Progressive men of the state of Montana, pt 1, Part 21

Author: Bowen, A.W., & Co., firm, publishers, Chicago
Publication date: [19-?]
Publisher: Chicago : A. W. Bowen & Co.
Number of Pages: 1374

USA > Montana > Progressive men of the state of Montana, pt 1 > Part 21

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Mr. Carroll is a Republican, giving time and at- tention to the demands of his party, but asking nothing for himself in return. He is an earnest and enthusiastic devotee at the altar of Freema- sonry, finding in its mystic symbolism food for in- tellectual entertainment and inspiration. He was initiated in Mount Moriah Lodge No. 24, at Butte in 1895, and has served the lodge as senior warden and as worshipful master for two successive terms. In the larger field of the craft he is a trustee of the Temple Association, having been elected to that position recently for the third term. In his pro- fession Mr. Carroll has been successful both in the standing among his brethren which he has won and in the substantial returns which have followed his efforts. He combines with the astuteness and ag- gressiveness of the lawyer, the courtesy and affa- bility of the gentleman, and has the breadth of view and scholarly attainment of the cultivated man of the world. Mr. Carroll was married in 1894 to Miss Annie Martin, a native of St. Clair, Pa. Her father is a veteran of the Civil war and is now liv- ing in Butte, where he is in the employ of the Par- rot Mining Co. Mr. and Mrs. Carroll have two children, a daughter, born December 9, 1896, and a son, born August 8, 1901.

JOHN B. CLAYBERG .- All human achieve- J ments, all human weal or woe, all things within the mental ken, are but mirrored back from the composite individuality of those who have lived. In entering a record of the career of one who has played well his part in life and who has left the im- press of his character upon the economic fabric of state or nation, does a work of this nature exercise its supreme function,.and as such a privilege is af- forded us in reviewing the life of John Bertrand Clayberg, one of the most distinguished represen- tatives of the bar of Montana. Mr. Clayberg was born near Cuba, Fulton county, Ill., on October 8, 1853, the son of George and Elizabeth (Baughman) Clayberg, the former of whom is of Saxon lineage, the latter of German. His paternal grandfather came from Saxony to the United States about 1790, settling first in Pennsylvania and then in Ohio when his son George was about sixteen years

of age. The latter removed from Ohio to Illinois in 1834, and there passed the residue of his useful and honorable life, his death occurring in 1889. His widow, now ninety years of age, is a resident of Cuba, Ill. Of her children, four sons and one daughter, John B. Clayberg is the only one resid- ing in Montana.

John B. Clayberg passed his boyhood upon the parental homestead farm, and he was afforded ex- cellent educational advantages. Prior to attain- ing his legal majority he had acquired a good aca- demic education, and made marked advancement in the study of Latin and mathematics. Of alert and vigorous mentality, he early manifested a dis- tinct predilection for the law. Accordingly he completed a full course in the law department of the University of Michigan, Ann Arbor, graduating with the class of 1875. He also took an elective course in the literary department in such branches as would broaden his fund of accurate information. During the last year of his student life he was given the privilege of aiding the distinguished jurist, Judge T. M. Cooley, then at the head of the law department, in the compilation of his well known and authoritative works on taxation, torts and other technical subjects of the science of jurisprudence. That Mr. Clayberg was selected for this work is sufficient evidence of his early rank as a student. In 1875, having been admitted to the bar of Michi- gan, Mr. Clayberg went to Lansing, the capital city, where he formed a partnership with the Hon. Samuel L. Kilbourne, which continued until 1877, when he located in Alpena, Mich., and was there associated with Robert J. Kelly until 1882, and then with George Slater until he came to Helena in 1884. At Helena he was soon associated with Hon. T. H. Carter, and, in 1889, Judge N. W. McConnell be- came their partner. Mr. Carter was elected to congress in 1889 and withdrew from the firm, which in 1892 became McConnell, Clayberg & Gunn, the new member being Milton S. Gunn. Mr. Clayberg retired from the firm in 1896, but within 1897 became again associated in practice with Mr. Gunn in the law firm of Clayberg & Gunn, which alliance has since obtained. The practice of these firms extended into the federal and state courts, and in this Mr. Clayberg has taken an important part under the various partnership associations, having been connected with much of the notable litigation of the state and having gained precedence as one of the most able members of the bar of the state. To indicate his capability as an attorney

PROGRESSIVE MEN OF MONTANA.

and counselor we quote from a published sketch : "He is cogent, incisive and clear in utterance, and his reasoning is inspired by logic so forcible that his opponents rarely dislodge him; and in the preparation of his cases he is thorough, mastering to the minutest detail every scintilla of evidence, in the arrangement of which it is said he displays the sagacity of a field marshal. As a counselor he is deliberate, pondering well the points as they touch parallels in his wide range of reading and practice, and, being somewhat conservative, reaches conclusions through a process of mental comparisons peculiar to trained thinkers. To his profession he is devoted, and is a close student in the literature of the law."

