An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 130

Author: Miller, Joaquin, 1837-1913. cn
Publication date: 1894
Publisher: Chicago, The Lewis pub. co.
Number of Pages: 1216

USA > Montana > An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens > Part 130

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in Nevada, they disposed of their freighting outfit, and A. M. Walker returned to Montana and for one year was again engaged in lumbering in IIelena. His next ven- ture was in the sheep business. He purchased 2,500 sheep, and gave his attention to this enterprise for three years, at the end of which time his flock numbered 4,500, besides having sold a large number for mutton in the meantime. The wool he sold during these three years brought him a fair income, the last clip alone netting no less than $4,600. He disposed of his sheep interests at a good profit, and in 1881 we find him again dealing in lumber, this time at Butte, where he was associated with William Thompson for a few months. Afterward he was with Thomas Newton, with whom he continued until 1884. Then he sold out his interests there and invested in a mill at Empire. In September, 1888, he leased a new hotel at Carroll, the lowersmelting works of the Ana- conda Mining Company, the lease to run for five years. In this hotel, known as the Walker House, he did a suc- cessful business, but before his lease expired he sold it, together with the furnishings of the honse.

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HISTORY OF MONTANA.

Spear, judges of the Second Judicial Distriet court; Max Waterman, one of the leading law- yers of Meagher connty; A. C. Botkin, late United States marshal for Montana, and now lientenant governor of the State; Fletcher Mad- dox, Supreme Court reporter; S. A. Balliet, late prosecuting attorney ; William Wallace, Jr., late prosecuting attorney and member of the legisla- tive assembly; H. G. MeIntire, attorney for the Great Northern Railroad Company at Helena; S. H. MeIntire, late city attorney of Helena; John A. Luce, prosecuting attorney; J. L. Staats and W. A. Imes, of Bozeman; Thomas H. Carter, late delegate in Congress for Montana and commissioner of the General Land Office at Washington ; JJohn B. Clayberg, late attorney general of Montana and lecturer in the law department of the University of Michigan; R. E. Howey, late probate judge of Lewis and Clarke county; Arthur J. Craven, an accomplished orator and member of the constitutional convention; George R. Milburn, judge of the Seventh Judicial District court; O. F. Goddard, State Senator and leading law- yer of Yellowstone county; A. R. Joy, member of the constitutional convention and leading

lawyer of Park county ; Cornelius Hedges, late United States district attorney and State senator ; J. A. Johnston, for several terms prosecuting attorney for the Third Judicial District, -- all were admitted to practice for the first time by the Supreme Court of Montana, or, soon after their admission elsewhere, commenced practice before the Montana courts during the official period of Chief Justice Wade. Even Warren Toole, Wilbur F. Sanders and William Dixon, the three foremost lawyers of the great North- west, earned their exalted positions as lawyers either before Judge Wade or before his asso- ciates during his term of service. Of these Sanders was for ten years attorney for the Northern Pacific Railroad Company in Mon- tana, and upon the admission of the Territory as a State, he was elected Senator for Montana. Dixon was elected first State representative and served a term in Congress; but Toole, wedded to his profession, having no political ambition, with marvelous memory and profound judgment and reasoning with mathematical precision, has for thirty years stood peerless at the bar, the pioneer and pathfinder in Rocky mountain jurisprudence.

Mr. Walker now resides on his ranch of 600 acres, which is located a mile and a half east of Anaconda. He was married in April, 1871 to Abbie B. Creel, daughter of Robert and Mary A. Creel. Their only child, David Creel Walker, was born February 22, 1872. Mrs. Walker and her son are members of the Presbyterian Church.

FRANK L. MANN, Clerk of the Court for the Seventh Judicial District, and a resident of Billings, Montana, is a young man who has already made his mark in this growing State.

He was born in Granville, New York, in 1860, son of Charles R. and Maria (Brown) Mann. His father was a prominent farmer and merchant, and for many years was Judge in Washington county, that State. Frank L. grew to manhood in his native town, receiving his education at Granville Military Academy. In 1882, feeling a desire to push out and embrace the opportunities offered in the great West, he came to Montana, selecting Billings for his place of location. IFere he was for some time en- gaged in mercantile pursuits. He was County Surveyor

for Yellowstone county in 1888-9, elected to that office on the Democratic ticket; served for some time as Secre- tary of the County Democratic Central Committee; and in November, 1892, was elected to his present position, that of Clerk of the Court for the Seventh Judicial Dis- trict.

