The history of the bench and bar of Missouri : With reminiscences of the prominent lawyers of the past, and a record of the law's leaders of the present, Part 21

Author: Stewart, A. J. D., editor. cn
Publication date: 1898
Publisher: St. Louis, Mo. : The Legal publishing company
Number of Pages: 1330


USA > Missouri > The history of the bench and bar of Missouri : With reminiscences of the prominent lawyers of the past, and a record of the law's leaders of the present > Part 21


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The upheaval of the great war left few things unchanged, and his service as a soldier having interrupted his practice at Salemi, on his discharge, Captain Bland did not attempt to revive his old practice there, but located instead at Rolla, in Phelps County. He prac- ticed alone until 1866, when his brother, Richard Parks Bland ("Silver Dick"), came to Rolla and entered practice with him. Richard Parks, however, remained at Rolla only about cightcen months, removing thence to Lebanon, and this practically dissolved the partnership. Judge Bland remained at Rolla, continuing practice alone until 1880, when he was elected Judge of that circuit. He was re-elected in 1886 and again in 1892, but before the expiration of the last term he resigned, December, 1896, to accept the Judge- ship of the St. Louis Court of Appeals, to which he was elected as a Democrat in the pre- ceding November.


In studying the lives of those who have attained success and have been the recipients of honors at the hands of their fellow-men, we are led to inquire into the factors that have contributed to that success, as well as those personal characteristics which make the man worthy of recognition by the public. Success is nearly always attained by a process of evolution. The operation of this law is always slow, and fewer men than is supposed risc to a position of cminence by reason of accident or suddenly discovered and scintillant bril- liancy. In Judge Bland is found a man time-tested and occupying the place lie does solely


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because of merit. He has been proved worthy of every honor accorded him and every dignity conferred on him has been deserved, because earned by sterling ability and worth. His is one of those rugged, genial and open characters of which a strict and exact honesty is the dominant quality. Such incorruptible honesty is the first requisite of the aspirant to the bench, and when this is coupled with a deep knowledge of the science of the law, and a well balanced inind, naturally disposed to assume in every situation the impartial or "judicial attitude," the bench is given a Judge well-nigh ideal. Those who know him will recognize at once Judge Bland's fitness for the bench, as measured by such tests. There is little of sternness in his character, and yet no one better than he can maintain the dignity of the court. He is a man of great decisiveness, and like all men of robust and well-defined characteristics, is endowed witli exceptional will power. His kindliness of demeanor and the fact that it is apparent to the most casual observer that by no adversity of fate or unmerited misfortune could he be changed to a misanthropic or sour pessimist, may be held as the elements on which are founded the high esteem and friendship in which he is held by hundreds of his fellow-citizens. His great popularity is an attestation of his thorough democracy, and that he is in all respects only what he appears to be, is another reason why the people delight to honor him. In fact, his life and character show him to be the kind of man among all others best calculated to uphold the honor, purity and dig- nity of the judiciary.


RICHARD PARKS BLAND, LEBANON.


H ONORABLE RICHARD PARKS BLAND of Lebanon, lawyer, statesman, leading candidate for the Presidency before the Democratic Convention of 1896, the great apostle of free silver, and at present Representative in Congress from the Eighth Missouri District, is a character of international importance and faine. It is as public man and statesman that he is known rather than as lawyer, but his first struggle was at the bar and there he demonstrated the superior character of his qualities and attainments, and he even yet delights to match his skill against that of an opponent in the legal arena.


A general outline only of Mr. Bland's career may be given here, though his life is filled with elements to make of it a most interesting biography. He is a native of Kentucky, having been born near Hartford, in that State, August 19, 1835, and is the son of Stoughten E. and Margaret (Nall) Bland. He received an academic education, studied law and came to Missouri in 1855, being then twenty years of age. He began practice in the south- eastern part of the State, but was soon infected with the California "gold fever," which had been epidemic since 1849, and became one of that strong, fearless and hopeful army who braved the toil and dangers of an overland trip across the plains for the sake of the wonderful treasures of the "Golden Coast." After he had reached California and pros- pected about for a time, he finally reached Virginia City, Utah, which was then the center of the mining excitement. He soon discovered that the practice of his profession was likely to prove more certainly profitable than prospecting for mineral and he accord- ingly hung out his shingle. The town was on a wonderful "boom," and in all "boom " towns money is plentiful. The circumstances which cause it to boom, cause money to pour into it and this results in a prodigious inflation of the circulating medium just at that spot,


