USA > Minnesota > Renville County > The history of Renville County, Minnesota, Volume II > Part 66
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"Both the Wolff and Corey families are old and respected residents of this commu- nity and are numbered among our best people. Both are sorely tried by the ter- rible affliction that has come upon them and are deserving of heartfelt sympathy."
Appeals From District Court for Renville County .- The first appeal taken from the District Court for Renville County was Jewell vs. Weed et al. and is of special interest, due to its illustration of early conditions. At that time (1871) Renville had no permanent county seat and Beaver
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Falls had been designated as the tempo- rary seat of government. Certain enter- prising citizens of that community pro- cured the enactment of a statute authoriz- ing a bond issue of $2,000 to construct a county jail and designating Beaver Falls as the county seat. This same act pro- vided that the bond issue should be voted upon at the next town meeting upon no- tice from the county auditor. There were at the time thirteen township organiza- tions in the county. It appears that in order to procure the passage of the act and the subsequent bond issue the afore- said enterprising citizens of Beaver Falls kept all knowledge of their activity from reaching the western and northern por- tions of the county. Only two of the thir- teen townships were notified of the pro- posal to issue bonds at the next town elec- tion and as a consequence the issue was authorized and Beaver Falls became the permanent county seat. This action was brought by certain outlying taxpayers to declare the election null and void. claim- ing the enactment of the law and the bond election to have been fraudulently and se- cretively accomplished. The Supreme Court held that no matter how unfair the actions of the Beaver Falls citizens were they were not fraudulent because the election complied with the requirements of the statute and the court had no power to inquire into the motives of the legislature or the sponsors of the bill in obtaining its passage. This case is reported in 18 Minn. 247.
The next case appealed was Donahue vs. Ladd (31 Minn. 244) in 1883, relating to adverse claims in a lien on realty tried before Judge Webber. The Supreme Court sustained him in his findings. The attor- neys were C. H. Benton for appellant and Peck & Little for the respondent. This was followed by Van Meeter vs. Knight, 32 Minn. 205, relating to a mortgage fore- closure tried before Judge Webber in ISS4. The attorneys were Peck & Little and Crass, Hicks & Carlton. Judgment was at- firmed. In 1885 appeal was taken from the judgment of M. O. Little, Esquire, acting as referee in the case of Kellogg vs. S. N. Olson, 34 Minn. 103. The judgment was affirmed. The attorneys were Arctander & Quale; Stringer & Seymour.
In the next case at the same term the Supreme Court failed for the first time in the history of the county to entirely agree with the trial judge. The verdict of the jury was modified to the extent of allow- ing plaintiff items plainly due him and the court exercised its discretion and denied a new trial on condition that defendants' stipulate to allow the items referred to above. In this case, Ladd vs. Newell et al., 34 Minn. 107, the attorneys were C. H. Benton; Hart & Brewer.
After a lull of three years an appeal was taken in the case of German-American Bank of Hastings vs. White, 38 Minn. 471
(1888). The trial judge was Webber and the Supreme Court remanded the case for modification of judgment, striking out an allowance of $80 in damages claimed to be excessive. The attorneys were S. & O. Kipp; Stringer & Seymour.
No cases were appealed from this date to 1892, when Dean vs. County Commis- sioners, 50 Minn. 232, went up and was reversed and remanded. The attorneys were F. R. Allen, Thomas E. Boylan and R. T. Daly.
1895 the county commissioners brought suit against the Bank of Fairfax to recover a deposit of several thousand dollars. The plaintiffs won and the de- fendants appealed. Judgment was af- firmed. County Commissioners vs. Gray, 61 Minn. 242. The attorneys were H. W. Childs, George B. Edgerton and S. R. Miller; Mcclelland & Tifft.
