USA > Nebraska > Hamilton County > History of Hamilton and Clay counties, Nebraska, Vol. I > Part 36
USA > Nebraska > Clay County > History of Hamilton and Clay counties, Nebraska, Vol. I > Part 36
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HISTORY OF NEBRASKA
Rose (member since 1908), and Conrad Hollenbeck (1915). From Ohio eame Judges T. O. C. Harrison (1894-1900), John B. Barnes (1904-1917), and Franeis G. Hamer (1912-1918). Indiana furnished Justices Amasa Cobb (1878-1892) and Silas A. Holcomb (1900-1906) ; Wisconsin, Justice Jacob Fawcett, (1908-1917) ; Iowa, Judges A. J. Cornish (1917-1920) and George A. Day (member in 1920), and Missouri, Judge Dean (1908-1910 and 1917 to date) and Judge Flansburg, member in 1920 born at Alma, Nebraska, while Judge Letton ( 1903 to date) first saw the light in the heathered hills of Scotland.
Judge Wm. A. Little was elected in 1866 but died before he qualified. Of Nebraska's first five judges, Lake, Crounse, Mason, Gantt and Maxwell, all had served as members of territorial legislatures, and all except Gantt in from one to three constitutional conventions, so it may truly be said of those founders of this court that they not only founded Nebraska's jurisprudence, but also assisted in laying the foundation of the state, in both enacting and administering her laws. Judge Crounse was only thirty-two years of age when placed on this beneh, and later he served as assistant secretary of the treasury under President Harrison, and as governor of the state in 1892-1893. Two other judges have served as gover- nor of the state, Silas A. Holcomb, who also served in his declining years as member of the State Board of Control until his death, and Chester H. Aldrich, a present member of the court. Judge Lake served sixteen years on the court ; Cobb, four- teen and Maxwell, the longest term of twenty-two years. He also served in Congress later, and was the author of several works on practice, still standard with the Nebraska Bar. Judge Reese was the first chief justice after the rotation, every two years changing, was abolished, and Judge Hollenbeck the first member elected on the nonpartisan ticket. Those judges who died while in office as mem- bers of the court have been, Gantt, Hollenbeck, Hamer, Sedgwick and Cornish. The present members are Andrew M. Morrissey (formerly of Valentine), chief justice, who was re-elected in 1920 to serve until 1927; Charles B. Letton, formerly of Fairbury, term expires 1925; William B. Rose, Lincoln, 1925; James R. Dean, Broken Bow, 1923; Chester H. Aldrich, formerly of David City, 1925; George A. Day, Omaha, 1923, and Leonard A. Flansburg, Lincoln, 1923.
At three periods in its history the Supreme Court has had a Supreme Court commission, and many of these commissioners have, since their service to this court, attained notable records in other fields. The first commission, which served from 1893 to 1899, were Robert Ryan, John M. Ragan and Frank Irvine, who later became a member of the New York Public Utilities Commission; on the second commission, from 1901 to 1902, George A. Day, for seventeen years district judge in Douglas County and now a member of the Supreme Court ; Samuel H. Sedg- wiek, for fifteen years a member of this court, and Roseoe Pound, dean of Har- vard Law School ; from 1902 to 1903, Charles S. Lohingier, now of the U. S. Court of China, and John B. Barnes, who went onto the court in 1904, and Charles B. Letton, 1902 to 1906, who also went onto the court: 1901 to 1904, William G. Hastings, for past ten years dean of the University of Nebraska Law School, John S. Kirkpatrick, now of Kansas City, Mo., and T. L. Albert of Columbus ; 1901 to 1906, Willis D. Oldham, of Kearney; 1901 to 1907, John H. Ames; 1901 to 1909, Edward Duffie; 1901 to 1906, Jacob Fawcett, later on the court: 1905 to 1909, N. D. Jackson: 1906 to 1909, Ambrose C. Epperson of Clay Center; 1907 to 1909, Edward E. Good and Elisha C. Calkins; and 1908 to 1909, Jesse 1 ..