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operating much as does an intoxicant on the human brain, causing the life-giving fluid to flow to that organ and giving it great temporary stimulation. The reaction is as sure to follow the stimulation of a town by the flow of money thereto on some sudden impulse, as the fall to a normal condition is certain to follow the stimulation of the brain by intoxicants. The young Missouri lawyer reaped a fair share of this prosperity, through his talent as a politi- cian and publicist even in this early stage of his career asserted itself, and in 1860 he was elected Treasurer of Carson County, Utah, Virginia City then being in the Territory founded by the Latter Day Saints. This office he held until the Territory of Nevada was organized from a part of Utali's Territory.


It inay be said that this trip to the gold diggings and his experience in that new and cosmopolitan part of the world, were of the highest benefit to the young Kentuckian. The hardships and toils taught liim endurance, patience and fortitude; his contact with men from all parts of the world, the rude conditions of those times wherein personal courage and inanhood were the supreme tests of fitness, developed his character while at the same time its process of erosion wore away his rough corners and prejudices and served to polish him.


In 1865, the war having ended, Missouri gave signs of great material development, and thus it was that the young lawyer resolved to return to a point nearer civilization. He reached Missouri in the year above named and located at Rolla, where his brother, Hon. Charles C. Bland, now Judge of tlie St. Louis Court of Appeals, was already located and practicing law. The two brothers joined their fortunes in a business way, and contin- ued to practice at Rolla until 1869, when Richard P. Bland moved to Lebanon, Laclede County, on the outskirts of which town he lives on a well improved farm.


In the year following his location at Lebanon (1870) he was elected to the Forty-third Congress, and has served continuously since, except in the Fifty-fifth Congress, to which he was not returned, owing to the Republican landslide of 1894, the accidental character of which was emphasized in his district, where his successful opponent was as much sur- prised as anyone else. However, as though to make amends for their carelessness, his constituents returned him in 1896 by a large imajority.


Mr. Bland's career in Congress is a part of the Nation's political and legislative his- tory. He has made a record because of his deep and earnest study and devotion to that element of legislation which deals with the Nation's finance. As Chairman of the Com- mittee on Weights and Coinage it was his ideas that largely shaped the act by which the Government resumed specie payment, and the present silver dollar in circulation, is known commonly as the "Bland Dollar." Throughout his career of a quarter of a century in Congress, he has been a staunch friend of silver and his efforts in behalf of the "white 111etal " have won him the title of "Silver Dick," by which his party always fondly refers to lıim1.


When the great monetary contest of 1896 was precipitated, "Silver Dick " stood head and shoulders above the great men of his party as the man likely to be selected as the champion of the adherents of free silver. Before the Chicago Convention of 1896, his was the only name generally mentioned as the Democratic nominee for the Presidency. He went into that convention as the leader by long odds, and held this conspicuous place until William J. Bryan made his magnificent speech, stampeded the convention and was made the nominee.


The bearing of Mr. Bland under the stress of those exciting days of the Chicago Con- vention was characteristic of the man. During the days when the republic hung on the


18. J. Bliss


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result of the convention's deliberation, and his name was bulletined all over the land, Bland was calm, serene and unexcited. While the question was being decided as to whether or not he should have an equal chance with his opponent to occupy the highest office in the gift of man, and while he led in the convention, and ballot after ballot showed that he had the nomination alinost within his grasp, Bland calmly pursued his work of gathering in his hay crop! One passing the field where he worked would never have supposed that he either knew or cared what the Democratic National Convention at Chicago did. His com- placency, serenity and control over self under the most exciting circumstances were cer- tainly admirable.