While in politics Mr. Clayberg renders a stanch allegiance to the principles and policies of the Dem- ocratic party, he has been signally averse to ac- cepting public office. Thus he has held only one official preferment in the gift of his party, that of attorney-general of Montana in 1891. In 1891 also the regents of his alma mater appointed him lecturer on mining law in that institution, his pecu- liar eligibility for the position being unmistakable, since he had been intimately concerned with the legal phases of this industry during his long resi- dence in Montana, and this office Mr. Clayberg still retains. His clientage has ever been of a high or- der and he has appeared as attorney and counselor in many of the great capitalistic struggles of the state. He was one of the leading attorneys in the litigation incident to the celebrated contesting of the will of the late Andrew J. Davis, of Butte, whose estate was one of the largest in the west, being here arrayed with such eminent lawyers as the late Robert G. Ingersoll and Nathaniel Myers, of New York. Fraternally Mr. Clayberg is identi- fied with the Masonic order and the Benevolent Protective Order of Elks, and in the former he maintains his·membership in Michigan, where he received the degrees of the various bodies. On September 10, 1878, Mr. Clayberg was united in marriage to Miss Kate C. Edwards, daughter of C. Y. Edwards, one of the prominent pioneer citi- zens of Lansing, Mich. They have two sons, Ho- bart L. and Edmund E.

H ON. WALTER F. CHADWICK was for many years one of the most prominent and successful attorneys in Helena, Mont. He was born at Geneseo, Livingston county, N. Y., on

October 14, 1836. His education was received at the Geneseo Academy, supplemented by a course at college. In company with Gen. James Wood, Mr. Chadwick read law under the able direction of Gov. John Young and was admitted to practice at Rochester, N. Y., on September 7, 1857. It was in 1859 and in his twenty-third year that Mr. Chadwick first came west. He passed over two years in Iowa, and in 1861 went to the Pacific coast and located at Sacramento, Cal. Subsequently he was at Portland, Ore., and in 1863 he removed to San Francisco, where he practiced law and also ac- quired knowledge of quartz mining. From 1864 until 1866 he was located at Virginia City, Nev., whence he removed to Salt Lake City, and in May, 1866, he arrived in Helena where he resided in and created and enjoyed a most lucrative practice until his death on September 23, 1885.

Shortly after coming to Helena Mr. Chadwick was admitted to the law firm of Cavanaugh, Chad- wick & Parrott. This firm continued until Mr. Cavanaugh's election to congress in 1867, and then Chadwick & Parrott continued the business until I868. Mr. Chadwick was associated with Judge Chumasero in legal practice from 1870 until 1885. In 1877 Mr. Chadwick was elected to the territorial legislature, served as chairman of the judiciary committee, assisted in revising the civil practice to conform to that of California, and in the adoption of an entirely new probate practice act. During this per- iod he was largely interested in mines in Montana, and was one of the principal owners of the Bald Butte mine, one of the best dividend payers in the state. On February 4, 1869, he was united in mar- riage to Miss Norma D. Ewing, of Missouri, daughter of Judge R. C. Ewing, an eminent jurist of that state.

Politically the 'affiliations of Mr. Chadwick were with the Democratic party, and he took a lively in- terest in its campaigns. That he exercised a wide influence in the councils of his party is undoubted. He was a man highly esteemed and he possessed the full confidence of the community in which he so long resided. At the Montana bar his superior legal ability was promptly recognized. Some of the most important causes ever tried in the terri- tory were confided to his care, and his unswerving devotion to his clients was a marked and honorable characteristic of the man. He achieved a legal reputation second to none in the northwest, but his kindlier qualities of mind and heart were also duly accorded the merit they so justly deserved.

PROGRESSIVE MEN OF MONTANA.