The following year a very interesting case went up, involving a contest of the vote taken at a county seat removal elec- tion. It was proposed at the election to remove the county seat to Olivia from Beaver Falls. Those voting for removal numbered 2,219. those voting against re- moval numbered 1,780, and there were 68 votes that could not be read. The trial court in the case of Smith vs. Board of County Commissioners, 64 Minn. 16, held that the vote of removal, being over 55 per cent of the sum total of 1,780 and 2,219, the county seat should be removed to Olivia. The statute covering the matter required that 55 per cent of all votes cast on the question must favor removal or the question is lost. As a consequence the Supreme Court reversed the lower court and held that the 68 unintelligible votes should have been added to the two sums above mentioned, thereby bringing the percentage of favorable votes below 55 and the county seat remained at Beaver Falls. Attorneys for contestants were Thomas E. Boylan, John Lind and G. T. Christianson; for the county S. R. Miller, County Attorney George W. Somerville. Lyndon O. Smith and A. J. Volstead.
From this point on the affairs of litiga- tion in the county became much more fre- quent, several cases a year at times going to the Supreme Court. Following is given a brief outline of appealed cases up to the present time:
1896. Adamek vs. Plano Manufacturing Company, 64 Minn. 304. Judgment af- firmed. Attorneys, M. A. Spooner and S. A. Flaherty; McClelland & Tifft. 1896. State vs. Iago, 66 Minn. 231. Reversed and new trial granted. Attorneys, McClelland & Tifft and R. T Daly; H. W. Childs and George B. Edgerton. 1896. Ramsland vs. Roste, 66 Minn. 129, Judgment affirmed. Attorneys, R. T. Daly and C. A. Fosness; McClelland & Tifft. 1897. Holden vs. Great Western Elevator Company, 69 Minn. 527. Judgment athirmed. Attorneys, John A. Dalzell and Koon, Whelan & Ben-
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net: Baldwin & Patterson and E. E. Har- riott. 1898. Altman & Layton Company vs. O'Dowd, 73 Minn. 58. Judgment af- firmed in part. Attorneys, Charles G. Lay- bourn: R. T. Daly. This was the first ap- pealed case tried before Judge Powers. 1900. Bloemendal vs. Albrecht, 79 Minn. 304. Judgment affirmed. Attorneys, Ed. H. Huebner: J. M. Freeman. 1900. State ex rel. Brown vs. Butler et al., 81 Minn. 103. Judgment affirmed. Attorneys, Mc- ('Ielland & Tifft and Childs, Edgerton & Wickwire; A. V. Rieke. George W. Somer- ville and Lynson A. Smith. This was an- other election contest for removal of the county seat to Bird Island. Removal was lost. due to failure to give the required notice. 1901. Creamery Company Vs. Lanning, 83 Minn. 19. Judgment affirmed. Attorneys, Erick L. Winje: G. T. Christian- son. 1901. State ex rel. Olson vs. County Commissioners, 83 Minn. 65. Judgment af- firmed. Attorneys, Frank Clague and A. V. Rieke: Eric L. Winje. 1901. State vs. Larson, 83 Minn. 124. Judgment reversed. Attorneys, A. J. Volstead, E. L. Winje. Robert Jamison and Cobb & Wheelwright : A. V. Rieke, county attorney, and W. C. McDowell. 1901. Evenson vs. Keystone Company, 83 Minn. 164. Judgment af- hrmed. Attorneys, George S. Grimes; L. H. Schellbach and A. J. Volstead. 1901. Blume vs. Scheer, 83 Minn. 409. Judgment reversed. Attorneys. A. V. Rieke and Som- merville & Olson; Baldwin & Howard, John Dalzell and W. A. McDowell. The defendant had charged the plaintiff with having whipped her husband. resulting in his death. The plaintiff sued for defama- tion of her character and obtained a ver- dict for $550, which was erroneously re-
duced to $100 by the trial court. 1901. United States Investment Corporation vs. UIrickson, 84 Minn. 14. Judgment affirmed. Attorneys, George Cudhie and Olson & .Johnson; James D. Shearer. 1901. MIC- Ginty vs. Kelly, 85 Minn. 117. Dismissed, affirming action of District Court. Attor-
neys, S. R. Miller and F. C. Irwin; John J. Shoregge. 1902. Fort Dearborn Bank of Chicago vs. Security Bank of Renville, 87 Minn. 81. Judgment affirmed. Attorneys,
Daly & Barnard; A. J. Volstead and W. A. McDowell. 1903. Keystone Company vs.
