USA > Missouri > Centennial history of Missouri, vol. 2 > Part 9
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perspieuity, are perhaps the most polished rendered by any judge who has occupied a place on the supreme bench of Missouri in recent years. Ilis independence in refusing to lend his judicial sanetion to the spirit of repudiation of municipal obligations, with which many of the counties of Missouri had unwisely burdened themselves, was the most potent factor in preventing his renomination, and in depriving the state of the more extended services of one of its ablest and most accomplished jurists. What was, how- ever, a loss to the state was a gain to Judge Hough, for immediately after his retirement from the bench he removed to St. Louis, and since 1884 has en- joyed a large and luerative practice in this eity, where he has been identified with much of the most important litigation oeeupying the attention of the state and federal courts."
Following his death, in a memorial prepared by the supreme court of Missouri, it was said concerning his judicial record: "The opinions of Judge Hough are found in twenty-six volumes of the supreme court, 58 to 83, in- clusive. They rank high in judicial learning, in elearness and scholarly finish, and, as a rule, had the supreme merit of brevity. It would extend too much the limits of this memorial to view in detail these four hundred or more opin- ions contributed by Judge Hough during his term of office. The judicial in- dependence of Judge Hough and his firm stand in upholding the integrity of publie obligations, were shown in his eoneurring with Judge Napton in dis- senting from the judgment in Webb v. Lafayette County, 67 Mo. 353, which deelared invalid the bonds issued in aid of railroads under the Township Aid Act of 1868; also in his separate coneurring opinion in State ex rel. Woodson v. Brassfield, 67 Mo. 331 ; and also in State ex rel. Wilson v. Rainey, 74 Mo. 29, in concurring in the opinion of the court delivered by Judge Norton, uphold- ing the validity of the tax levied under a mandamus from the federal court for the payment of a judgment on county bonds which had been adjudged valid by the federal court but had been held invalid by the state courts. These cases and opinions recall the conflict, happily ended many years since, be- tween the state and federal courts in Missouri. His opinions in the Sharp and Johnston cases, 59 Mo. 557, 76 Mo. 660, are leading cases on the law of malicious prosecution ; and the law of disputed boundary established by long acquiescence, is lucidly declared in Turner v. Baker, 64 Mo. 218. The statute of limitation and the proof of ancient deeds, where title is based upon Spanish land titles, was set forth in an exhaustive and scholarly opinion in Smith v. Madison, 67 Mo. 694. Jurists have differed on the subject of dissenting opin- ions. Some think that the custom is more honored in the breach than in the observance; but it is true that dissenting opinions are at times a necessary feature in the development of the law through judicial precedent, which is the essential basis of our jurisprudence. The dissenting opinions of Judge Hough are not numerous; in fact, they are comparatively few; but it is interesting to recall that in several important eases these dissenting opinions have been deelared to be the law, even after his retirement from the bench. Thus, in Valle v. Obenhause, 62 Mo. 81, it was held by a majority of the court that where a husband during coverture is a tenant by the courtesy initiate, the statute of limitation begins to run against the wife from the disseizin; and her right of aetion is therefore barred if she fails to sue within twenty-four
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years after the disseizin. Judge Hough, in his dissenting opinion, contended that the statute of limitation did not begin to run against a married woman on account of disseizin of her fee simple lands until the determination of the tenaney of her husband by the courtesy initiate. Just before his retirement from the bench in 1884, in the case of Campbell v. Laclede Gas Light Company, 84 Mo. 352, three of the five judges concurred in declaring that his dissenting opinion in Valle v. Obenhause stated the correct view of the law; and after Judge Hough's retirement from the bench in 1886, in Dyer v. Witler, 89 Mo. 81. the case of Valle v. Obenhause was definitely overruled, and the view ex- pressed by Judge Hough in his dissenting opinion was adopted as the law of the court. In Noell v. Gaines, 68 Mo. 649, Judge Ilough dissented in a learned opinion from the ruling of the court that where a deed of trust provided that the two promissory notes secured thereby should both become due on the failure . to pay one, the demand and notice to an endorser, at the final maturity of the seeond note, came too late, as such demand should have been made immedi- ately upon the declaration that the notes were due for foreclosure. Judge Ilough insisted that the rule in relation to reading several co-temporaneous instruments together was not applicable to mortgages and notes secured thereby ;
and this view was adopted by the court several years after he left the bench in Owens v. MeKenzie, 133 Mo. 323, so that in this case his dissenting opinion again became the law of the state. In one of the last cases during his term, Abbott v. Kansas City, St. Joseph & Council Bluffs R. Co., 83 Mo. 71, Judge llough had the satisfaction of noting in his concurring opinion that the rule declared by him in his dissenting opinion in Shane v. K. C. St. J. & C. B. Ry. Co., 71 Mo. 237. that the rule of the common law and not the civil law, as to sur- face water should prevail in the state, had been adopted by the court and declared the law of the state."