M ILTON CAUBY .- One of the few remain- ing members of the celebrated constitutional convention of Montana which met in 1889 and gave the state her present excellent constitution, and also participated as a soldier during the terrible struggle of our Civil war, is Milton Cauby, an hon- ored resident of East Helena, now enjoying in the evening of his busy life the peaceful and gratifying reflections which follow a life of usefulness to man- kind and faithful service in time of need to his country. He was born in Cass county, Ill., January 1, 1838, the son of Daniel and Martha Cauby, natives of the states of Tennessee and Kentucky respectively, who removed to Illi- nois in 1828, and in 1856 to Futnam county, Mo., where they died, the mother in March, 1872, and the father in October, 1879. The Cauby's removed originally from Pennsylvania to Tennessee, the founder of the family having been our subject's grandfather, Joseph Cauby.

Milton Cauby was one of eleven children and two sons are now living in Montana. Milton was reared in Illinois, remaining there and attending school until he was in his eighteenth year. He then taught in the public schools, and followed various occupations until January 1, 1862, when he enlisted in the First Missouri Cavalry, and served three years and three months, principally in Mis- souri and the southwest, doing valiant duty in the engagement at Jefferson City against Price's army and many other encounters. After the war he was respectively clerk and recorder, probate judge and county commissioner of Putnam county, Mo., and remained in the state until 1884, when he came to Montana, settling first at Wickes, but four years later removing to East Helena, which has since been his home. In 1889 he was elected to the constitutional convention, and was conspicuous in the body for breadth of view and full and accurate knowledge of public affairs and fundamental princi- ples of law. He has been a life-long Republican in politics, fraternally he belongs to the Masons, the Odd Fellows and the Grand Army of the Re- public. He was married in Missouri in 1868 to Miss Sarah J. Foster, of Ohio.

JAMES M. CLEMENTS .- Not all men order their lives to their liking, nor yet are all men true to their ideals and intrinsic potentiality, thus it is always gratifying to take under review the career

of one who has held himself well in hand and has essentially attained that degree of success to which his abilities and powers entitle him. In such man- ner may we refer to the life of Judge J. M. Clem- ents. Chauncy M. Depew once gave utterance

to the striking metaphrase : "Some men are born great ; some achieve greatness and some are born in Ohio." The inference is not far to seck and under this category Judge Clements may lay claim to the distinction of having been born in the good old Buckeye state, the date of his nativity being October 1, 1849. His parents, John R. and Me- linda (Ramage) Clements, were both natives of Ohio, the father, a farmer, removed to Jasper county, Iowa, in 1855, and there passed the residue of his life, dying in November, 1888. His widow is still living at Newton, Iowa. Of their five sons and one daughter, Judge Clements was the only one to become a resident of Montana. James Clements, his paternal grandfather, emigrated from Pennsylvania to Ohio in an early day and there his death occurred in November, 1859.

James M. Clements was reared to maturity in Iowa, receiving education and discipline in the public schools and beginning his individual career as a farmer also in Iowa. His ambition, however, prompted him to a wider field of endeavor, and in 1870 he entered the law office of Ryan Brothers, lcading attorneys of Newton, Iowa, where he pur- sued his technical reading for the profession which he has honored by his efforts and services. He also devoted attention to stenography, which later proved of much value to him. He was admitted to the bar of Iowa in 1873, having devoted himself to legal work and stenographic work in the mean- while. In April, 1873, he came to Montana, mak- ing the trip by the Missouri river to Fort Benton and thence to Helena. In this vicinity and at Unionville he followed mining until June, 1875, when by the Missouri river route he returned to Iowa. In that state he was engaged as a court reporter in the Sixth and Thirteenth districts until October, 1877, and in March, 1877, was there cele- brated his marriage to Miss Alta Cook, a native of Illinois, and of this union five children have been born, Rhea C., Floy, Burke, James M., Jr., and Van., all of whom are living.

In October, 1877, Mr. Clements returned to Montana and accepted the position of court sten- ographer at Helena under Judge Wade, retaining this incumbency until February, 1879, and he was the first to occupy this position in the territory.

PROGRESSIVE MEN OF MONTANA.