Howe, 89 Minn. 256. Judgment affirmed. Attorneys, Daly & Barnard; George S. Grimes. 1903. Chairman Board of Health. Village of Buffalo Lake. vs. County Com- missions, 89 Minn. 402. Judgment affirmed. Attorneys, Frank Murray, county attor- ney; R. H. Mcclelland and (. M. Tifft. 1903. Barkey vs. Johnson, 90 Minn. 33. Judgment affirmed. Attorneys, J. J. Sho- regge and J. W. Willis. 1904. State ex rel. Olson vs. Leindecker. 91 Minn. 277. Judgment affirmed. Attorneys, B. H. Bow- ler: Daly & Barnard. 1904. Kubesh vs. Hanson, 93 Minn. 259. Judgment affirmed. Attorneys J. M. Freeman: J. J. Shoregge. 1904. Davis vs. Kuck, 93 Minn. 26. Judg-
ment affirmed. Attorneys, Bowers & How- ard; J. M. Freeman. 1904. Swenson vs. Village of Bird Island, 93 Minn. 336. Judg- ment reversed. Attorneys, W. M. Babcock; B. H. Bowler. 1905, State ex rel. Kellgen vs. McMahon, 94 Minn. 532. Judgment af- firmed. Attorneys Parsons & Bowler; Frank Murray and Thomas H. Quinn. 1905. Welsh vs. Brainerd. 95 Minn. 234. Judg- ment affirmed. Attorneys, John Lind and A. Ueland: John A. Dalzell and W. A. Mc- Dowell. 1905. Heins vs. County Commis- sioners, 96 Minn. 188. Judgment affirmed. Attorneys, Frank Murray, county attorney; Lyndon A. Smith and Lancaster & McGee. 1906. Loyd vs. Simons, 97 Minn. 315. . Judg- ment affirmed. Attorneys, F. R. Allen, A. B. Darelius and S. P. Child; John J. Mc- Hale and A. V. Rieke, 1906. Murphy vs. Renner, 99 Minn. 348. Judgment affirmed. Attorneys, John Lind. A. V. Rieke and W. A. McDowell; Daly & Barnard. 1907. Carl- son vs. Headline, 100 Minn. 327. Judgment affirmed. Attorneys, J. M. Freeman and Daly & Barnard: Parsons & Bowler. 1907. State ex rel. Matson, vs. Powers, 102 Minn. 509. Discharged in favor of Powers, .Judge, writ of mandamus. Attorneys, J. J. Shoregge: Daly & Barnard. 1908. Baum- gartner vs. Hodgdon, 105 Minn. 22. Judg- ment affirmed. Attorneys, Parsons & Bowler: Daly & Barnard and Frank Mur- ray. 1908. Bowler vs. Renville County, 105 Minn. 26, was tried in Hennepin county before Brooks, Judge. It was an action for an unpaid balance on a drain- age contract with the county. The bal- ance claimed was for extras put in at the direction of the county surveyor. The
court held that the county surveyor had no authority to bind the county for extras and that his acceptance of the completed work did not make the county liable for the extras incorporated at his direction. The judgment was affirmed by. the Su-
preme Court. Attorneys, W. M. Jerome and Parsons & Bowler; Frank Murray, county attorney, and J. M. Freeman. 1908. State vs. Mattson, 105 Minn. 63. Judgment affirmed. Attorneys, Edward T. Young. attorney general, Frank Murray and Barn-
ard & Daly; J. J. Shoregge. 1908. State vs. Mattson, 105 Minn. 164. Judgment af- firmed. Attorneys, Edward T. Young, at- torney general, Frank Murray and Barnard & Daly; J. J. Shoregge. 1908. Stevenson vs. Murphy, 106 Minn. 243. Judgment re- versed. Attorneys, J. M. Freeman; Bert O. Lee. 1909. Peavey vs. Greer et al., 108 Minn. 212. Remanded and judgment re- duced. Attorneys, A. V. Rieke and H. L. Hayden: C. T. Howard and Daly & Barn- ard. 1909. State vs. McGuire, 109 Minn. 88. Reversed, holding proceedings to
widen county ditch void without notice to adjoining and interested owners. Attor- neys, (. A. Fosness; Frank Murray, county attorney, and Daly & Barnard. 1910. Pott vs. Hanson, 109 Minn. 416. Judgment af- firmed. Attorneys, W. E. Dampier; Daly