In 1861 Judge Hough was married to Miss Nina E. Massey, daughter of Hon. Benjamin F. and Maria (Withers) Massey, the former then secretary of state of Missouri. The mother was born in Fauquier county, Virginia, and was a great granddaughter of Letitia Lee, daughter of Philip Lee, who was a grandson of Richard Lee, founder of the family in Virginia, where he settled in the reign of Charles I of England. Judge and Mrs. Ilough became parents of two sons and three daughters. Warwiek Massey, the eldest, is mentioned elsewhere in this work. Louis was graduated from the Missouri Medical Col- lege of St. Louis in 1891 and is now an eminent physician and surgeon. In the later years of his professional career Judge Hough had as his associate his son and namesake, the firm ranking with the foremost at the Missouri bar. In 1883 the University of Missouri conferred upon Judge Hough the degree of Doctor of Laws. He ever gave his politieal allegiance unfalteringly to the democratic party and fraternally he was well known in Masonie cireles, hav- ing taken the consistory degrees of the Scottish Rite. No more fitting tribute to the memory of this eminent jurist could be paid than that of the State Bar Association, which elosed with the words: "Memorializing this distinguished publie eareer of Judge Hough, we can only briefly allude to the exceptionally interesting personality of the man. Ilis dignified courtesy and native inde- pendence of character, with his wide range of reading and the unusual eom- bination of literary and scientifie taste, gave him a rare personal eharm; and
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his interesting and varied experience in life, and broad human sympathetic philosophy of life made him always welcome in cultured and refined circles, and endeared him to those who were privileged to enjoy an intimate associa- tion. Judge Hough was fortunate in preserving to the last the appreciative enjoyment of those literary and cultured tastes which had distinguished him through life. He was still more fortunate in having to the end of life the ministrations of the wife of his youth and of his children, and 'all that should accompany old age,-love, honor, obedience, and troops of friends.' As to the closing scene of the drama of this eventful life, we quote the eloquent words of Judge Hough in presenting in the United States court, a few years since, a memorial on a deceased brother of the bar: 'He has entered upon the im- penetrable mystery of the great Unknown, athwart whose vast expanse the feeble taper of earthly wisdom sheds no light, and in whose depths the plummet of the profoundest philosophy finds no resting-place, and in the contemplation of which, the anxious soul finds no consolation, or relief, save in the Rainbow of Hope, cast upon the sky of the future, by the Sun of Righteousness, shining through our tears.' "
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Warwick M. Bough
Warwick Alassey Dough
ARWICK MASSEY HOUGH, whose eonnection with some of W the most important eases tried in America has brought him national reputation as a lawyer, his position being that of one of the most eminent and honored members of the St. Louis bar, was born in Columbus, Mississippi, September 29, 1862, his parents being Judge Warwiek and Nina Elizabeth (Massey) Hough. The father, who was a distinguished jurist, passed away October 28, 1915, and is mentioned at length on another page of this work.
