr. Shepard Clarke, of Hubbardston, Mass. She died in St. Cloud, June 27, 1909. Their elder son, John Chester, died in November, 1887. The younger son, Clarke, lives in St. Cloud.

Myron D. Taylor. The problem of how to enable the court of last resort to handle the increasing volume of litigation is a difficult one. One of the means taken by the state of Minnesota to facilitate the handling of cases before its Supreme court was to authorize that court to appoint two Supreme Court Commissioners, to assist them in the performance of their duties, thus, in effect, adding two additional members to the court. To Stearns county came one of these new seats unexpected and unsolicited. Busy with his judi- cial duties on the district bench, Judge Myron D. Taylor was not even aware of the introduction of the legislative act until he learned of its passage, and a few hours later he was informed by Chief Justice C. L. Brown that he had received one of the two new appointments. When the news became known, a St. Cloud newspaper said: "This is an appointment eminently fit to be made. Judge Taylor, during his term upon the district bench, has made an excellent record. His decisions have been uniformly able and sound, and seldom reversed by the higher tribunal. He has essentially a judicial mind, and his presence upon the Supreme Bench will add to its strength." Commis- sioner Taylor assumed his new duties, April 1, 1913.

Myron D. Taylor was born in Byron, Oxford county, Maine, December 30, 1855, son of Morvalden A. and Sarah J. (Bernard) Taylor. He was less than three years old when his parents brought him to Minnesota in 1858. They located at Albion, in Wright county. In 1862, the family moved to Melrose. Myron D. received the education that the district schools afforded, and later entered the University of Minnesota, from which he graduated in 1878. Then he became principal of the schools at Henderson, Minn., for two years. While engaged in school work he studied law in the offices of S. and O. Kipp, there being at that time no law schools in Minnesota. Early in 1881 he was admitted to the bar, and came to St. Cloud. During his practice here he had as partners, Oscar Taylor, D. T. Calhoun and James E. Jenks. He was city attorney for twelve years and register of the land office at St. Cloud for eight years. He was a member of the Republican State Central Committee in 1888. Elected in November, 1906, to take office on January 1, 1907, Judge Taylor commenced service as district judge one month earlier by appoint- ment from Gov. John A. Johnson, Judge Searle being ill, and the local at- torneys having expressed their desire for the appointment of Judge Taylor. He was re-elected, but had served only three months of the six year term when he took his place on the Supreme Court bench. Judge Taylor belongs to the Blue Lodge, Chapter, Commandery and Shrine of the Masons, and to the Elks, the Modern Woodmen and the Knights of Pythias. Myron D. Taylor married Anna Frank, a native of Neusalz, Province of Silesia, Germany. They have two children, Zama and Louise.

Morvalden A. Taylor was born at Roxbury, Maine, April 13, 1830, came to Minnesota in 1857, brought his family the following year and located at Albion, in Wright county, where he resided until the winter of 1861-62 when he settled upon a homestead in the town of Melrose, Stearns county. At

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the Indian outbreak he joined the company organized at Sauk Centre for mu- tual protection. Then he removed his family to Anoka, joined them there later, and resided there for about two years, when he returned to the homestead. Then he assisted in organizing the first school district and in building the first school house in that locality, also in organizing the town of Melrose of which he was one of the officers from its organization until he removed from the county. He was a member of the legislature in 1875. Upon leaving Stearns county he removed to Clifton, Wisconsin, where he resided for about five years. Then after a short residence in Minneapolis he removed to Den- ver, Colorado, and a few years later to Monterey, California. In 1892, he and his wife, Sarah J. (Bernard) Taylor, visited the old home in Maine. On their return to California they stopped for a visit in Minnesota where his wife died and was buried in North Star Cemetery at St. Cloud. Mr. Taylor then returned to California and soon thereafter removed to Gridley in that state where he resided until 1907 when he took up his home with his son in St. Cloud. The following spring, however, he returned to his old home in Maine where he still resides.

