A history of Montana, Volume II, Part 15

Author: Sanders, Helen Fitzgerald, 1883-
Publication date: 1913
Publisher: Chicago : Lewis Publishing Co.
Number of Pages: 1002

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WILLIAM Y. PEMBERTON. In no profession is there a career in which talent is more quickly discovered than is that of the law, and in no field of endeavor is there demanded a more careful preparation, a more thorough appreciation of the absolute ethics of life and of the

underlying principles which form the basis of all human rights and privileges. Unflagging application, intuitive wisdom and a determination to fully utilize the means at hand are the concomitants which insure personal success and prestige in this great profession, which stands as a stern conservator, and it is one in which success comes only as a result of natural capacity, un- mistakable ability and inflexible integrity.

Among those who have lent dignity and honor to the bench and bar of Montana is Judge William Young Pemberton, of Helena, who has the distinction of hav- ing served with signal ability as chief justice of the supreme court of the state, and is recognized as one of the able jurists and legists of the northwest.

William Y. Pemberton is a native of the state of Tennessee, having been born in Nashville, on the Ist of June, 1843. His parents were William and Martha (Brooks) Pemberton, and he was one of four sons, of whom he was the youngest and is now the only one * living. The genealogy of the family may be traced back to stanch English and Scotch ancestry, the original American progenitors in the agnatic line having among the early settlers in the Old Dominion, where the family was one of prominence and influence. Judge Pember- ton was reared in Missouri, where he was under the tutelage of his annt, Mrs. Rebecca E. Williamson. Here he remained until he attained his legal majority, attending the public schools until he was of age to enter college. He was then sent to the Masonic Col- lege, in Lexington, Missouri, where he continued his literary studies, in the meanwhile formulating his plans for preparing himself for the legal profession. With this end in view he entered the Cumberland Law School, at Lebanon, Tennessee, where he devoted him- self assiduously to the technics of the law, to such good purpose that he was graduated with the class of 1861.

In 1863 Judge Pemberton came to Montana and be- came one of the pioneer lawyers of the state. He lo- cated in Virginia City, and before long had a flourishing practice. The early laws of the territory were vague and indefinite and they were indifferently administered. Therefore the interposition of a skilled and discriminat- ing attorney, who in addition to a great store of legal knowledge had also the gift of common sense, was hailed with delight on the part of those who were in favor of a reign of law and order. Judge Pemberton thus became at once a man of power and influence and his services were in demand in all parts of the ter- ritory where settlements had been made or mining camps established. In 1865 he removed to Helena, then a mere mining camp straggling up Last Chance gulch. He was one of the earliest settlers in what is now the beautiful capital city of the state, although he did not long continue his residence there, for in 1868 he re- turned to Missouri. Later he went to Texas and was there engaged in professional practice until 1880, when he again felt the call of the wilder west and he re- turned to Montana, locating in Butte, which remained his home until 1909, when he came to Helena, where he has since resided.

Judge Pemberton was gladly welcomed to his old home, and in 1882 he was elected district attorney of the West Side district, which included the greater por- tion of the territory west of the mountains. He was reelected to this position to succeed himself in 1884 His fitness for a position on the bench became more apparent each year and therefore in 1891 he was ap- pointed district judge of the district including Butte, and served upon its bench until January 1, 1893, when he entered upon the duties of the highest judicial office in the state, becoming chief justice of the supreme court, an office to which he had been elected the pre- ceding November.

No man thus identified with Montana's highest tri- bunal came to the office with more eminent qualifica- tions than did Judge Pemberton. Possessing a strong

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and distinct individuality, thoroughly read in the science of the law, familiar with minutia and precedents, and having an intuitively judicial mind, he brought to the supreme bench the attributes essential to the insuring of equity and justice in the tribunal, the final resort of the people of the commonwealth. His rulings on the supreme bench were singularly able, fair and impartial, showing a keen discrimination in detecting the true points at issue and eliminating all that was irrelevant, while his opinions were concise and clearly defined, conched in exact and effective language and showing the broad mental grasp and thorough legal knowledge of the chief justice. His term on the supreme bench expired in 1899 and the state will ever owe him a tribute of re- spect and will honor him as a wide judge and an up- right man. After his retirement from the bench, Judge Pemberton resumed his practice of the law in Butte. His high prestige and well-known ability insured him a leading clientage, his services being in demand by many corporations, while he continued to appear in con- nection with much of the important litigation in the various courts of the state. In June, 1909, Judge Pem- berton was appointed librarian of the State Historical and Miscellanous Library at Helena, and to the duties of this office he now gives his entire time and atten- tion.