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Root : and on the third commission, from 1915 to 1919, William C. Parriott of Auburn, lately of War Department Court in Washington, D. C., Fred O. MeGirr, of Beatrice, and ex-Atty .- Gen. Grant G. Martin; and from 1919 to date, Leonard A. Flansburg, who succeeded Judge Cornish on the court. George W. Tibbetts of Hastings, and Judge W. C. Dorsey of Bloomington, and succeeding Judge Flans- burg in 1920, W. M. Cain of Fremont.
THE BAR OF NEBRASKA
The Bar of Nebraska presents so many worthy names that to compile a history of the achievements of the lawyers of this state the compiler would really need a volume, instead of the short space of a chapter.
The roster of United States senators, congressmen and state officials already given in this work presents the names of many great lawyers of Nebraska, who after they had struggled years to build up a practice that would yield a com- petence and educate their growing families, or care for loved ones, if they had never married, were willing to undertake public service at the low rates of com- pensation which this state could afford through the pioneering days and the hard times of the nineties. It is only with the new constitution of 1920 that Nebraska has reached the point where she felt equal to paying public salaries in keeping with the public service she has received in the past and will continue to receive in the future from the class of citizens her electorate can choose its officers from.
THE DISTRICT BENCH OF NEBRASKA
While there is great honor to the exalted task of judge of the Supreme Court, it must be remembered it is no small undertaking to call upon any man to sit in judgment upon his neighbors, fellow citizens of communities where he has been acquainted for many years, to listen to the pleas of lawyers with whom he has practiced, in many instances, since his advent at the bar with his treasured sheepskin, and pass upon the rights of former clients or business associates. The review of the Supreme Court shows that a goodly number of Nebraska's district judges have been elevated to her supreme bench, and more would be if there were room. The Constitutional Convention of 1920 has recognized the ability of the regular trial judge to undertake even the functions of the higher court, and adopting the system of the federal bench, has provided that hereafter the chief justice of the Supreme Conrt may call upon the district judges to sit in the review of eases and assist the Supreme Court in its work.
Until 1825 the trial of cases in the district courts was carried on by the mem- bers of the Supreme Court, so the roster of district judges until that date coincides with the list of supreme judges.
In 1845 the state was divided into six districts, and the first set of district judges elected were, according to the districts. 1. A. J. Weaver. Falls City ; 2. Stephen B. Pound. Lincoln: 3. J. W. Savage, Omaha: 4. George W. Post. York: 5. William Gaslin, Jr .. Kearney: 6. Thomas L. Griffey. Dakota County, whose election was successfully contested by E. K. Valentine, who was elected to Congress in 1828 and succeeded by John B. Barnes, of Ponca. These six continued by reelection in 1829. except A. M. Post of Columbus succeeded his brother, Judge Post of York.
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Six judges appointed for new districts were: new 5th district, William HI. Morris, Crete; 6th, T. L. Norval, Seward; 9th, Fayette B. Tiffany, Albion; 10th, Samuel L. Savidge, Kearney : Eleazer Wakeley and James Neville, addition in Omaha. Samuel P. Davidson of Tecumseh took the place of Judge Pound, elected to Con- gress in 1882. In the next four years, two sets of changes were made and the num- ber of judges brought to twenty-three in twelve districts. Those elected in 1883 were: 1. J. H. Broady, Beatrice; Thos. Appelget, Tecumseh; 2d, S. B. Pound, Lincoln ; M. L. Hayward; Nebraska City : J. L. Mitchell of Nebraska City appointed in 1885, and S. M. Chapman of Plattsmouth elected in 1886 and also Allen W. Field of Lincoln; 3d, E. Wakeley and James Neville re-elected; L. A. Groff, appointed, 1887, and M. R. Ilopewell, Tekamah, appointed 1887: 4th, A. M. Post, Columbus, and Wm. Marshall, appointed 1887; 5th, Morris; 6th, Norval; 8th, Gaslin ; 9th, Tiffany, re-elected. In the 7th, J. C. Crawford of West Point and Isaac Powers, Jr., of Norfolk, appointed in 1887; T. O. C. Harrison, Grand Island, appointed 1887; 10th district, Francis G. Hamer, Kearney; 11th, J. E. Cochran, McCook, and 12th, M. P. Kinkaid, O'Neill, appointed 1887. The election of 1887 brought only three new judges to the district bench, George W. Doane and Joseph R. Clarkson, of Omaha; W. F. Norris of Ponca in the Sixth, vice Judge Crawford; and A. H. Church appointed to second seat in 10th district in 1889. In 1891 the state was divided into fifteen judicial districts with twenty-eight judges, and several new judges were appointed : Charles L. Hall and A. S. Tibbetts, of Lincoln in the second; H. J. Davis, Lee S. Estelle, A. N. Ferguson, and Frank Irvine in the third district ; Edward Bates of York, and Matt Miller of David City in the new 5th; E. M. Coffin of Ord in the new 11th, and A. W. Crites of Chadron in the 15th.