Later he returned again to Iowa, and for four years served as court stenographer for the Sixth district. In 1883 he associated himself with S. C. Cook in the practice of law at Newton, Iowa, where he con- tinued until May, 1886, when he retraced his steps to Montana and to Helena, which has since been his home and base of professional endeavors. He was the Democratic candidate for probate judge of Lewis and Clarke county in 1886, was successful at the polls and filled the position with ability dur- ing 1887 and 1888. After the expiration of his term Judge Clements entered upon private legal practice in Helena, where he has a valuable clientage and holds high precedence at the bar and as a coun- selor. In politics Judge Clements gave his sup- port to the Democratic party until 1896, and since then he has been a zealous advocate of the People's party. He "stumped" the state in the interests of the Democratic party in 1888, took a prominent part in the contest which resulted in making Helena the capital of the state, and has at all times mani- fested a lively interest in the progress and material prosperity of this favored commonwealth. In 1896 the Judge was the candidate of the People's party for judge of the supreme bench, meeting the defeat which attended the party.

H ON. BENJAMIN F. WHITE .- "Success treads on the heels of every right effort," said Samuel Smiles, and amid all the theorizing as to the cause of what is somewhat indefinitely desig- nated as success, there can be no doubt that the aphorism above quoted has its origin in fact, sig- nifying that character is the real basis of success in any field of thought or of active endeavor. One of the sterling pioneer citizens of Montana, in speak- ing of ex-Gov. White, said: "His is a well rounded character, and he fully justifies the reputa- tion which is his : A man of inflexible integrity, of keenest business ability, of broad and liberal views and distinct individuality. He has been eminently successful in temporal affairs, the result of his own efforts ; he has served Montana in positions of high public trust and responsibility, and has served well, this being the result of his ability and unbend- ing rectitude; he has ever commanded the confi- dence and esteem of the people, this being the re- sult of his intrinsic attributes of character." A better summing up could scarcely be given in as few words, and it is proper that a record concerning

the career of this earnest and progressive citizen, the last governor of the territory of Montana and who contributed in large measure to the material progress and upbuilding of our great common- wealth, should here be given-the history of Mon- tana would be incomplete without it.

Mr. White comes of stanch old English stock, and the family, in direct and collateral branches, has been identified with the annals of American history since the early colonial epoch, records ex- tant showing that certain of his direct ancestors sailed from England on the Mayflower, on her first voyage, landing at historic old Plymouth Rock, while P. White, the first child born in the Massachusetts colony after the landing of the Pil- grims, figures as one from whom Gov. White is a direct descendant. From a published review touching the family history we quote as follows : "They have been a temperate, industrious and God- fearing family, noted for their integrity of charac- ter and also for their longevity. In Massachusetts and Rhode Island they were for many years prom- inent and successful manufacturers of cotton goods, and for generations they took a prominent part in all that pertained to the well being of church and state, being mostly Baptists in their religious faith. Both grandfather William White and Gov. White's father, Benjamin White, were born in Ply- mouth, Mass. The latter married Miss Caroline Stockbridge, a native of Hanover, Mass. She also was a descendant of one of the old New England families." Benjamin White was a man of promi- nence and influence, and during his entire business life was engaged in the manufacture of cotton sheeting and candle wick, controlling a large trade and being a man of ability and spotless character. He died at the old home in New Bedford, Mass., in the ninetieth year of his age, and his widow lived to attain the age of eighty-nine, her death occurring at New Bedford in the year 1894. They became the parents of two sons: George M., who is now living at North Rochester, Mass., and Benjamin F., the immediate subject of this review.

· Benjamin F. White was born in New Bedford, Bristol county, Mass., on December 3, 1838, and completed his early educational discipline in Pearce Academy, at ·Middleburg. His self-reliant and am- bitious spirit early showed its domination, and in 1854, at the age of sixteen years, we find the future governor of Montana shipping as a sailor before the mast and making his first voyage on the clipper ship Kathay, from New York to Sidney, Aus-

PROGRESSIVE MEN OF MONTANA.