In his political allegiance Judge Pemberton has ever given an unswerving support to-the principles and poli- cies of the Democratic party, and he has wielded a marked influence in shaping the political affairs of the state. The party cause has been greatly advanced through his efforts, both in private and public advocacy of those principles which he considers the true ones, his powers in dialetics being of an exceptional order, and always at the disposal of his party during a poli- tical campaign. Fraternally the judge is identified with the Masonic order, in which he has taken the capitular degrees. He has taken a very prominent and active part in the affairs of the Society of Montana Pioneers, serving as president of the organization.

WILLIAM L. STEELE, deceased. It is doubtful if in all the chronicle of human endeavor, east and west, there could be paralleled in variety and definite usefulness the record of that fine Montana pioneer, the late Dr. Wil- liam L. Steele. To say that he was one of the most distinguished members of his profession in the west is but to begin the enumeration of his abilities and in the evolution of territory and state he played a diverse and important part. Dr. Steele was born February 17, 1833, near Pendleton, Anderson county, South Carolina, and died May 15, 1910, at his home in Helena, Montana. He was the scion of stanch old Southern stock, the son of William and Margaret (Guyton) Steele, natives of the county which was the scene of his own birth. The father was a midshipman in the United States navy and participated in the decisive naval battle between the Chesapeake and the Shannon in the War of 1812, when Captain Lawrence was mortally wounded and uttered with his last breath the heroic words, "Don't give up the ship," which have been the inspiration of all subse- quent American generations. After the termination of his services in war the elder Steele engaged as a planter in the south, until summoned to the "undiscovered country." He was honored with the gift of several offices in public trust, serving in the legislature of his state and for sixteen years acting as tax collector. The immigrant ancestor of the Steeles was of Scotch-Irish stock, and located first in Pennsylvania, whence his descendants removed to South Carolina, their exodus to the south predating the Revolution, in which the Steeles were active and valiant for the cause of freedom. The maternal grandparents of Dr. Steele were named Wat- son, and extant record shows that the Grandmother Watson, passing through the camp of Lord Corn-

wallis, carried a dispatch to General Green. during the siege of Yorktown.

Dr. Steele was one of a family of typical pioneer pro- portions, there being no less than sixteen children. Of the brothers, three became residents of Montana. The family was in good circumstances and the father had the happiness to be able to give his sons good educa- tions. The doctor received his academic education in the John L. Kennedy classical school in Thalion Academy, South Carolina, from which latter institution he graduated. For the ensuing two years he was en- gaged in pedagogical work and in the meantime, having come to a decision as to his life work, he began the reading of medicine. In 1854, he matriculated in the South Carolina Medical College at Charleston, and com- pleted a three years' course, receiving his degree of M. D. in 1857.

He inaugurated his practice as contract surgeon with the Rabun Gap Railroad, in which position he served two years. In 1859 he made the journey across the plains to Colorado, answering like so many of the flower of American manhood, the beckoning finger of Oppor- tunity from the westward. In the new state he made location in Missouri City, where he secured a placer claim, which he worked until 1862, with fair success, in the meantime doing such professional work as came to him. In Colorado he became superintendent of the consolidated ditch, which supplied water for the placer mines, and he was largely interested in the great enter- prise. He also devoted considerable attention to stock raising.