Before proceeding further it would not be inappropriate to review this list and recount the later achievements of some of these pioneer trial judges of the state. Some of them were commissioned to go to Washington and represent Nebraska in the halls of Congress ; nobably Judges Weaver, Valentine, and Kinkaid. Others were elevated to the supreme bench : Judges A. M. Post, T. L. Norval, T. O. C. Harrison, Francis G. Hamer; and Frank Irvine to the commission.
The election of 1891 continued Judges Chapman, Tibbetts, Hopewell, Ferguson, Davis, Bates, Norris, Ilarrison and Kinkaid. It brought onto the district bench the following judges, a list from which were to spring a number of men destined to achieve even greater honors: 1st. H. A. Babcock and J. E. Bush of Beatrice; 3d, Jesse B. Strode, elected to Congress in 1894; Charles L. Hall, Lincoln; A. S. Tib- betts, Lincoln, and Ed. P. Ilolmes, Lincoln ; 4th, W. C. Walton of Blair and from Omaha, Chas. Ogden, W. W. Keysor, R. C. Scott, G. W. Ambrose, J. H. Blair and E. R. Diffie; 5th, Robert Wheeler of Osceola; 6th, J. J. Sullivan of Columbus; 7th, W. G. Ilastings, of Wilber; 9th, N. D. Jackson of Neligh, J. S. Robinson of Madison ; 10th, F. B. Beall, Alma; 11th, John R. Thompson of Grand Island ; 12th, Silas A. Holcomb of Broken Bow: 13th, William Neville, North Platte, and 1I. M. Sinclair of Kearney ; 14th, D. T. Welty of Cambridge, and 15th, Alfred Bartow of Chadron. The election of 1895 brought to the district bench, 1st, ('. B. Letton of Fairbury and J. S. Stull, Auburn; 20, B. S. Ramsey, Platts- mouth; 3d, A. J. Cornish of Lincoln, who remained on the district bench for twenty-one years when he was elevated to the supreme bench where he remained until his death in 1920. Lincoln Frost of Lincoln was elected in 1897. In Omaha
Vol. 1-19
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HISTORY OF NEBRASKA
new judges were B. S. Baker, Chas. T. Dickinson, Jacob Fawcett, Clinton N. Powell and W. W. Slabaugh. 5th, S. H. Sedgwick of York; 6th district, in the following four years, I. L. Albert, Columbus, James A. Grimison of Schuyler and Conrad Hollenbeck of Fremont served short periods. Judge Hol- lenbeck remained on the district bench twenty-one years, when he was elected chief justice of the Supreme Court and died two weeks after taking the office. 8th, R. E. Evans of Dakota City and W. V. Allen of Madison, who when elected to the United States Senate was succeeded by Douglas Cones; 11th, A. A. Kendall, St. Paul ; 12th, H. M. Sullivan of Broken Bow and W. A. Greene of Kearney ; 13th, H. M. Grimes of North Platte, who in 1920 was elected to a seventh four year term: 14th, G. W. Norris, Beaver City, later of MeCook, and in the 15th, Wil- liam II. Westover of Rushville, who in 1920 was also elected to a seventh four-year term. The four year period following the election of 1899 brought a few new members to the district bench : 2d district. Paul Jessen, Nebraska City ; 4th, Irving F. Baxter of Omaha and Lee S. Estelle returned to the bench where he remained until his death in 1920, vice Judges Seott and Powell: George A. Day, now a member of the Supreme Court, where he was appointed after seventeen years of service on the district bench of Douglas County came on in 1902 as did Guy R. C. Read. In other districts judges who came on in 1899 election were: 5. B. F. Good of Wahoo and S. Il. Sornberger of York: 4th, C. W. Stubbs of Superior: 8th, Guy T. Graves of Pender, who is still serving and was re-elected to another term in 1920; 9th, J. F. Boyd of Oakdale elected November 6, 1900, to fill vacancy; 10th, E. B. Adams of Minden came on by election of 1899, as did, in 11th, C. A. Munn of Ord and James N. Paul of St. Paul, who remained for sixteen years on the bench : 12th, Charles B. Gutterson of Broken Bow succeeded H. M. Sulli- van; R. C. Orr of Hayes Center served with Judge Norris in the 14th, and J. J. Harrington of O'Neill came on for