John A. Roeser, jurist, is the first native of Stearns county to rise to the dignity of the district bench in Minnesota, and the first native Minnesotan to preside over the court of the Seventh Judicial District. John A. Roeser was born in St. Augusta, this county, January 28, 1867, son of Nicholas and Margaret (Kraus) Roeser, the former a native of Luxemburg, and the latter of Wisconsin. John A. attended the district schools, and later took the full course at the St. Cloud State Normal School. Then he taught in the rural districts for seven years. In the nineties he began the study of law with George H. Reynolds, and was admitted to the bar in March, 1898. He prac- ticed with his preceptor until the latter's death, August 17, 1910, since which time he has been alone. In March, 1913, just fifteen years after he was ad- mitted to the bar, he was, upon the unanimous recommendation of the bar of St. Cloud, appointed to the vacancy on the district bench, his term of office to expire at the close of 1914. At the time of his appointment it was said that Judge Roeser was the most profound scholar and student in the legal profession in Stearns county. He has been an officer rather than a trial lawyer, and took his seat on the bench well qualified to maintain the honored tra- ditions of the position. Judge Roeser is a member of the Bar Association, the Elks, the Knights of Columbus, the Modern Woodmen and the Modern Samaritans. John A. Roeser was married November 4, 1894, to Mary Thomey, and they have two sons, Arnold N. and Waldemar C.

George Warren Stewart. The life of the subject of this brief sketch constitutes one of those stories of success under adverse circumstances which demonstrate the sturdiness of American manhood, and form an inspiration to those of the younger generation who are less fortunately placed than their fellows,-the story of a boy who at ten years of age was left without a father, who labored to support his mother at an age when most boys are scarcely more than infants, and who at the age of fifty had become a distinguished lawyer, an able official in educational matters, a man whose spotless character made his friends better, and an estimable advisor whose services were sought

JOHN A. ROESER

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HISTORY OF STEARNS COUNTY

through the state in legal matters and in the administration of some of the affairs of the commonwealth.

George Warren Stewart was born at Bellevue, Morrison county, Minne- sota, June 18, 1859, son of Joseph and Joanna H. (Hill) Stewart. Joseph Stewart was a true pioneer. In 1853 he left his home in Prince Edward's Island, Canada, and finding his way into what was then the wild country of the upper Mississippi river, he located in Bellevue, and for the next ten years engaged in farming and in lumbering, meeting with many thrilling adven- tures, and laying the foundations for modern civilization. In 1863 he heard the call of his adopted country, and enlisted in the Union army. He went south with the Seventh Minnesota, Volunteer Infantry, and gave his life for his country, dying of smallpox at St. Louis, Mo. He was of Scotch blood, having been born in Greenock, Scotland. His good wife came of American Colonial stock, her parents having moved from Maine to New Brunswick, Canada, where she was born. George Warren Stewart, left fatherless at the age of ten, helped his mother, and made his way in life as best he could. When circumstances permitted he attended the district schools. Possessed of great energy and determination, willing to work hard for what he obtained, he was finally enabled to enter the St. Cloud State Normal School, and there he completed the advanced academic course. Inspired by his reading, and determined to emulate some of the heroes whose achievements had fired his youthful imagination, he entered the law offices of Taylor & Taylor at St. Cloud. His ambition was realized December 14, 1882, when, having passed the examination with honors, he was admitted to the bar. He tried and won his first case the following January. From that time until his death which occurred October 8, 1911, he practiced his profession to a highly successful degree. He was the junior member of the law firm of Taylor & Stewart until he entered the office of Judge D. B. Searle. In November, 1887, when Judge Searle went on the bench, Mr. Stewart formed with George H. Reynolds, a partnership which continued for three years. From January 1, 1891, he practiced by himself until 1900 when the law firm of Stewart & Brower was formed. Mr. Stewart was a Republican and took an active interest in the affairs of St. Cloud. He was a member of the State Reformatory Board until that board was abolished. He was also a member of the board of governors of the Minnesota State Bar Association. For nineteen years he was a member of the St. Cloud Board of Education, and during that time held every office on the board, such as president, treasurer, secretary, and committee chairman. He was for six years a member of the city council, and for one term sat as president of that body. From 1898 to 1901 he was city attorney of St. Cloud. Mr. Stewart attained the position he held in life entirely through his own efforts, and it can be truthfully said of him that he was a great lawyer. A life such as his is a potent influence in any community, and its memory is a treasure to be cherished. George Warren Stewart will long be remembered by the citizens of St. Cloud, as a man who served well his day and his genera- tion, one who was held in honor and esteem, and who left a name without spot or blemish. Mr. Stewart was married, August 23, 1888, to Mary L. Huntsman, and there are two sons, Warren H. and Donald.