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HISTORY OF RENVILLE COUNTY
& Barnard and N. L. Erickson. 1910. Op- pegard vs. County Commissioners, 110 Minn, 300. Judgment reversed. Attorneys, Daly & Barnard; Robert K. Stuart and J. M. Freeman. 1910. Snyder vs. Crescent Milling Company, 111 Minn. 235. Judg- ment affirmed. Attorneys, A. V. Rieke, A. V. Hamrum and Daly & Barnard; George F. Gage. 1910. Town of Martinsburg vs. Butler, 112 Minn. 1. Judgment affirmed in part. Attorneys, A. L. Young; J. M. Free- man. 1910. Renville County vs. City of Minneapolis, 112 Minn. 487. Tried before Holt, Judge, in Hennepin county. Attor- neys, Rieke & Hamrum and W. A. Mc- Dowell; Frank Healy and Clyde R. White for city of Minneapolis. 1911. State vs. McGuire, 113 Minn. 281, before Judge Quale. Judgment affirmed. Attorneys, L. D. Barnard; C. A. Fosness. 1911. Rich- ardson vs. Richardson, 114 Minn. 12. ludg- ment affirmed. Attorneys, Jolin A. Dalzell; Rieke & Hamrum and Daly & Barnard. 1911. Richardson VS. Richardson, 114 Minn. 516. Judgment affirmed. Attorneys, John A. Dalzell: Rieke & Hamrum. 1911. Friezen vs. Byers, 115 Minn. 540. Judg- ment affirmed, Attorneys, George F. Gage and J. F. Byers; J. M. Freeman. 1912. Haubrich vs. Haubrich, 118 Minn. 394. Judgment affirmed. Attorneys, L. E. Utley, C. A. Fosness and Alfred K. Fosness: Frank Murray, J. B. Baker, Lyndon A. Smith, C. L. Hilton and E. T. Young. 1913. State ex rel. Sagness vs. Hawk Creek Tele- phone Company, 120 Minn. 395. Judgment affirmed. Attorneys, Daly & Barnard; . 1. 31. Freeman. 1913. Oppegard vs. County Commissioners, 120 Minn. 443. Judgment affirmed. Attorneys, Daly & Barnard; J. M. Freeman. 1912. Parks vs. Byrne, 120 Minn. 519, Quayle. Judge. Judgment af- firmed. Attorneys, J. M. Freeman; Homer Morris. 1912. Parks vs. Byrne. 120 Minn. 519. Quayle, Judge. Judgment affirmed. Attorneys, J. M. Freeman; Homer Morris. 1912. Orth vs. Township of Norfolk, 120 Minn, 530. Judgment affirmed. Attorneys, J. M. Freeman; Mundy & Baker and John A. Dalzell. 1913. School District Hector vs. School District Renville. Judgment af- firmed. Attorneys, Rieke & Hamrum; O. A. Allen and J. M. Freeman. 1914. Hoff- man Motor Truck Company vs. John Erick- son et al., 124 Minn. 279. Judgment af- firmed. Attorneys, Daly & Barnard; F. W. Murphy and Thomas Kneeland. 1914. Pen- hall vs. Minnesota State Medical Associa- tion, 126 Minn. 323. Judgment reversed. Attorneys, John A. Dalzell and Daly & Barnard; Durment, Moore & Oppenheimer. In this case Dr. Penhall applied in the proper manner to the State Medical So- ciety for the assistance of its attorneys in defending a malpractice suit brought against him. This assistance was refused on the ground that the claim against the doctor accrued before the enactment of the by-laws obligating the association to furnish such defenses. Penhall, on his
own defense, lost to the claimant, and brought this action to recover expenses in- curred. The trial court sustained the con- tentions of the association, but was re- versed on appeal, the Supreme Court hold- ing in effect that time was not made an element in its offer of defense, hence the doctor should recover inasmuch as he had complied with the other requirements.