twelve years' service in the old 15th district. The election of 1903 and the four ensuing years brought a few changes. In the first district A. H. Babcock of Beatrice and W. II. Kelligar of Auburn succeeded Judges Letton and Stull. Judge Letton went onto the Supreme Court commis- sion and then onto the supreme bench, where in 1920 he is still serving. Judge John B. Raper of Pawnee City was elected in 1906 to fill vacancy, and has been serving continuously since and in 1920 was re-elected for another term of four years. In the 3d Willis G. Sears of Tekamah and A. C. Troup came on and in 1920 are still serving, and reelected for further service; William A. Redick of Omaha came on and has served ever since except two years; A. L. Sutton of Omaha came on and stayed until he resigned to run for governor in 1916, and Howard Kennedy, Jr., remained until he resigned to accept a seat on the New Board of Control of Public Institutions. In the 5th Arthur J. Evans of David City came on for four years; 6th, Jas. G. Reeder of Columbus; Cth, Leslie G. Hurd of Harvard, who served until 1917; 9th, with Judge Boyd came Anson A. Welch of Wayne, who in 1920 is still serving and re-elected for further service; 10th, G. 1. Adams of Minden for four years; and to sit with Judge Paul of the 11th, James R. Hanna of Greeley, who remained on the bench in this district untit his death seventeen years later, in June. 1920; and on the 12th Judge B. O. Hostetler of Kearney, who after serving seventeen years, was re-elected in 1920 for another fermi.
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The election of 1907 brought a very few changes in the membership of the state's district bench. L. M. Pemberton of Beatrice came on in the first to serve until January, 1921; 2d, Ilarvey D. Travis of Plattsmouth, who remained until his death in 1914; in the third, Judge Willard E. Stewart, who is still serving and was in 1920 re-elected, and who succeeded Judge Holmes; in the fourth the per- sonnel remained, Day, Estelle, Kennedy, Redick, Sears, Sutton and Troup; in the fifth, with Judge Good sat George F. Corcoran, who in 1920 was re-elected for another term; in the sixth, Judge Hollenbeck's working mate became George II. Thomas of Schuyler, and later Columbus, who remained on the bench until ill health in 1920 forced his resignation; in the tenth, Judge Harry S. Dungan of Hastings came on, to remain until 1921, having made the race for Congress in 1920 against the enormous republican landslide. In 1911 in the new 16th district, Ralph W. Hobart of Mitchell was appointed, and he is still serving, but in what is now the 17th district, and in 1920 was re-elected without opposition.
The election of 1911 brought few changes, County Judge P. James Cosgrove in Lincoln displacing Judge Frost; County Judge Charles Leslie in Omaha dis- placing Judge Rediek; E. E. Good in the Fifth still serving in 1920; in the fourteenth Ernest B. Perry of Cambridge coming on, to remain until his resigna- tion in 1919; in the 15th R. R. Dickson displacing Judge Harrington. Adding the 14th and 18th district placed Judge Hobart and Judge Pemberton into those districts.
In the following five year periods Governors John HI. Morehead and Keith Neville had the opportunity to appoint several distriet judges, namely : James T. Begley in the second; vice Judge Travis, deceased; Judge Fred Shepherd in 1916 won the seat of Judge Cornish, elected to supreme bench, and Judge Leonard A. Flansburg to succeed Judge Cosgrove, who became Judge Advocate in the Army; James P. English of Omaha, vice Judge Kennedy, resigned, and upon Judge English's death Arthur C. Wakeley of Omaha, son of Eleazer Wakeley of territorial and early statehood days; William A. Redick went back on the bench viee Judge Sutton resigned; F. W. Button of Fremont vice Judge Hollenbeck, elected chief justice of Supreme Court; Andrew R. Oleson of Wisner, new place created in 9th district.