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HISTORY OF STEARNS COUNTY

David T. Calhoun. Descended from a line of pulpit orators, the son of a noted clergyman, and the grandson of one of Minnesota's devout mission- aries to the Indians, it was inevitable that David T. Calhoun should be de- signed for one of the learned professions. He chose the bar, and for a quarter of a century his voice was heard in the courts pleading the causes which he believed to be just and right. In all the relations and duties of life, he aimed at what was true, pure and good and his dignified character and fra- ternal spirit made him generally beloved by all his associates. His intellectual gifts, liberal culture and great learning made him a prominent member of the bar of the state. Mr. Calhoun was all his life a voracious reader, not only of books pertaining to this profession, but also of books of general literature and he brought to his profession a thoroughly cultivated mind. On account of his intellectual attainments, nobility of character, profound judgment, and keen and highly developed sense of humor, his companions and friends rec- ognized his leadership while living, and the irreparable loss of his death. David T. Calhoun, sixteenth Worshipful Master of North Star Lodge, No. 23, St. Cloud, was born at Pikesville, Tenn., June 22, 1853. At the age of four years he came with his parents to St. Cloud, where he spent his young boy- hood. In 1864 the family moved to Iowa, and in 1870 to Pierce City, Mis- souri. David T. attended the public schools, took courses at McGee College, North Missouri, and graduated from Cumberland University, at Lebanon, Tenn., being admitted to the bar in 1874. Thus equipped, the young lawyer opened an office in Pierce City, Missouri. But his thoughts turned towards the county where his boyhood had been spent. Consequently he returned to Stearns county in 1877 and located at Sauk Centre, where he practiced his profession until 1879, when he moved to St. Cloud, and entered into partner- ship with Captain Oscar Taylor. In 1881 he went to Little Falls, Morrison county, and practiced in partnership with A. F. Story. While there he be- came county attorney of Morrison county. In 1884 he once more returned to St. Cloud, and in 1885 formed a partnership with M. D. Taylor, the two gentlemen continuing to practice together for a little over half a decade. In 1886 he was elected county attorney for Stearns county. In 1887-89 he was mayor of St. Cloud, and for a time was a member of the board of edu- cation. In 1890 he was a Democratic nominee for the office of attorney gen- eral, but was defeated by a small majority, by Moses E. Clapp. He was judge of probate for four years. In 1895, Mr. Calhoun entered into partnership with James R. Bennett, Jr. Mr. Calhoun died October 19, 1906, after a useful life, well spent. With all his busy life he found time for fraternal association, and was a member of the Elks, the Masons, the Royal Arcanum, and the Old Settlers Association, as well as of the Bar Association. He was especially enthusiastic as a Mason, serving his lodge with conspicuous ability. A perfect ritualist, he presided with grace, dignity and great efficiency, and under his watchful care the lodge attained a high state of perfection. Mr. Calhoun was an initiate of North Star Lodge, No. 23, raised June 4, 1881. He with- drew January 9, 1882, and affiliated with Little Falls Lodge, No. 140, of Little Falls, Minn. On February 13, 1893, he again affiliated with North Star Lodge, No. 23. He became prominent in Chapter and Commandery Masonry. He was

DAVID THOMAS CALHOUN

JAMES E. JENKS

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HISTORY OF STEARNS COUNTY

appointed Grand Orator of the Grand Lodge of Minnesota, in 1900, and at the annual communication of the Grand Lodge held in St. Paul in 1901 he delivered an oration which commanded the closest attention of all present and was highly commended.

Mr. Calhoun was married June 29, 1886, at Mobile, Alabama, to Lida B. Toomer, a native of that place, daughter of Benjamin and Lucinda (Huddles- ton) Toomer. There are two children, Robert L. and Thomas Edward. Robert L. was born December 30, 1896, and is now studying theology at Carle- ton College, at Northfield, Minn. Thomas Edward was born June 1, 1900, and attends the St. Cloud schools.

Rev. David Lowry, grandfather of David T. Calhoun, was a Presbyterian missionary minister among the Winnebago Indians in this locality in the early fifties. It was his son, General S. B. Lowry, who was the Indian trader, who established the trading post called Winnebago, in what is now the township of Brockway.

Rev. Thomas P. Calhoun was also a clergyman, and his wife, while they were stationed at Prairie du Chien, Wis., was a teacher to the Indians. He met with a tragic end, being killed in crossing the ravine in St. Cloud. He and his wife were driving in a sleigh, and there was but little snow on the bridge. For some reason, possibly the breaking of a part of the harness, the horse gave a sudden start, the sleigh collided with the railing and Mr. Calhoun was thrown to instant death in the ravine. His wife received in- juries from which she never fully recovered.