After pursuing his education in the public schools of Kansas City, Missouri, Warwick M. Hough continued his studies in the St. Louis University and in Central College at Fayette, Missouri, where he completed his academic course in 1883. Attracted to the profession to which his father devoted his life, the son began his law studies under his father's direction, thus continuing his reading from 1883 until 1886 and also gaining legal experience in the office of the clerk of the supreme court of Missouri, where he assisted in preparing opinions of the court for the official reporter. On the 1st of February, 1886, he won admission to the bar, being licensed to practice before the circuit court, and he at once entered upon professional work in St. Louis. His biographers, writing of him about eight years ago, said : "During the latter part of President Cleveland's first adminis- tration he was assistant United States district attorney for the eastern division of the eastern district of Missouri, Hon. Thomas P. Bashaw being at that time the district attorney. While serving in this capacity he was called upon to make a close study of the internal revenue laws of the United States and as a result he has since, while engaged in general practice, given special attention to litigation of all kinds growing out of the enforcement of the revenue laws and has achieved marked distinction in this line of professional work. Among his distinguishing characteristies as a practitioner have been absolute fearlessness in the discharge of his duty to his clients, painstaking effort in the preparation of his cases and prompt and vigorous action in cases requiring such action. As a trial lawyer he is conspicuous for the force, directness and elearness of his statements to both eourts and juries, and for his courteous demeanor under all circumstances. Es- pecially happy in presenting the strong points of his own ease and in exposing the weakness of an adversary's cause, he has shown himself the well rounded and well equipped lawyer in a practice which covers a wide and varied field." Dur- ing the past seven years, however, Mr. Hough has confined his attention exclu- sively to corporation, internal revenue and pure food laws and during President Taft's administration he was chief counselor in what was known as the Whiak case, which was one of national importance, in which Mr. Hough was associated with Mr. Choate, Senator Armstrong, Mr. Lucking and Lawrence Maxwell of
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Cincinnati, Ohio. Mr. Ilough also tried the largest libel case ever heard in the United States, brought against the American Medical Association. Four months were consumed in the trial of this case and the court costs and expenses incurred amounted to over two hundred and fifty thousand dollars. In both of these cases, which were of national interest, he was successful and thus heightened his fame as one of the leading lawyers of the country.
On the 22d of October, 1890, Mr. Hough was married at Waterloo, lowa, to Miss Elizabeth Gage, formerly of St. Louis, and a daughter of Charles and Mary S. Gage and granddaughter of Frances Dana Gage, of Ohio, who in her day was a well known and popular writer. Through her Mrs. Hough is also descended from Captain William Dana, who commanded a company of artillery at the battle of Bunker Hill and whose wife was Mary Bancroft. Mrs. Hough is prom- inent in the social circles of St. Louis, where she has many friends.
Politically Mr. Ilough is a democrat, but has taken comparatively little part in active political work, although in 1896 he entered the presidential campaign as the champion of bimetallism, free trade and the reserved rights of the states in opposition to centralization of power. During the period of the World war he was a member of the legal advisory board and active in support of all war move- ments. Fraternally he is connected with Occidental Lodge, A. F. & A. M. He is never found wanting when men are needed to champion a principle or to uphold national interests. Nothing that concerns the welfare of his fellowmen is foreign to him and the nature of his interests is indicated in his membership in the Citi- zens' Industrial Association, the Civic League, the Business Men's League of St. Louis, the Law Library Association and the St. Louis Bar Association, in the American Bar Association and in the American Academy of Political and Social Science. That the social element in his nature has not been neglected is also evi- deneed in the fact that he has membership in the Missouri Athletic Association, in the Racquet, Noonday, St. Louis, Country and Bellerive Clubs of St. Louis and in Chevy Chase of Washington, D. C. He enjoys the outdoor sports offered in hunting, fishing, motoring and golf and by reason of his literary tastes many of his happiest hours are spent in his library in association with the men of master minds of all ages.
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Chastreich
Charles S. Keith
HARLES S. KEITII, president and general manager of the C Central Coal & Coke Company of Kansas City, has through- out his business career been a thorough student of all prob- lems essential to intelligent management of his interests and thus is wisely and effectively directing the further develop- ment of the corporation of which he is now the head. This business was founded by his father, Richard Henry Keith, a pioneer merchant and man of affairs of Kansas City, who is mentioned else- where in this work.