Mr. Mann was married in 1889 to Miss Mary Ohland, daughter of Fred and Mary (Renecke) Ohland of Bill- ings. They have two children, Harry T. and Clarles F. He and his wife are members of the Congregational Church.

GEORGE TIGHE, a member of the Copper City Com- mercial Company of Anaconda, and its business manager, is one of the most popular and successful merchants of the city. A brief account of his life and business career is as follows:

George Tighe was born in the State of Illinois, Novem- ber 8, 1861, of Irish descent. His father, Michael Tighe, is a native of the Emerald Isle, his birth having occurred in county Mayo in the year 1829. When he was eighteen

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Walter F. Chadwick, the learned code prac- titioner and great trial lawyer. and William Chumasero, learned in the form and practice of the common law and an eminent counselor, un- der the name of Chumasero & Chadwiek, were one of the strong firms during all the official life of Judge Wade and J. W. Strevell, the father of the law in eastern Montana; L. A. Luce, mem ber of the constitutional convention; Charles S. Hartman, member of Congress; J. J. Davis, at Bozeman; F. W. Cole, Silver Bow county ; JJames A. Calloway, late Territorial secretary and mem- ber of the legislative assembly from Madison county ; George F. Cowan and M. II. Parker, of Jefferson county; W. J. Stephens and Thomas M. Pomeroy, of Missoula county; James II. Garlock, of Miles City; Walter M. Bickford and George W. Reeves, of Missoula; William Scal- lon, of Butte City; George F. Shelton, A. K. Barbonr, J. W. Kinsley, H. B. Smith, James U. Sanders, of Helena; Thomas J. Galbraith, of Dillon ; H. R. Whitehill, of Deer Lodge; Thomp- son Campbell and J. H. Duffy, of Butte; George W. Taylor, of Great Falls; George D. Greene, of Jefferson county, and C. B. Nolan, prosecut-

years of age, Michael Tighe emigrated to America and settled in Connecticut. For twelve years he was in the employ of the Sayers Woolen Mills at Pawtucket, Rhode Island. From there he removed to Illinois and a little later purchased a farm in Wisconsin, upon which he set- tled and which he cultivated for a number of years. IIe was married in Illinois, in 1860, to Miss Margaret Noon, who is also a native of Ireland. They have had uine children, seven of whom are living, George being their second-born.

After receiving a common-school education, George Tighe attended a Chicago college, where he completed his studies. Ile then entered upon his mercantile career as an employe in the famous house of Marshall Field & Company of Chicago. That was in 1881. He remained with them continuously for eleven years and during that time acquired a thorough knowledge of goods, values and business methods. In 1892 he resigned his position there in order to identify himself with this prosperous Western city and assume the management of the busi- ness with which he is now connected. Notwithstanding the financial embarrassment of the country for the past

ing attorney of Lewis and Clarke county, were all able practitioners during the same period.

Sample Orr, H. M. and I. B. Porter and , Andrew Burleigh and C. W. Turner, who sub- sequently left the Territory, were prominent lawyers during the time they resided in Mon- tana.

On the Sth day of November, 1889, Montana was admitted as a State. Its Territorial juris- prudence covers a period of more than a quarter of a century. There were nine volumes of Su- preme Court reports and more than 1,300 published opinions and decisions of the Supreme Court during that period; which probably do not represent more than one-tenth of the num- ber of cases tried and determined in the District Courts of the Territory during the same time.

The literature of the reports is perhaps equal to that of other Supreme Court decisions. Many of the justices of the Supreme Court were col- lege-bred men and logical thinkers and writers. The opinions show study and care, and are gen- erally enriched by the citation of numerous authorities. Perhaps a severe critic would pro- nounee against the length of many of the opin -

two years, the business of his house has shown a constant growth and increase of trade.

Mr. Tighe was married November 12, 1883, to Miss Ellen Kirchen, a native of Illinois and a daughter of Thomas Kirchen, a merchant of that State. They have three children, namely: Nellie, Evangeline and George Gratton.

In politics, Mr. Tighe is a Republican. Fraternally, he is a member of the (. B. L. of Chicago, and of the Elks in Montana. Personally, he is a man of fine physique and pleasing address, and by his many estimable quali- ties he has won hosts of friends since he came to Mon- tana.

THE COPPER CITY COMMERCIAL COMPANY of Anaconda, is one of the great business houses of Montana. It was organized February 22, 1892, by Messrs. Marcus Daly, D. J. Hennissy, D. F. Ilalishan, M. Donahue and J. S. Dough- erty, with a capital stock of $150,000.