Benjamin Toomer was born in Charleston, South Carolina, September 22, 1805, son of Joshua Toomer. The Toomers came from Wales in 1693, settled in Charleston, S. C., and became interested in cotton plantations. Ben- jamin Toomer received a thorough education in Charleston. As a young man he moved to Mobile, Alabama, where he became a successful cotton broker. He died there at the age of eighty-four years. It is worthy of note that on the Georgetown road, ten miles from Mt. Pleasant, opposite Charleston, South Carolina, stands the old Toomer residence built in 1742. On the same road, seven miles away, is the famous Trapaton church, built in Colonial days, about which are buried members of the Toomer family dating back to the founder of the American branch of the clan. Henry Toomer, a brother of Joshua Toomer and uncle of Benjamin Toomer, was a major in the Revolutionary war under General Marion. Benjamin Toomer married, May 2, 1833, Lucinda Williams Huddleston, who was born May 8, 1814, and died December 23, 1904. The Huddlestons came from Yorkshire, England, in 1748, and became identified with the business life of Georgia. The family is noted for the lon- gevity of its members. Elizabeth Huddleston, mother of Lucinda W. Huddles- ton Toomer, lived to be ninety-six years old, and saw her great-great grand- son, Edward T. Toomer, the oldest son in a family of nine of which Mrs. Robert T. Calhoun, of St. Cloud, was the youngest.

James E. Jenks, of the firm of Jenks & Quigley, St. Cloud lawyers, was born in Clearwater, in Wright county, this state, August 9, 1871, son of James and Sarah E. (Noyes) Jenks, pioneers. James Jenks, the father, was born in

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HISTORY OF STEARNS COUNTY

Cumberland county, Nova Scotia, and was there reared. In 1856 he and his wife came west and located at St. Anthony Falls, in this state. From there they moved to Fair Haven where he was postmaster for a time and thence to Maine Prairie in this county. There in the old log fort of which he super- intended the building they underwent the terrors of the Indian uprising. After the Civil War they moved to Clearwater, where they lived till 1889 when they came to St. Cloud. James Jenks died in St. Cloud in July, 1903. His wife died in 1895. James E. lived on the home farm until fifteen years of age when he came to St. Cloud to school. He received his common and aca- demic education in the public schools of Clearwater, the St. Cloud State Normal School, and Carleton College at Northfield, Minn. He taught for two years and then went to Washington, D. C., where he received his law degree from Columbian in 1897. In 1898 he began the practice of law in St. Cloud in the office of Myron D. Taylor with whom he was associated under the firm name of Taylor & Jenks until Mr. Taylor became District judge in 1906. From 1906 until June, 1913, Mr. Jenks practiced alone. On June 16, 1913, he formed a partnership with James J. Quigley who came to the new firm from the legal department of the Great Northern Railroad at St. Paul. Mr. Jenks is a good lawyer and a public-spirited and useful citizen. He has served as a member of the school board and has been active in the work of the Commercial Club for a bigger and better St. Cloud. He is at this writing secretary of the Charter Commission and city attorney of St. Cloud.

Mr. Jenks was instrumental in organizing and is the president of the League of Minnesota Municipalities, an organization affiliated with the Ex- tension Division of the University, and aiming toward greater economy and efficiency in municipal administration throughout the state. He is also a member of the governing board of the State Automobile Association and has been for twelve years a member of the State Board of Law Examiners. As a member of this board he has successfully prosecuted a number of disbarment cases before the Supreme court, which have resulted in weeding out some of the unconscionable practitioners of the law.

Fraternally he is a member and past master of North Star Lodge, No. 23, A. F. & A. M., and a member of St. Cloud Lodge, No. 516, B. P. O. E.

Mr. Jenks was married, June 13, 1900, to Marion S. Shaw, daughter of 0. W. and Sarah (Rollins) Shaw, of Austin, Minn.

James McGown McKelvy was born in Wilkensburg, near Pittsburg, Penn., April 19, 1835, son of James and Rosanna (Swisshelm) McKelvy, the former of Scotch-Irish and the latter of German blood. His early life was spent on his father's farm in Wilkensburg. He attended such schools as the neigh- borhood at that time afforded, and with the aid of private instruction he was enabled to enter the Allegheny College at Meadville, Penn., in 1850. He was graduated with honors at the head of his class in 1854, and was awarded the distinction of preparing the Latin essay of that year. During his vacations he had studied law in the office of E. M. Marshall, of Pittsburg. In 1856 he was graduated from the Albany Law School, at Albany, New York. In 1857 he came to Minnesota, and settled in St. Cloud, where he began at once the practice of his profession. In 1858 he was elected prosecuting attorney of