It appears from the record of cases ap- pealed from Renville county courts to the State Supreme Court that there have been 11 reversals and 49 affirmances. This in- dicates that the county in the past has been very fortunate in securing men pos- sessing a high order of judicial mind to fill the important office of district judge.
The late Gorham Powers, judge, had only seven cases reversed out of a total of forty-three appealed, which is a remark- able record, hardly equaled by any district judge sitting in the entire state, past or present.
Municipal Court .- The only municipal court in Renville county was established at Renville, when that village filed its charter for a city government with the register of deeds, Jan. 17, 1906. C. N. Mat- son was the first municipal judge, holding office from 1906 to 1910. Then there was a vacancy until 1913, when the present judge, R. K. Stuart, assumed office.
THE BAR.
In the early history of the county there were few practicing attorneys, consequent- ly the greater part of the law business went to attorneys located in earlier set- tled districts.
The county, however, has been well sup- plied with quality if not quantity of legal men of brains. Indeed, it has been just that superior quality of the few men that has kept the county somewhat short in the number of resident attorneys.
Buffalo Lake, a village of some 800 per- sons, has had but one attorney and he lived there only three months. This in- dicates either that the people of that place go to other towns in the county for legal advice or that they are of such congenial and law abiding dispositions as never to feel the need of such services.
The names of the following attorneys and law firms have appeared in briefs of cases appealed from Renville county. A majority of these attorneys never lived within the county :
O. A. Allen, J. B. Baker, L. D. Barnard, B. H. Bowler, G. T. Christianson. R. T. Daly, Daly & Barnard, John A. Dalzell, J. M. Freeman, George F. Gage, A. W. Hamrum, E. E. Harriott, S. R. Miller, Frank Murray. A. V. Rieke, Rieke & Ham- rum, John J. Shoregge, Robert K. Stuart.
F. R. Allen, Arctander & Quayle, W. M. Bab- cock, Baldwin & Howard, Baldwin & Pat- terson, (. H. Benton, Bowers & Howard, Thomas E. Boylan, J. F. Byers, S. R. Child, H. W. Childs, Childs, Edgerton & Wick-
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HISTORY OF RENVILLE COUNTY
wire, Frank Clague, Cobb & Wheelwright, Crass, Hicks & Carleton, George ('udhie, W. D. Dampier, A. B. Darelius, George B. Edgerton, N. L. Erickson, S. A. Flaherty, C. A. Fosness, Alfred Kx. Fosness, George S. Grimes. Hart & Brewer, H. L. Hayden, Frank Healy, C. L. Hilton, C. T. Howard, Ed. H. Huebner, F. C. Irwin, Robert Jami- son, W. M. Jerome, Koon, Whelan & Ben- nett, Lancaster & McGee, Charles G. Lay- burn, John Lind, Mcclelland & Tifft, R. H. Mcclelland, Bert O. Loe, W. A. McDowell. John J. McHale, Homer Morris, Mundy & Baker, Olsen & Johnson, Parsons & Bow- ler, Peck & Little, Thomas H. Quinn. James D. Schearer, L. H. Schellbach, Lyn- don A. Smith, George W. Somerville, Som- merville & Olson, M. A. Spooner, Stringer & Seymour, S. & O. Kipp, C. M. Tifft, A. Ueland, L. F. Utley. A. Volstead, Clyde R. White, J. W. Willis, Eric L. Winje, Edward T. Young and A. L. Young.