tralia. His second voyage, in 1856, was to San Francisco, Cal., and upon his arrival at the Golden Gate the attractions proved sufficient to cause him to abandon a seafaring life and locate there. In 1857 he took charge of a large fruit farm in Napa county, Cal., where he remained until 1866, in the meantime devoting careful attention to the reading of law. The same year he went to Idaho, of which Montana was then an integral part, located in Malad City and was admitted to the bar of the ter- ritory in 1868. He there entered upon the practice of his profession, also held the office of clerk of the United States district court, and in 1868, on the anti-Mormon ticket, was elected clerk and recorder of Oneida county. During his residence in Malad City he was associated with others in the manufac- ture of salt, the product being secured from salt springs located in the mountains about 100 miles north of that point. The business became one of considerable importance and proved very remuner- ative until cheap transportation was afforded with the advent of the Northern Pacific Railroad. When they began operations salt commanded one dollar a pound in Montana, and for some time they util- ized about 300 ox teams in delivering their product in the various towns and mining camps throughout Idaho and Montana territory. Following the construction of the Utah Northern Railroad to Butte, in 1881, Mr. White became an interested principal in the firm of Sebree, Ferris & White, doing a general merchandising and supply business in all the towns along the line as it advanced. The same year the firm founded the first banking institu- tion in Dillon, Mr. White becoming cashier, and in 1884 they merged the same into the First National Bank of Dillon, this being one of the first national banks in the territory, Mr. White holding the posi- tion of cashier until 1888, when he was elected to the presidency of the institution, which he has since retained. Under his administration the bank's af- fairs have been carefully handled, due conserva- tism being observed at all times; his hand has steadily guided its destinies through times of finan- cial unrest and panic, ever keeping its condition at the maximum point of safety, thus retaining to it the confidence of its patrons and the general pub- lic. It is now, as it ever has been, considered one of the most solid and ably conducted monetary in- stitutions in the state. In the year 1880 Gov. White and his partner, Howard Sebree, purchased for a consideration of $12,500 the 400 acres of land on which the beautiful little city of Dillon now 2

stands. They platted the town, and in September of that year had a sale of town lots from which they realized considerably more than the purchase price of the original tract. As has been said in another publication "They thus became the founders of the town, and since then have become its most promi- nent builders, having erected a large proportion of the best buildings. Truthfully may it be said that every brick in these substantial structures is an in- tegral portion of an enduring monument to Gov. White's business sagacity and enterprise." In short, it may be said that the subject of this sketch has a distinctive capacity for the successful management of affairs of wide scope and importance ; that he has the just confidence in his own powers which beget definite action and insures confidence. Not the iconoclast, but rather the builder is the man who is of value; and while his personal success has been insured through his own efforts, his influence has constantly widened to include and insure success to many of his fellow men. The city of Dillon stands as an ex- emplification of the utilization of his initi- ative and creative talent ; and yet, how greatly have others profited by every undertaking and en- terprise which he has here inaugurated. The dy- namic force of his strong individuality has not ex- pended its energies in supine inactivity, but has been a power for good in whatever channel he lias directed its course. In politics Gov. White has ever accorded unmeasured allegiance to the Republican party, whose principles and policies he has ably and loyally advocated, for in nothing that engages his thought or enlists his co-operation is he ever found apathetic or half-hearted. When he took up his residence in Dillon the normal political com- plexion of Beaverhead showed the strong impreg- nation of Democracy, and all officers chosen in the county had been of that political faith. In 1882 he was the nominee of the Republicans for repre- sentative in the territorial council, and was elected by a majority of 300 votes, though pitted against the strongest man the Democrats could put forth. The change was one of a radical nature, and indi- cated the popular confidence and esteem in which Mr. White was held. He served during the session of 1882-3 and was an influential member of the ter- ritorial legislature, where his voice and power were ever exercised in the support of measures for the good of the territory and its people, while he never abated his loyalty to the cause of his party. Recog-

PROGRESSIVE MEN OF MONTANA.

nizing his unmistakable eligibility for the office and the valuable services he had rendered in the party ranks, in 1888 President Harrison nominated him for governor of the territory, the nomination being confirmed by congress on March 29, 1889. He held the gubernatorial office, administering its affairs with dignity, discrimination and ability, until his tenure of the same expired by reason of the admission of Montana to the sisterhood of states, an object for which he had been one of the most enthusiastic and insistent of workers, said admis- sion occurring in October, 1889. The governor was a member of the state canvassing board, in which capacity he gave efficient assistance in pre- venting the opposition from robbing the state of its franchise. He also was most prominently con- cerned in bringing about the incorporation of the city of Dillon, being elected its first mayor and thereafter serving in that capacity for several terms, while in all that concerns the legitimate advance- ment and material prosperity of his city his interest has continued deep and unflagging. He has accum- ulated a fortune through his timely and well-di- rected endeavors in various fields of usefulness, and his career is one on which rests no shadow of wrong or injustice.

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Progressive men of the state of Montana, pt 1, Part 21

Author: Bowen, A.W., & Co., firm, publishers, Chicago Publication date: [19-?] Publisher: Chicago : A. W. Bowen & Co. Number of Pages: 1374

Author: Bowen, A.W., & Co., firm, publishers, Chicago
Publication date: [19-?]
Publisher: Chicago : A. W. Bowen & Co.
Number of Pages: 1374