The election of 1917 brought on hardly any change in the district bench. In the ith district Ralph D. Brown of Crete, vice Judge Hurd, and Bayard H. Paine of Grand Island, vice Judge Paul, who did not seek re-election, and ex-U. S. Senator William V. Allen of Madison succeeded Judge Oleson in the Ninth. A few changes ensued in the succeeding four years; Judge Flansburg of Lincoln was elevated to the Supreme Court commission, and Judge Elliot J. Clements appointed in his place; Judge William C. Dorsey of Bloomington, who had been appointed to a new place in the tenth district and William M. Morning to a new seat in Lan- caster County. Judge Dorsey was also elevated to the Supreme Court commission and W. A. Dilworth of Holdrege appointed in his place. When Judge Day suc- ceeded to Judge Sedgwick's seat, upon the latter's death, Charles A. Goss of Omaha was appointed by Governor MeKelvie; Judge A. M. Post of Columbus was appointed in the sixth vice Judge Thomas, resigned ; C. E. Eldred, McCook, vice Judge Perry, resigned, and Judge Edwin P. Clements of Ord in the eleventh vice Judge Hanna, deceased. The election of 1920 brought about the defeat of Judge Goss in Omaha, where James M. Fitzgerald and L. B. Day were elected to
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the seats of Judges Goss and Estelle, who died just before election; and General Leonard W. Colby of Beatrice defeated Judge Pemberton.
So the roster of judges beginning January, 1921, will be: 1. J. B. Raper, Pawnee City; 2. J. T. Begley, Papillion; 3. W. E. Stewart; W. M. Morning, Fred Shepherd and E. J. Clements of Lincoln; 4. W. G. Sears, Tekamah; A. C. Troup, W. A. Redick, Charles Leslie, A. C. Wakeley, J. M. Fitzgerald and L. B. Day, Omaha, 5. E. E. Good, Wahoo, and Geo. F. Corcoran, York; 6. F. W. But- ton, Fremont; A. M. Post, Columbus; ?. R. D. Brown, Crete; 8. Guy T. Graves, Pender; 9. A. A. Welch, Wayne; W. V. Allen, Madison; 10. W. A. Dilworth, Holdrege and Lewis H. Blackledge of Red Cloud, elected to Judge Dungan's seat ; 11. Bayard H. Paine, Grand Island, and Edwin P. Clements, Ord; 12. B. O. Hostetler, Kearney; 13. H. M. Grimes, North Platte; 14. C. E. Eldred, McCook; 15. R. R. Dickson, O'Neill; 16. W. H. Westover, Rushville; 12. R. W. Hobart, Gering, and 18. L. W. Colby, Beatrice.