After the company was organized, its first step was to- ward the erection of a fine brick block in Anaconda. This block is located on the corner of Main street and Commercial avenne: is 76 x 130 feet, with two stories and

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ions, but when it is remembered that the three justices of the Supreme Court were required to hold district court in the several counties of the Territory for eight or nine months of the year, besides two terms of the Supreme Court, it will be realized that they did not have time to make their opinions brief. There were but few dissenting opinions, and the influence of the court was maintained and strengthened by that fact. Montana, though younger than the other Territories, was foremost in the num- ber of Supreme Court reports and in judicial in- fluence in the Northwest. The briefs and ar- guments of the lawyers will compare favorably with those of any other set of reports. Congress at an early day provided the Supreme Courts of the Territories with snitable libraries, and Mon- tana, each year since then, has added to this library until now it is equal to that of most of the States. The lawyers, even in the early times and before the coming of railroads, gen- erally had good libraries, and it was only when holding court in the distant counties where there was no local bar that the dearth of law books was severely felt.

a basement; is arranged for a department store and is filled from top to bottom with an elegant stock of mer- chandise, the departments being as follows: dry goods, carpets, boots and shoes, clothing, furnishing goods, hats and groceries. The clothing, furnishing-goods and gro- cery departments show the largest sales, and as they do both a wholesale and retail trade their business is very large. In addition to this establishment they have a branch store at Carroll, where they employ four men. At Anaconda they employ thirty-four men.

The whole business is under the competent manage- ment of Mr George Tighe, who was formerly with the well-known firm of Marshall Field & Company, Chicago. Mr. Tighe is a stockholder in the company, and brings to its management the enterprise and successful methods of business used in the best Eastern houses. As he is one of Anaconda's most popular business men, we make further mention of him on another page of this work.

THOMAS M. ROBBINS, a prominent stockman residing near Melrose, Beaver Head county, Montana, was born in Sullivan county, Indiana, April 25, 1834.

His father, Thomas M. Robbins, Sr., was a veteran of

The Territory is the parent of the State. As the Territory has been so the State will be. The admission of the Territory as a State did not change the foundations or structure of the Montana judicial system. The State constitu- tion continued the Territorial laws in force, when not in conflict with that instrument. Precedents and decisions remained authority, and that greatest event in political history-the birth of a sovereign State, and its admission into an imperishable Union-did not cause a ripple or jar in the pursuits of the people, or in the jurisprudence of the country.

It brought an increase in the number of hands to run the same machinery, and to do the same kind of work. But this was necessary, as the work had increased. The three Terri- torial judges tried the causes arising under the constitution and laws of the United States, held the Territorial district courts, and tried the causes arising under the Territorial laws, and held Supreme Court for the hearing of appeals from the district courts. When the Territory became a State this work was divided up, and the United States district judge tries the canses

the war of 1812 and a pensioner of that war; was twice married, and by his second wife, nee Elizabeth Hinkle, had three sons and four daughters, of whom our subject was the fourth born. The father died in 1861, in the sev- entieth year of his age, and the mother died in 1854. During the early part of their lives they were Methodists, but later united with the Universalist Church.

Thomas M. Robbins, Jr., was reared in his native State, and May 9, 1855, enlisted in the regular army as a pri- vate, and served five years. In 1856 he was sent to Brit- ish America to gnard an exploring expedition, after which he was located successively at Fort Snelling, Fort Leav- enworth and Salt Lake. In 1859 he was on detached service on Snake river, and while there buried a number of emigrants who had been killed by the Indians. He remained at Camp Floyd until his time expired, when he was honorably discharged. Then he went to Denver, Colorado, and remained in that part of the country for about a year. In the fall of 1861 he started back East, intending to enlist in the Union army, but when he reached Council Bluffs he changed his plans, returned to Fort Bridger and was employed by Benjamin Hadley on

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arising under the constitution and laws of the United States. Twelve State district judges try the causes arising under the State laws and three Supreme Court judges hear appeals from the State district courts.

After the revision and codification of 1871-2 by Warren Knowles and Syines, the statutes were again revised or compiled in 1879, and again in 1887. At the session of 1889 an act was passed authorizing the creation of a code commission, whose duty it should be to prepare for submission to the legislative assembly four codes, viz .: a civil code, a penal code, a code of civil procedure and a political code. This com- mission expended two and one-half years' labor in the preparation of these codes.