Among the attorneys who have had prac- tice within the county, two have been at- torney generals, one has been governor and others have been members of Congress.
Admissions to Practice .- The first law- yer admitted to practice within the county was P. H. Swift, on motion of Samuel Mc- Phail. Sept. 1. 1868. Hle had previously been admitted to practice in the Wiscon- sin courts. Subsequent admissions were: George H. Megquier. Sept. 6. 1870; William M. Cook, Sept. 8, 1870; M. E. Powell, Sept. 5, 1871; Moses Little, Sept. 6, 1871; David W. Thorp, Sept. 2, 1877; H. A. Libby, May 24, 1882; G. T. Christianson, May 24, 1882. In 1891 the law was changed and since that date no lawyers have been admitted by district courts. All admissions are now made on motion before the Superior court.
Among attorneys formerly residing and practicing in Renville county may be men- tioned: P. H. Swift, G. T. Christianson, George H. Megquier, William F. Schoregge. J. H. Bowers. A. V. Rieke, A. U. Hamrum, William C. White, John J. Shoregge, J. M. Dorman. E. L. Vinge, Bruce Brown, B. H. Bowler, E. E. Harriott, H. C. Giltner, D. D. Williams, Charles S. Kane, William C. White and Col. Samuel McPhail.
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The Present Bar. - Hector: O. A. Allen. Renville: Harold Baker, L. D. Barnard. Lawrence M. Carlson, Robert K. Stuart. Morton: John A. Dalzell, F. E. Sylvester. W. W. McGowan. Olivia: J. M. Freeman. George F. Gage, S. R. Miller, Charles N. Matson, M. J. Flaherty. Fairfax: Frank H. Hopkins, J. F. Russell. Bird Island: Frank Murray, James B. Baker.
Among the Renville county boys who have graduated from the St. Paul ('ollege of Law and the University of Minnesota, now engaged in practice outside of the county, may be mentioned: Rodney Han- son, 1914, Underwood. N. D .: Leslie H. Blacklock, 1914, St. Paul; Eugene S. George, 1915, Glenwood, Minn .; Frank Zima, 1916, Glenwood, Minn .: James Mc- Bride George. 1910, Winona, Minn.
Judicial Officers. - Lists of Renville county county attorneys, sheriffs, clerks of court and the like are found elsewhere in this work. The story of the important probate cases and justice cases are be- yond the scope of this work. Those which were of greatest importance reached the Supreme court, and under that head are duly noted earlier in this chapter.
BIOGRAPHY.
Burton H. Bowler was born at Nininger, Minn., November 7, 1871. His parents, Mr. and Mrs. J. M. Bowler, took him with them to their new home near the present site of Bird Island, Minn., early in the summer of 1873. He resided at Bird Island until August, 1904, with the exception of the years 1892 to 1896, spent at school in Minneapolis. Was graduated from the Bird Island public school in 1890. Taught school in Palmyra in 1890 and 1891. Worked in the office of the Renville County Union from September, 1891, to May, 1892. Taught school in Melville in fall of 1892. Attended the Central High School of Min- neapolis from December, 1892, to June, 1894, and the University of Minnesota from 1894 to 1896, when he was admitted to the bar. Practiced law at Bird Island from 1896 to 1904, when he moved to Min- neapolis, where he since has practiced. He married Abbie G. Walker, of Minne- apolis, in 1910. Mr. Bowler has not held or sougbt othce, but since boyhood has been actively interested in public matters. lle is a Baptist, a Mason, an active mem- ber of the Saturday Lunch Club of Minne- apolis. He serves on the State Board of the Minnesota Anti-Saloon League and the Children's Home Society of Minnesota.