Such deportment gives us a glimpse of his strength of character. Absolute and fear- less independence is another trait, strongly pronounced. Though there are millions of men who do not accede to his political views, none of his opponents liave ever questioned his deep sincerity and absolute honesty. Charles A. Dana once said of Bland that he was the only member of the House who had reached the level of statesmanship since the reconstruc- tion period. Another says of him - "Bland is experienced in parliamentary law and has the rules of the House at his fingers' ends. He bides his time and when the opportune moment arrives, emits a roar that startles the House and sends the loungers in the lobbies scurrying for the galleries. He handles the situation without gloves. Powerful in invec- tive, precise in statement, blunt and vigorous in language and leonine in voice and manner, the very atmosphere of the House seeins rarefied after one of his efforts."


HARMON J. BLISS, SAINT LOUIS.


TALENTED and rising young member of the legal fraternity of Missouri is Harmon A J. Bliss, of St. Louis, who, although he has been practicing a comparatively short time, has demonstrated beyond question that he chose wisely when he elected to become a lawyer; he is adapted to the requirements of the profession, and undoubtedly has the ambition and ability to realize the sanguine expectations of his friends.


Harmon J. Bliss was born in the little town of Westfield, Chautauqua County, New York, November 16, 1858. He is the son of Harmon J. and Mary E. Bliss, nee Plumb, both coming of families prominent in Chautauqua County from the time of its settlement. Being left fatherless in 1863, at the age of five years, his rearing and care fell solely upon the mother, and to her love and Christian rectitude he is indebted for the principles of justice, right and truth that have so far guided his conduct. The mother properly recog- nized the importance of education and resolved that her son should have the proper train- ing in this respect. He attended the common schools and the academy of his native town, and then entered Hamilton College at Clinton, near Utica, New York, from which institu- tion he was graduated in 1881 with high honors. When he received his diploma the whole world was before him and necessity compelled the selection of a vocation. Natural inclination and the encouragement of friends directed him to the profession of the law, and thus it was that he entered the office of Messrs. Williams & Potter, of Buffalo, New York, one of the leading law firms of that city.


Before he had completed his legal education with this firm, a good position was offered him as classical instructor in a private school for boys in New Orleans, and the


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young student left New York to aeeept the place in the fall of 1883. Although he was not, after that, able to give his undivided attention to his law books, he had not in the least abandoned his intention to become a lawyer, and therefore devoted whatever time he could take from his duties to legal studies. In the spring of 1885 he eame to St. Louis, and in the following October was admitted to the bar and immediately opened an office. Sinee that time he has been engaged in eivil praetiee, and has been very sueeessful. He has manifested a deep interest in the affairs of the Spanish Club sinee he came to St. Louis, and is one of the most influential members of that body, and was for two years its Treas- urer. Mr. Bliss is unmarried.


Mr. Bliss is a gentleman of great industry, is ambitious and his sphere of usefulness is daily inereasing. As a speaker he is graceful and eloquent, and as an attorney careful and painstaking. Nature has been kind to him, has endowed him with a fine personal appear- anee and the conformation of his face bespeaks a cultivated mind. He is popular and has a host of friends who are warmly interested in his eareer.


WELLS H. BLODGETT,


SAINT LOUIS.


T 'HE eminent attorney whose name heads this sketeh and who is best known on account of his eonneetion with railroad litigation in the West, is the son of Israel P. and Avis (Dodge) Blodgett, and was born at Downer's Grove, Du Page County, Illinois, January 29, 1839. When far enough advaneed in the elementary sehools of his native place, he went for a short time to the Roek River Seminary and afterward spent two years in the Illinois University at Wheaton. Having settled that he would adopt the legal profession, he went to Chicago and studied in the office of his brother, Henry W. Blodgett, who was afterwards for many years on the Federal Beneh in that eity. During the month of his admission to tlie bar, he responded to the eall of President Lineoln for seventy-five thousand men with whieli to put down the rebellion, by enrolling for three months as a private in a company commanded by Captain C. C. Marsh. In that company lie saw no active service. On the expiration of that term, he enlisted again as a private in the Thirty-seventh Illinois Vol- unteer Infantry. Fromn that time his rise was rapid. In October, 1861, lie was inade Lieutenant of Company D, of that regiment. In the spring of 1862, he was made Captain of the company, and in Mareh, 1863, he was commissioned by President Lincoln as Judge Advocate of the Army of the Frontier, with the rank of Major of Cavalry. In August, 1864, he was commissioned Lieutenant Colonel of the Forty-eighth Regiment of Missouri Volunteer Infantry, and on October 1, 1864, he was made its Colonel. He was constantly on duty in the field, excepting for the few months he spent at headquarters as Judge Advocate. His eommand participated in the operations of Generals Fremont, Sehofield, Hunter and Heron in Southern Missouri and Northern Arkansas, and later they were in Tennessee and Alabama, where his regiment formed a part of the Fourth Division of the 'Twentieth Army Corps. Colonel Blodgett was mustered out of the military service with his regiment in July, 1865. He was a gallant soldier, as is testified both by his earned promotions and the Congressional Medal of Honor whieli was awarded to him for distin - guished gallantry in the field.