It was required that the civil code consist of the body of the common law reduced to the formn of a statute as far as possible, the penal code to treat of crimes and punishments, the code of civil procedure to treat of the procedure and practice in civil actions and proceedings in all the courts, and the political code to treat of the sovereignty of the people, of political rights and duties, of the political divisions of the State, of the government of counties, cities and towns,

the overland stage route, acting as local agent and stock- driver about one year. In the spring of 1863 he heard of the gold discoveries at Bannack and directed his course to this point, arriving June 14. He became associated with the California Company, with whom he mined suc- cessfully until 1865; but, like many other miners, he made investments in claims whereby he lost his hard earnings. The winter of 1865-6 he spent on Rock creek in the Big Hole valley, far remote from civilization, as at that time his nearest neighbor was ten miles away. In the spring he went to Moose creek in Deer Lodge county, where he was for two years engaged in the stock business and was successful. In 1868 he removed to Rocker and began selling goods and keeping a boarding house, and here, too, he made mouey. The following year, however, he went to Rochester, where he met with financial loss and soon found himself "broke" again. Then he went to Sil- ver Bow and engaged in the hotel business and was there off and on until 1875. In 1876 he came to his present location and took claim to a tract of Government land,

and of such other general laws as to the com- mission should seem best.

Judge F. W. Cole, of Butte City, ex-Gov. B. P. Carpenter and ex-Chief Justice D. S. Wade, of Helena, composed the members of the code commission.

Judge Cole had every qualification for the work. He was familiar with the code of civil procedure of the State of New York, in which State he graduated at college, studied law and commenced the practice; with the laws and de- cisions of the State of Nevada, in which State he practiced his profession and for five years served as judge of the district court; with the codes of California, in which State he practiced for several years; and with the statutes and de- cisions of the courts of Montana, where he also practiced and became eminent in his profession.

Ex-Governor Carpenter had for many years been a practitioner in the State of New York and judge of one of its courts. He came to Montana as Governor of the Territory in De- cember, 1884, and after his retirement as gov- ernor, in Jnly, 1885, resumed the practice of his profession, and by his great legal knowledge and clearness of statement and expression was

120 acres at first, ou which in 1870 he built a comfortable residence. Here lie has since resided, engaged in stock- raising. Aside from his ranch he has various other inter- ests. He owns a store at Rochester, has two houses in Melrose, and has invested considerably in copper, lead and silver mines.

Mr. Robbins was married March 14, 1864, to Miss Ester Whitney, a native of Jackson county, Michigan, and a daughter of Price Whitney. Their only son, William L. Robbins, is the proprietor of the Central hotel at Melrose.

Mr. Robbins is a member of the I. O. O. F. and in pol- ities is a Republican.

CHARLES S. MARSHALL, ex-Judge of the Fourth Judi- cial District of Montana, was born in Paris, Bourbou County, Kentucky, January 19, 1821. He is of English origin, and his ancestors came to the colony of Virginia in the early history of the country. The grandfather, Humphrey Marshall, was born in that State, but after- ward removed to and became a life-long resident of Ken- tucky. He represented his State in the United States

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well qualified to aid in bringing order out of the contradictions, obscurities and imperfections of the statutes.

The experience of Judge Wade was not with- ont value for such a work.

This commission completed the four codes named in February, 1892, which were by the governor submitted to the legislative assembly of 1893, with the recommendation that they be enacted into law, but the session expired with- out action upon the proposed codes, and so the statutes of the State still remain in a confused condition, and but imperfectly carry into effect the provisions of the constitution.

Upon the admission of the State, Henry N. Blake, of Virginia City, became chief justice and Edgar N. Harwood, of Billings, and Will- iam II. DeWitt, of Butte City, associate jus- tices of the Supreme Court.

The judges of the State district courts now are: First District, William H. Hunt and Hor- ace R. Bnek; Second District, John J. MeHat- ton and John M. Spear; Third District, Theo- dore Brantley, successor to David M. Durfee; Fourth District, Frank H. Woody, successor to

Senate from 1794 until 1800. He married his cousin, Mary Marshall, a sister of United States Chief Justice John Marshall. To that union were born two sons, John J. and Thomas A. The latter, the father of our subject, was born in Woodford county, Kentucky, in 1794. Ile married Miss Eliza Price, a native of Lexington, Ken- tucky. Mr. Marshall was a prominent lawyer and poli- tician of Bourbon county, was elected to the State Legis- Iature a number of times, also represented the Bourbon District of Kentucky in the United States Congress, and in later life was Associate and Chief Justice. His death occurred at Louisville, Kentucky, in 1871. Mrs. Marshall died at the age of eighty-one years. They were members of the Episcopal Church, and were respected and es- teemed citizens.