Charles S. Keith is a native of Kansas City, his birth having here occurred on the 28th of January, 1873. He pursued his early education in the publie schools, while later he attended St. John's College and afterward Fordham University, from which he was graduated in 1891 with the Bachelor of Science degree. Ile then entered business circles as a representative of the Central Coal & Coke Company, of which he is now president. He assumed connection with the business in a minor capacity but has gradually worked his way up- ward, passing through all departments and thoroughly acquainting himself with every phase of the business. Eventually he has reached the presidency of this important corporation. His father established the business in 1871 by investing his entire capital of forty dollars in a little coal yard on Bluff street, at which time Kansas City handled about thirty carloads of coal daily. With the development of the business he organized the Central Coal & Coke Company, of which he became president, and opened various mines in Kansas and later in the coal fields of Arkansas. The company which he founded now owns eoal lands that produce four million tons of coal annually and is the largest enterprise of the kind in the southwest. Something of the remarkable growth of the business is indicated in the fact that at the time of the father's death employment was furnished to ten thousand men and the annual sales amounted to seven million dollars. One hundred and twenty thousand car- loads of eoal are utilized, taken from mines in Kansas, Missouri, Oklahoma, Arkansas and Wyoming, while retail yards are maintained at Wichita, Kan- sas, St. Joseph, Missouri, Omaha, Nebraska, and Salt Lake City, the product being shipped throughout the south and southwest. The company has not confined its attention alone to the coal trade, for with the reorganization un- der the name of the Central Coal & Coke Company in May, 1893, the company began the development of a lumber trade, which it had hitherto undertaken in a small way. A plant was acquired at Texarkana, Texas, and operations began in January, 1894, with the most modern machinery and equipment. There the manufacture of lumber was continued until the summer of 1902, when the plant was torn down and a removal made to Carson, Louisiana, to obtain a new
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source of timber supplies. Other sawmills were erected at Keith, Louisiana, on the line of the Kansas City Southern Railway, and at Conroe, Texas, on the International & Great Northern, and the Gulf Coast and Santa Fe Rail- roads.
Thus a business of mammoth proportions has been developed, of which Charles S. Keith is now the head. He has always displayed inflexible integrity in business circles, together with aggressiveness and thorough grasp of the more important problems. He is today widely known as a lumberman, man- ufacturer and coal operator and one who is capable of making a most keen and correct analysis of any business situation. In fact he has specialized in this department of business to a large degree and he has given a great deal of his time to voicing his views in an educational way to the lumber and coal industries throughout the country in the last few years, making speeches at various points in the interests of the lumber trade. In fact his services are in demand whenever the lumbermen are assembled together in convention. He is likewise a director of the Fidelity National Bank & Trust Company of Kan- sas City, a director of the Kansas City Light & Power Company, a director of the Southern Pine Association, of which he was formerly president, a director of the National Lumber Manufacturers Association and the vice president and a director of the National Manufacturers Association. With many important corporations and business enterprises he is identified as a director and stock- holder and his judgment constitutes one of the potent elements in the sne- cessful conduct of all business affairs of which he is a representative. He occu- pies a prominent position in connection with the Chamber of Commerce activ- ities and was president of the Chamber of Kansas City in 1914. He has also been a director and a member of the executive committee of the Chamber of Commerce of the United States of America for four years and was recently re- elected for an additional term of two years, representing the natural resource production in the Chamber.
On the 12th of June, 1900, Mr. Keith was married to Miss Lucile Hill, a daughter of William E. and Sallie (Scott) Hill, of Keithsville, Missouri. They have one son, Richard William, who is now attending the high school of Kansas City and will soon enter Yale.
Mr. Keith is very fond of horseback riding and takes great delight in agric- cultural interests, owning a valuable farm that is most scientifically cultivated. Ile belongs to the Kansas City Club, to the Kansas City Country Club, the Mission Hills Country Club, the University Club of Kansas City and to the Chicago Athletic Club. His religious faith is that of the Roman Catholic church. He takes great interest in civic and political matters which pertain to his home city and state and is active as well in national polities. In a word he is a broad-minded man whose vision is wide, whose understanding is keen and whose ideals and principles never permit him to choose the second best. In his relations with his fellowmen he is actuated by a broad humanitarian spirit that is manifest in helpful support of philanthropie and benevolent projects.
add.