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After the war had closed he settled at Warrensburg, Missouri, and began the practice of his profession. In 1866 he was elected to represent Johnson County in the Lower House of the Legislature, where he served two sessions. In 1868 he was elected for a term of four years to represent his district, composed of the counties of Johnson, Henry, Benton and St. Clair, in the State Senate. Although a Republican and an ex-soldier of the Union, he was one of the first in his party to advocate a repeal of the disfranchising and test oath clauses of the Drake Constitution of 1865.


In the fall of 1873, his reputation and ability as a lawyer were so well established that he was offered the position of Assistant Attorney for the St. Louis, Kansas City & Northern Railway, which he accepted. In June, 1874, he was inade General Attorney of the com- pany and continued in that relation until 1879, when the lines west of the Mississippi River were consolidated with the Wabash Railway, thus forming the system known as the Wabash, St. Louis & Pacific, the lines of which extended throughi, or into the States of Michigan, Ohio, Indiana, Illinois, Missouri and Iowa, and he was then elected General Solicitor of the consolidated company. In 1884 the roads of the system were placed in the hands of receivers appointed by the Circuit Courts of the United States, and thereupon he was appointed by the Court as the legal adviser of those officials. He successfully conducted the huge volume of complicated litigation that ensued, and which involved many millions of dollars. In 1889 the roads were reorganized under the name of the Wabash Railway Company and Colonel Blodgett was again placed at the head of its legal department as General Solicitor, and that position he still holds.


In July, 1865, he married Miss Emma Dickson, of St. Louis. They have three chil- dren, two daughters and one son.


HENRY WHITELAW BOND,


SAINT LOUIS.


IT is not given to many men to attain so early in life the honors and judicial reputation 1 that the Hon. Henry Whitelaw Bond, Judge of the St. Louis Court of Appeals, enjoys. He is a trained lawyer, a deep thinker and above all is endowed in exceptional degree with that finely discriminate and analytical intelligence known as the "judicial inind."


Judge Bond was born January 27, 1848, near Brownsville, Tennessee. His parents were well-to-do and gave their son good educational advantages, and the common school part of this education was obtained in Tennessee. When sixteen years of age he came to St. Louis, where he entered what was then known as the City University, where he came under the tutorship of that able man and expert educator, who is without a peer in the his- tory of St. Louis schools-Professor Edward Wyman. This course was of great benefit to the young student, and even took him far along a college course. However, before he con- tinued his schooling, he returned for a short time to his native Tennesseean heath and from there journeyed to that renowned seat of learning, Cambridge, Massachusetts, where in 1865 he entered Harvard University. In the closing months of 1866 he once more returned to Tennessee, and in pursuance of a resolution previously formed, after a time he entered the office of Judge Thomas J. Freeman, of Brownsville, Tennessee, to study law, and with this able lawyer as a preceptor, completed the regular course of reading and after his admission to the bar in 1870 began practice at Brownsville, this event being contemporary


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with the attainment of his majority. He was rather fortunate as a beginner, in the class of clients and business he succeeded in obtaining; but to the people of the county he was well and favorable known and the patronage extended was but a merited recognition of his ability.