Dr. Steele's residence in Montana dates from tlie year 1863. His first residence was at Bannack City. whence in course of time he removed to Alder Gulch, In the latter locality he served as the first president, which incumbency, under the conditions then exist- ing implied his presiding over the local court of justice, his powers being practically supreme. The country was new and wild and the doctor in his judicial capacity presided over the trial of several outlaws and it was necessary for him to pass the death sentence upon one or more criminals condemned to execution. In 1864 he brought a stock of goods to Alder Gulch, and in a very short time disposed of them. In November of that year he located in Helena, which in that day was a mere mining camp, and this was destined to be the scene of his remaining years. He immediately purchased a large interests in mining properties in Grizzly Gulch and in 1865, additional ones in Ophir Gulch, Deer Lodge county, and also in Mcclellan Gulch. All of these he operated with success. He also engaged in cattle rais- ing and in 1867 and 1868 he conducted freighting, with Fort. Benton as headquarters.

In 1869 Dr. Steele was elected sheriff of Lewis and Clark county, during his two years' term of service doing much to suppress lawlessness and crime, the of- fice at that time demanding in its incumbent great tact, much discrimination, incessant watchfulness and daunt- less courage. From 1871 until 1898 he gave the greater part of his attention to active medical practice, and in the latter year, being then of advanced age, retired for the most part from its active duties. He was an enlightened practitioner and the friend and doctor of hundreds of families.

Instinctively all classes paid deference to Doctor Steele and were eager to entrust to his wisdom and public-spirit the responsibilities of office. He was a member of the state senate in the legislature of 1896; he was for ten years county coroner; three times he was elected mayor of Helena, and in 1898 he was elect- ed treasurer of Lewis and Clark county. In that same year he was strongly urged to allow the use of his name as candidate for governor of the state, but he de- clined. In scores of other ways, the leading citizens gave dignified evidence of the esteem in which they held him, not only in his home city, but throughout the

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state. In political faith he was a Democrat and his active loyalty did much to promote the success of the causes for which the party stood. Professionally he was a member of state and county medical societies, and his fraternal affiliations extended to the Knights of Pythias, and the Ancient Order of United Workmen.

In 1865, Dr. Steele laid the foundation of his domes- tic happiness by his marriage to Miss Agnes Forbes, a native of Missouri. The children born to bless their union are Turner A., Frank F. and Agnes B. The Steele home was famous for its hospitality.

Dr. Steele was president of the Association of Mon- tana Pioneers and in its ranks all honor was paid to him as a man of unsurpassed usefulness and honor. In all the relations of life his record was unblemished and all the splendid traits of the sterling pioneer was his in abundance. His individuality was strong, and at the same time pleasing and his benevolence and love of his fellow men unbounded. It means much to a city to number among its inhabitants men of his type in which the pure fire of philanthropy and public spirit burns so serenely; such men are of necessity rare and all honor is due to them when they are found. He lived to the venerable age of seventy-seven and of him it may well be said,

"The sweet remembrance of the just, Shall flourish when he sleeps in dust."

CHARLES N. KESSLER. A name identified with Mon- tana territorial days, and connected with the business life of Helena for almost a half century, is that repre- sented in this city by Charles N. and Frederick E. Kessler, sons of Nickolas Kessler, whose death occurred in Helena, December II, 190I.

Nickolas Kessler, one of the pioneers of Montana, as well as one of the most prominent business men and citizens of his day in the city of Helena, will long be remembered as a man, whose public spirit and enter- prise were important factors in the upbuilding of that city. He was born in Luxemburg, Germany, May 26, 1833, the youngest of six children. His father, whose name was also Nickolas, owned a small farm near Befort, in the grand duchy of Luxemburg, where the son was reared and received his early education.

When Nickolas Kessler was a young man of but little more than twenty he immigrated to America, landing at New York on January 10, 1854. After a brief stay in that city he went to Detroit, where he secured employment in a grocery store. Following this he was employed in several towns through north- ern Michigan, and at one time worked in the lumber districts. Going to Chicago, he was for about three years employed in the commission and feed business, in partnership with James McPherson, in which con- nection Mr. Kessler was able to accumulate a small capital.