The old district attorney system from 1868 to 1885, when the law was changed to provide for county attorneys in each county, brought into publie service over a district which allowed their ability to become recognized a group of Nebraska lawyers who deserve some mention. Those who served as district attorneys, with the number of terms and year of election, were: 1868, O. B. Hewitt, 2; John C. Cowin, Omaha, 2; E. F. Gray, Fremont, 2; 1872, A. J. Weaver, Falls City, 1: William J. Connell, Omaha, 3; Melville B. Hoxie, 3; 1874, C. J. Dilworth, father of present District Judge Dilworth, also an attorney-general of the state, 1: 1875, J. W. Eller, Omaha, 1; J. H. Broady, Lincoln. 1; John B. Barnes, Ponca, 2; 1876, J. P. Maule, Fairmont, 2; George S. Smith, Plattsmouth, 1; E. II. Buckingham of Omaha, succeeded by C. J. Greene of Omaha, 1; Manoah B. Reese, Wahoo, 3; 1878, John (. Watson, Nebraska City, 2; A. N. Ferguson. Omaha, 1; T. D. Scofield, Hastings, 1; C. C. McNish, Wisner, 2: 1880. Wm. H. Morris, Crete, 1; N. J. Burnham, Nebraska City; V. Bierbower, Sidney, 1. The election of 1882 brought in an entirely new set of district attorneys, and also the number of districts had been increased from six to seven and later three more were added. These were, 1st, Robert W. Sabin, Beatrice: 2d, J. B. Strode, Plattsmouth; 3d, Park Godwin, Omaha; 4th, Jacob C. Roberts, David City; 5th, George W. Bemis, Sutton (appointed 1883) ; 6th, Thomas Darnell, St. Paul; 7th, Wilbur F. Bryant, Ponca : 8th, W. S. Morlan, Arapahoc, later a prominent attorney at McCook; 9th, E. M. Coffin (appointed 1883), and 10th, J. W. Bix- ler, North Platte. Three of these, Strode, Darnall and Morlan remained over the last election of 1884, and the seven new ones chosen were: 1st, Daniel F. Osgood, Tecumseh ; 3d, Lee S. Estelle, Blair: 4th, Wm. Marshall, Fremont : 5th, Manford Savage, Hebron: 7th, Gny R. Wilber, St. Helena; 9th, N. D. Jackson, Neligh, and 10th, H. M. Sinclair, Plum Creek.
LEADERS OF THE BAR
As said in the first of this chapter, a volume rather than a chapter is needed to do justice to any recital of a record of the leaders of the bar throughout the state. But there are a few members of the Nebraska bar with long records of service and practice, who have preferred to remain with their faithful clientele rather than either go upon the bench or seek other political preferment that took
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them away from the practice for any extended period. While no doubt some injustice will be unwittingly done in leaving out some most worthy practitioners, in mentioning a scattered selection of a few, the compiler, who is himself a lawyer, admitted ten years ago, cannot withstand the opportunity of paying tribute to some of the leaders of the bars of the various counties in the earlier period of the state's formative career.
Much of the history of any community centers about the laws and the manner in which they are enforced. Civil law goes hand in hand with the first step of civilization into a new territory. The legislator and lawyer therefore make their appearance at the outset. It is not because the compiler, being a lawyer, desires to give undue preference to his own chosen profession that more personality and names of individuals will appear in the following brief review than in the treat- ment of other professions or lines of human activity in Nebraska, but because history is so largely biographical, and he knows not how else to present the history of this profession. In treating the press, while he would like to have gone into the personal qualifications of editors; in treating the church, talked more of indi- vidual ministers ; in discoursing on schools, societies and business concerns, given more credit to the individuals in charge and who planned and forced their growth, the result of the newspaper, the church, the school itself stands out more. But the practice and results of a law office depend so much more upon the individual, that one cannot speak of the composite attainments of a "Bar" (a group of lawyers in a certain county) without speaking of at least the foremost leaders in activity and accomplishments.
In the recent World war, this was emphatically impressed upon the general public, when, during the period for preparing and filing questionnaires, almost every judge, court reporter, elerk of district court, sheriff, county clerk, from one to three doctors in a community and every lawyer, gave some of his time, and many devoted from a month to six weeks in December, 1917. and January, 1918, to this task, to the neglect of the entire or major portion of their regular business. In Nebraska in only one instance has a firm of lawyers been attacked for making undue financial charges for this service, and their ease is still pending before a referee when these lines are written. In most instances no financial remuneration was asked or charged for this service. Lawyers, ministers, doctors, bankers, and other professional men are asked more than others to participate on the managing committee of practically every civil enterprise that comes up in the community, be it raising money for the band or church, a Red Cross or new hotel drive, or what, and they feel that there are remunerations about their work other than financial, and especial training about the same that imposes upon them the duty to respond.
THE EARLY BAR OF THE STATE
Quite a number of lawyers who practiced in territorial days and in the first quarter-century of the state's own history as a state made reputations that spread far beyond Nebraska's own borders.
Omaha-It will only be possible to call a roll of some of the pioneer lawyers of Omaha, whose names are yet familiar to the people of the city. Experience Estabrook was United States attorney in 1854, and in 1860 was delegate to Congress a short while. His son, Henry D. Estabrook, became general counsel
HISTORY OF NEBRASKA
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