Charles S. Marshall, one of seven children, four now living, was educated in the Bourbon Academy, and in March, 1842, graduated in the law department of the university at Lexington. For many years thereafter he was successfully engaged in the practice of his profession in western Kentucky, where he enjoyed the highest esteem of the bench and bar and also of the citizens of

S. C. Marshall; Fifth District, Frank Showers, successor to Thomas J. Galbraith; Sixth Dis- trict, Frank Henry; Seventh District, George R. Milburn; Eighth District, Charles H. Ben- ton; Ninth District, Frank K. Armstrong; Tenth District, Dudley Du Bose.

The opinions of the State Supreme Court are contained in part of the ninth, the tenth, eleventh and twelfth volumes of Montana Re- ports.

Among the important cases determined by the State Supreme Court are the following: State ex rel. Thompson vs. Kenney, anditor, 9 Montana, 23, involving the subject of manda- mns to State Anditor,-certificate of election and canvassing board: opinion by Harwood, J .; St. Louis M. & M. Co. vs. Montana Co., 9 id., 288, involving the question of right to examine mining property: opinion by Blake, C. J .; First National Bank of IIelena vs. Roberts, 9 id., 323, as to sufficiency of complaint in eject- ment, affirming McCanley vs. Gilmer, before mentioned: opinion by Harwood, J .; Chadwick et al. vs. Tatem, 9 id., 352, concerning wills and dower: opinion by Harwood, J .; Gans vs.

the State. Mr. Marshall was chosen by his fellow-citizens to fill the offices of County Attorney, County Judge, Cir- cuit Judge and Registrar in Bankruptcy. The Judge's eldest son, Judge Thomas C. Marshall, acquired a large law practice in Missoula, Montana, and in 1888 induced his father to locate in this city. The latter purchased the pleasant and commodious residence where he now re- sides, and intended to retire from active life. But in Oc- tober, 1889, he was chosen Judge of the Fourth Judicial District of Montana. He brought to his office much legal ability and ripe experience, his decisions gave good sat- isfaction, and his entire life has been one of high integ- rity and honor. Judge Marshall was also chosen a member of the Constitutional Convention of Montana, and aided in forming the present constitution. In polit- ical matters he was raised a Whig, but voted the Demo- cratic ticket for James Buchanan as President, and after- ward for Stephen A. Douglas. When the question of secession arose, Mr. Marshall opposed it with all his power, and in spite of all opposition maintained his alle- giance to the Government of the United States. Being a strong Union man, he joined forces with the Republican

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Switzer, 9 id., 408, concerning liability of trustees of corporation: opinion by Blake, C. J .; O'Donnell vs. Glenn, 9 id., 452, in relation to location notices: opinion by De Witt, J .; Hey- fron vs. Mahoney, 9 id., 497, concerning elec- tions: opinion by Blake, C. J .; King vs. Amy & Silversmith Con. M. Co., 9 id., 543, concern- ing extent of location of mining claim where vein crosses side lines: opinion by De Witt, J .; Lloyd vs. Sullivan, 9 id., 577, concerning elec- tions and appellate jurisdiction of the Supreme Court: opinion by Blake, C. J .; Mareum et al. vs. Coleman et al., 10 id., 73, concerning atti. davit to chattel mortgage: opinion by Har- wood, J .; Root vs. Davis, 10 id., 228, in rela- tion to qualifications of administrator: opinion by Harwood, J .; Metcalf et al. vs. Prescott et al., 10 id., 283, concerning location notices: opinion by DeWitt, J .; Carron vs. Wood, 10 id., 500, as to measurement of water: opinion by Harwood, J .; Waterbury vs. Board Com- missioners, 10 id., 515, as to garnishment of connty for debt dne by it to one of its officers: opinion by De Witt, J .; Burt vs. Cook, 10 id., 571, concerning statute of limitations and ac-

party, to which he has ever since adhered. The end of the war and its results upon his country all combine to confirm the wisdom of his judgment and course, and every lover of his country, when he looks into the noble face of this patriot, cannot help admiring the nobleness of character which dictated and actuated such an inde- pendent and upright life.

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An illustrated history of the state of Montana, containing biographical mention of its pioneers and prominent citizens, Part 130

Author: Miller, Joaquin, 1837-1913. cn Publication date: 1894 Publisher: Chicago, The Lewis pub. co. Number of Pages: 1216

Author: Miller, Joaquin, 1837-1913. cn
Publication date: 1894
Publisher: Chicago, The Lewis pub. co.
Number of Pages: 1216