In the winter of 1859-60, when the news of the gold discoveries at Pike's Peak was spreading over the country, Mr. Kessler like many others joined the ex- odus to that section. In disposing of his business in- terests he acquired a small capital which was invested in a mine at White Gulch, Colorado. This property proved to be only a "pocket," so that his initial mining investment really served to exhaust rather than in- crease his capital. He had considerable experience in the mining camps of Colorado, without profitable re- sults. With a party of others in August, 1863, he started for Bannack, Montana. The journey was a long and dangerous one, and after roughing it for many days the party arrived in Virginia City, Montana, Septem- ber 22, 1863. This camp was then at the height of its excitement, eatables were selling at fabulous prices, and Mr. Kessler opened a small bakery and restaurant, which he conducted with some profit during the next year or so. By this time he had accumulated some Vol. II-4

little capital, and he concluded to make a visit to his old home in Germany. It was while visiting the scenes of his boyhood days in Germany that he received a letter from a friend back in Montana informing him that this friend had staked a splendid mining claim for him in Confederate gulch, which would be retained for Mr. Kessler if he would return to Montana. Mr. Kessler hastened back to find that his friend could not hold the property, and that it had been "jumped."

About this time the Blackfoot City mining boom was on, and Mr. Kessler went there with the intention of building a brewery for Charles Beehrer, of Nevada, with whom he had become associated. Work on the building was at once begun, but before its completion it was discovered that the mines were beginning to play out, and the future prospects of the camp would not warrant its completion. Mr. Kessler then went to Helena and took charge of a brewery owned by Mr. Beehrer, which plant he purchased in 1865, since which time it has been known as the Kessler Brewery and has *always remained in the family, a record in the state of Montana for continuous ownership and operation of an industrial institution. From time to time the plant has been rebuilt or enlarged, modern machinery installed with all the latest sanitary appliances, until now it is one of the largest and best equipped manufacturing establishments of its kind in the northwest. Mr.

Charles N. Kessler is the president and Mr. F. E. Kessler is secretary and treasurer. Beginning with an output of less than 1,000 barrels of beer annually, this has grown to over 25,000 barrels per annum, and the plant employs about 50 men. In 1866 Mr. Nickolas Kessler engaged in the manufacture of brick, and later added sewer pipe and tile, becoming the pioneer man- ufacturer in that line of industry, which was enlarged and improved and included in its product paving brick, standard and ornamental flower pots and vases, fire proofing, as well as an output of several million com- mon hrick per year. This plant subsequently became the Western Clav Manufacturing Company, and is now one of the most extensive plants of its kind in Montana, and one of Helena's leading industrial institutions. Mr. Kessler was one of the original board of directors of the National Bank of Montana. and was president of the Cascade Land Company. Politically he was a Re- publican and served in the territorial legislature of 1873, while fraternally he belonged to the Masons as a member of Morning Star Lodge, also to the Elks, Sons of Hermann and was for one year president of the Society of Montana pioneers.

Mr. Kessler was married in 1873 to Miss Louise Ebert. a native of New York City, whose death occurred in 1880. She left three children, Charles N., Frederick E. and Mathilde, the latter the wife of Capt. Wil- liam B. Cochran. U. S. A .. and has two daughters, Louise K., and Marion L. The death of Mr. Kessler occurred on December 11. 1901, and his demise was a sad blow to the city of Helena as well as to his inti- mate friends and relatives. Few men have contributed more to the industrial progress of Helena than did Nickolas Kessler. His personal characteristics were geniality, kindness of heart and a strong sense of public and private duty.

The following tribute to his memory, taken from the Helena Independent. is a truthful reflex of public senti- ment over his untimely death: "The saddest news Helena people have heard in many a long time they received yesterday, when it became known that 'Nick' Kessler (as every one knew him) was dead. For some time Mr. Kessler had complained of not feeling well, and he planned to make a visit to California this winter. About a week ago he was too ill to come into town, and while many of his close friends knew he was sick, it was not thought he was dangerously ill. His im- mediate family did not think so either. His sons and daughter have been untiring in their attentions to him

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while he was confined to his home, but they could not realize that his condition was serious. But yesterday morning about six o'clock the end came. Four hours previously he had a bad attack, and his physician, Dr. William Treacy, was summoned. But his skill was unavailing. After the first attack Mr. Kessler became unconscious, then rallied a bit, relapsed again into un- consciousness and then went off into a quiet sleep from which he never awoke, and it was such a passing away as seemed fitting to the ending of a good man's life- quiet, painless, peaceful.