After nine years spent as a practitioner in Tennessee, although he had established a good legal connection considering the length of time he had appeared before the bar, his ambition led him to believe that the West contained such larger opportunies as to offset the disadvantages of another beginning among strangers. He reached St. Louis in the spring of 1879, and on April 19 opened an office for practice in that city, and that he has risen in less than fourteen years from an unknown young lawyer to the second highest judicial honor of the State, denotes character and ability that fixes his place among the worthiest of his profession. During his first year of practice in St. Louis he was without a legal associate. In 1880 he formed a partnership with the late Judge James J. Lindsley. Judge Lindsley was a lawyer of splendid reputation, stood in the front rank of St. Louis practitioners, and the young lawyer's relationship to a man of such standing and ability, was of great benefit, in that it served in a measure to introduce his own native ability and capacity as a lawyer.


In 1885 Judge Bond was elected to represent his district in the Thirty-third General Assembly, and shortly afterward the partnership between him and Judge Lindsley was dis- solved. Although not naturally insistent in matters concerning himself, but rather disposed to be of a retiring and modest disposition, he was hailed as a leader by the House. He served on a number of important committees and the House availed itself largely of his deep knowledge of constitutional law, and his service in the Legislature connected his name with inuch beneficial legislation. After the term ended, he returned to St. Louis and his prac- tice, forming a partnership with Sir Charles Gibson and the latter's son, Charles Eldon Gibson, under the style of Gibson, Bond & Gibson. The firm entered the civil field, the greater part of their cases coming from corporations. They appeared as counsel in many such cases of importance in which vital points of law were involved and large interests were at stake.


In 1892 the firm of Gibson, Bond & Gibson was dissolved by the elevation of Judge Bond to the bench of the St. Louis Court of Appeals, to which he had been elected in the prior November. His election to this responsible office was a recognition of his integrity as a man no less than of his distinguished ability as a lawyer. So conspicnous were these qualities that they overshadowed the political exigencies of the situation, and he therefore attracted many votes outside his party. Although Judge Bond has political convictions, lie has contributed largely to that most desirable result-the divorcement of the judiciary from politics. Believing that under present conditions the affiliation of the candidate with some political party is an absolute necessity, lie is convinced that after lie assinnes the ermine his active association with things political should wholly cease.


Judge Bond is the ideal magistrate. Naturally an analyst, his training has given him the power to balance given facts; to note their relationship and to verify the influence of modifying circumstance; to separate and to combine, with all the exactitude of the expert mathematician. He is a legal chemist; but unlike the man of scientific formula whose processes are material, the operations of the legal analyst are wholly mental; instead of depending on retorts, reagents, etc., to reach a result, his methods and forinulæ must be evolved entirely from his inner consciousness. The decisions and opinions of Judge Bond from the bench of this high court, have been models of legal learning and wisdom, worthy


Henry W. Bowl.


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of the commendation they have received from the bar of the State because of their fairness and harmony with the law. The language of such opinions is clear and simple and gen- erally carries the conviction of right. He is simple likewise in manner and disposition, straightforward and candid. Although courteous and unassuming, he bears himself on the bench with a dignity such as becomes his high judicial rank, without, however, verging on even the appearance of pomposity. His many rare qualities as a man, his unsullied integ- rity and his undoubted ability have endeared him to a host of friends and excited the warm admiration of bar and public.


In 1881 Judge Bond espoused Mary D. Miller, daughter of Judge Austin Miller, of Bolivar, Tennessee. They have an interesting family of four children, named respectively, Thomas, Irene, Whitelaw and Marion.


THEODORE BRACE,


PARIS.


H ONORABLE THEODORE BRACE, Supreme Justice of the State of Missouri, was born in Alleghany County, Maryland, June 13, 1835. He is the son of Charles and Adelia (White) Brace. Tlie father was of Englishi birth and came to this country when very young. The subject of this biography received a good common school education, studied law at Cumberland, Maryland, and was admitted to the bar in the spring of 1856. Then following the example of a great many beginners in his profession, wlio desire to avoid the effect of that slowness of humanity to understand that the man has developed whom it knew as a boy, he decided to seek a location among strangers. Missouri then, as now, offered many opportunities to the young man of high aspirations, "the dreamer who in hopefulness of youth dreams of deeds of high emprise," and the young Marylander accordingly decided to investigate its possibilities. In December of the same year he was licensed to practice, he located at Paris, the county seat of Monroe County, and at once entered the lists as a candidate for legal honors.




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