ـد

THEODORE BRUENER

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HISTORY OF STEARNS COUNTY

Stearns county, and filled that position until he went on the bench, with the exception of the time he was in the Civil War. On April 14, 1861, he was married to Margaret Garlington, of St. Cloud. In July, 1862, he enlisted in Company I, Seventh Volunteer Infantry, and entered the service as first lieutenant of that company. Later he was promoted to the position of cap- tain. He was wounded at the Battle of Nashville, December 16, 1864, and after being confined to the hospital until March, 1865, he resigned his com- mission and returned to St. Cloud, where he resumed the practice of law. In May, 1865, he was reinstated as county attorney. On August 1, 1866, he was appointed first judge of the Seventh Judicial District by Governor Wil- liam R. Marshall. He was elected to the position several months later, and served by re-election until April 19, 1883, when he resigned by reason of ill health and was succeeded by L. M. Collins. After he retired he attended to such private practice as his health would permit. Though not a strong parti- san, Judge McKelvy voted the Republican ticket. He was one of the most popular men in the county, and it was said that he could have been elected to any office within the gift of the people of Stearns county. He died July 31, 1884.

Paul Ahles. Among those who are taking an important part in the mod- ern progress of Stearns county, there is an active, energetic group of young men who are distinctively products of the county, born, reared and educated here. The sons of pioneers who have helped to make the county, these young men have a deep appreciation of local conditions, and an inbred loyalty which gives them a keen insight into present needs and future possibilities. In this group is the county official about whom this brief mention is made.

Paul Ahles, county attorney, was born at Rockville, this county, May 26, 1872, son of John and Lucy (Bauer) Ahles. He was reared on the home farm, and attended the district schools until sixteen years of age. By home study and wide reading he prepared for the teaching profession, and presided over rural schools in various districts for some fifteen years. His ability won recognition, and he was made county superintendent of schools, a position he occupied for eight years. After having taught for a number of years he was enabled to once more become a student, and in 1901 he graduated with honors from the St. Cloud State Normal School. For some years he took the correspondence course in law with the Sprague School, of Detroit, Michi- gan, and supplemented this with studies in the law office of Theodore Bruener. He was admitted to the bar in 1910, and on January 1, 1911, became a partner in the firm of which he was a member for two years. He was elected county attorney in 1912, and is giving excellent service in that position. Mr. Ahles is district deputy for the Knights of Columbus, a member of the Catholic Order of Foresters, and a member of the State Federation of Catholic Clubs. Mr. Ahles married Marie A. Bruener, daughter of Theodore and Mary (Kuntz) Bruener, and they have two children, Louise Marie and Wilfred Theodore.

Theodore Bruener. The years immediately following the Centennial cele- bration, have often been designated as the halcyon period of the St. Cloud bar. The lawyers then practicing here, or who soon afterward located here, constitute a distinguished body, and bore names that became well known in

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HISTORY OF STEARNS COUNTY

the courts of the county, the state, and even the nation. They were lawyers of the old type, the family friends who settled many a difficult matter out of court, and who brought to their practice not only a kindly human charity, and an acute legal mind, but also a broad culture, and a wide acquaintance with an extensive range of literature and seience. The names of these men are readily reealled. Among them may be mentioned the one whose name heads this sketch, now the second oldest lawyer practicing before the Stearns county bar.

Theodore Bruener was born in Recklinghausen, Westfalen, Germany, April 11, 1856, son of Bernard and Annie (Fischer) Bruener. He came to America in the spring of 1874, and after a short stay in Illinois became pro- fessor at the Normal School in St. Francis, Milwaukee county, Wisconsin. In 1877 he entered the University of Michigan, at Ann Arbor, and was grad- uated from the law course there in 1879. He opened an office in Milwaukee, but a few months later determined to seek the wider opportunities that opened in St. Cloud. Sinee that time, with intervals of public office holding, he has been in continuous practice here. After a few weeks he became associated with Judge L. D. Collins, and remained with him until 1882. Then he prac- ticed alone. January 1, 1910, his son-in-law, Paul Ahles, became his partner, which partnership continued until January 1, 1913. Judge Bruener has been judge of probate for eight years, county attorney three years and register of the United States Land Office for four and a half years. He is president of the Bar Association. Theodore Bruener was married August 12, 1880, to Mary Kuntz, a native of Milwaukee. They have seven children: Marie A., Theodore B., Clara, Louise, Albert, Celia and Rosa. Marie A. is the wife of Paul Ahles, and they have two children, Louise and Wilfred. Theodore B. married Caroline Stewart and lives at Aberdeen, Washington. Louise is the wife of William J. Seifert, of Oakes, N. D.

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History of Stearns County, Minnesota, Volume I, Part 70

Author: Mitchell, William Bell, 1843- Publication date: 1915 Publisher: Chicago : H. S. Cooper Number of Pages: 964

Author: Mitchell, William Bell, 1843-
Publication date: 1915
Publisher: Chicago : H. S. Cooper
Number of Pages: 964