"It is probable the death of no other man in Helena would have occasioned such universal regret as that of Nickolas Kessler. For thirty-eight years he lived in this community and during all of that time he was a potent factor in the business life of the community. In every relation of life-husband, father, business asso- ciate and man of affairs-he was tried and in each of them acquitted himself so well that yesterday the unan- imous voice of the people was that Helena had lost one of the best citizens she had ever possessed. In all of the years he had lived in this community it is doubtful if he made an enemy. Honest in every dealing, con- siderate of others, and always willing to take his share of the misfortunes which came to those who take an active part in affairs, his was a proud record. He was an old-timer and with them he was popular and well- beloved; the new-comers always found him ready to lend his assistance to any legitimate enterprise. He saw many of the boys and girls grow up into manhood and womanhood, and they liked him because he always had a pleasant word for them.

"It is the men who have been associated with him in business enterprises who realize what a loss to the city his death is. In all of the years he lived in Helena he was ever foremost in everything that looked to the up- building of the city. When it was proposed to build branch railroad lines from Helena, Mr. Kessler was among the leaders who were ready to subscribe money for the enterprise. When the hard times came and the men who had been the most progressive and enter- prising were the hardest hit, Mr. Kessler did not es- cape, but he always had a cheerful smile and he did not try to save himself by putting his burden on others. Instead, he was lenient with those whom leniency would assist in giving a chance to recoup, and he went ahead doing all in his power to bring about good times again in the community. With Col. C. A. Broad- water, he was a loyal and enthusiastic worker for Helena, and where the dollars of one went for the up- building of the city, there the dollars of the other could be found."

His great energy and business ability made it pos- sible for him not only to build up large enterprises and accumulate a fortune for his family, but to render most valuable aid to any enterprise or movement of benefit to his city or state. He was one of the best known pioneers in the state, and the association of those old citizens did not have a more enthusiastic member.

The two sons of Mr. Kessler, Charles N. and Frede- rick E., are numbered among the active business men of Helena, where they are prominent in the business, financial and social life of the city.

Charles N. Kessler married Miss Sarah Hewett, of Basin, Montana, and they have one child, a son, Charles Nickolas. Frederick E. Kessler married Miss Florence Gordon of Whitewater, Wisconsin. and their two chil- dren are Helen Kern and Louise Ebert.

JOHN HINES. Conspicuous among the best known and most prosperous citizens of Broadwater county is John Hines, who through his own efforts has ac- quired a handsome property, and is now living in Townsend. retired from agricultural pursuits, but ac- tive in public affairs, being now county commissioner of his home county. A son of the late Edward Hines,

he was born in 1842, near Kilkenny, Ireland, where his childhood days were passed.

Born, reared and married in Ireland, Edward Hines emigrated from Kilkenny to the United States in 1848. Settling with his family in Cincinnati, Ohio, he was there a resident until his death, about 1878, for many years having been a prominent contractor of that city. He married Anna Gall, a native of Kilkenny, Ireland, and of the eight children born of their union but two are living, as follows: John, the subject of this sketch; and Kearns, a retired contractor, living on Walnut Hills, Cincinnati, Ohio.

Coming with his parents to America in 1848, John Hines attended the public schools of Cincinnati until sixteen years old. Beginning life then as a wage earner, he was for three years a clerk in the grocery establishment of Patrick Tracy, whose store was lo- cated at the corner of Central avenue and McFarland street. Bidding farewell then to parents and friends, he responded to the lure of the wild west, striking out boldly for the gold fields. Going by rail to St. Joseph, Missouri, he then proceeded by boat to Council Bluffs, Iowa, where he outfitted for Montana. Crossing the Missouri river June 10, 1863, Mr. Hines arrived at Bannack, Montana, late in September. He remained there a week, and then started with his fellow com- panions toward the frontier, reaching Alder Gulch, now Virginia City, Montana, in October.

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A history of Montana, Volume II, Part 15

Author: Sanders, Helen Fitzgerald, 1883- Publication date: 1913 Publisher: Chicago : Lewis Publishing Co. Number of Pages: 1002

Author: Sanders, Helen Fitzgerald, 1883-
Publication date: 1913
Publisher: Chicago : Lewis Publishing Co.
Number of Pages: 1002