Darbey Gilmer Mudd, A.D.
IIE standards of medical and surgical practice are being con- T stantly advanced and the able physician must ever keep abreast with the latest scientific researches and discoveries if his efforts reach the point of utmost efficiency in his chosen calling. Dr. Harvey Gilmer Mudd is one who has ever stood in the vanguard of professional progress and public opinion accords him the position of leadership in certain branches of professional activity. While for a third of a century he has been numbered among the physicians and surgeons of St. Louis, his reputation is by no means limited by the confines of the city or even of the state, his colleagues and con- temporaries throughout America bearing testimony to his professional eminence.
Dr. Mudd was born in St. Louis, August 29. 1857, his parents being Henry Thomas and Sarah Elizabeth (Hodgen) Mudd, who were natives of Larue county, Kentucky. The father, who was for many years engaged in the real estate business in St. Louis, passed away in 1903. The ancestry of the family is traced back to Poland, from which country representatives of the name were foreed to flee on account of political disturbances. For some generations the family was represented in Wales and the original American ancestor came to the new world with Lord Baltimore. Maryland continued to be the place of residence for the family for a number of years, after which a removal was made to Kentucky and the maternal aneestors of Dr. Mudd became residents of that state on removal from Virginia.
In his early boyhood Harvey Gilmer Mudd was a pupil in the public schools of Kirkwood, Missouri, and afterward attended the St. Lonis high school, being numbered among its alumni of 1876. A review of the broad field of business determined him to enter upon a professional career and he beeame a student in the St. Louis Medical College, a department of Washington University, from which he was graduated with the elass of 1881. Four years were then devoted to private practice, after which he went abroad for further study, acquainting himself with the methods of the leading physicians and surgeons of Berlin, Vienna, Paris, London and Edinburgh between the years 1885 and 1887. He has ever been a most close and discriminating student of his profession and his private researches and investigations have been carried far and wide into the realms of scientific knowledge. He has always enjoyed a most extensive pri- vate practice and he is not unknown in educational eireles, being elinical pro- fessor of surgery in the medical department of Washington University. He is also a member of the board of directors and the chief of the medical staff of St. Luke's Hospital and is consulting surgeon and member of the board of directors of the Barnard Free Skin and Caneer Hospital. His knowledge of all departments of the medical science is comprehensive and exact and he has ever
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Darvey Gilmer Mudo, M. D.
kept in touch with the advanced thought and high purposes of the profession through his connection with the St. Louis Medical Society, the St. Louis Surgical Society, the City Hospital Alumni Medical Society, the American Medical Asso- ciation and the American Association of Genito-Urinary Surgeons, the last named organization having honored him with the presidency. He is vice president of the American Surgical Association and belongs to the International Surgical Association and to the International Association of Urology.
On the 20th of January, 1892, in St. Louis, was celebrated the marriage of Dr. Mudd and Miss Margaret de la Plaux Clark, and they have one son, Stuart Mudd, who was graduated from the medical department of Harvard University at Cambridge in June, 1920. While a student there he won the Boylston prize of Harvard University, given each year for the most meritorious essay submitted on medical research work. In addition to the honor a cash prize of two hundred dollars was included. This was the first time that such an award was made to an undergraduate. The essay was written as a result of experiments conducted by young Mudd to determine the effects of cold and chills on colds, sore throat and their accompanying ailments.
The military service of Dr. Mudd covers two years connection as major and surgeon with the First Regiment of the Missouri National Guard and through the period of the World war he was a major of the Medical Reserve Corps and was also chairman of the Missouri State Commission of National Defense Medical Section, thus doing much to mobilize the professional force of the state for the interests of the war. His political endorsement has always been given to the republican party and his appreciation of the social amenities of life is indicated in his membership in the St. Louis Club, University Club, St. Louis Country Club, Glen Echo Club, Florissant Valley Club and Sunset Hill Club and the Army and Navy Club of Washington, D. C. He turns to golf and shooting for recreation but has comparatively little leisure time owing to the extensive de- mands made upon him for professional service. Advancing step by step, he occupies an eminent position in professional ranks and is most conscientious in the discharge of every professional duty.
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