Harold Baker was born in Madison, Wis., 1879. He attended the public schools of Stillwater, Minn., and the Normal school at Winona, Minn. At eighteen years of age he entered the Northwestern University. He is a graduate of the St. Cloud State Normal school and the law department of the University of Minnesota. In 1913 he came to Renville and engaged in practice as a lawyer.
G. T. Christianson was born near Deer- held, Wis., Nov. 3. 1885, and died in Minne- waukan, N. D., Jan. 29. 1910. He came with his parents to western Minnesota in 1862; studied law at lowa University, and was admitted to the bar in 1879; settled in Ren- ville, was county attorney for Renville County, 1883-89 and 1891-93; removed to Minnewaukan in 1901, when he was pres- ident of the First National Bank.
J. M. Dorman was born in Rockbridge county. Va., 1814: was admitted to practice in 1846, came to Minnesota in 1865, living in St. Peter, New Um and Beaver Falls; was elected county attorney from Beaver Falls in 1870 and served several terms; removed to the village of Renville in 1881.
H. C. Giltner was born in Tompkins county, New York. From 1843 to 1860 he
HISTORY OF RENVILLE COUNTY
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lived in Wisconsin and during a part of this time served as deputy United States marshal. Before the Civil war he came to McLeod county, this state, was admitted to practice and was elected county attorney. In 1880 he settled on a farm in Martins- burg township, this county.
A. U. Hamrum was born in Camp town- ship, this county, February 29, 1884, and here grew to manhood. He attended the public schools of his native town and of Fairfax, and in 1904 graduated from the high school at Le Sueur, Minn. For year he taught school in District 1, Ren- ville county. In June, 1908, he graduated from the College of Law at the University of Minnesota, was admitted to the bar, and iu September opened an office in Franklin. In 1909 he became associated with A. V. Rieke under the firm name of Rieke & Hamrum, at Fairfax. In July, 1912, the office of the firm was moved to the Metro- politan Life building, Minneapolis.
Charles L. Kane was born in Green Isle, Minn., in 1869 and after finishing school went to Fairfax, October, 1889, and started the publication of the "Fairfax Crescent," the first newspaper published at that place. He removed from Fairfax in May, 1891, to undertake the practice of law and was ad- mitted to the bar in 1896. He then re- turned to Fairfax to practice, remaining there until his removal to Benson in Swift county in 1899, which is his present loca- tion. He has been twice elected mayor of Benson and is enjoying a satisfactory and lucrative practice. He was married in 1911 and has two children.
William W. McGowan was at New York City, March 12, 1846. His par- ents were James McGowan and Louis A. (Anderson) McGowan. He came to Minne- sota September 20, 1861; served in Com- pany I, First Minnesota Mounted Rangers and Company H, Second Minnesota cav- alry; was clerk of the district court four terms, probate judge two terms and regis- trar of deeds one term and was admitted to the bar by examination November 22, 1911. He came to Beaver Falls September 20, 1870, and now resides at Morton.
born
Col. Samuel McPhail was born in Rus- sellville, Ky., May 2, 1828, and died near Taunton, Minn., March 6, 1902. He served in the Mexican war, later coming to Min- nesota, where he founded the town of Cale- donia and with David Carrothers laid out the town of Beaver Falls in 1866, selling his interest in 1867 to William C. Essler. He was admitted to the bar in 1867 and was one of the attorneys in the first case tried before the district court in the county. Some time after selling his inter- ests in Beaver Falls he removed to Red- wood Falls, a few miles across the river. He served in the early part of the Civil was as captain of scouts in Missouri and in the Sioux war of 1862-3 as colonel in the First Minnesota cavalry.
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