USA > Nebraska > Douglas County > Omaha > History of the city of Omaha, Nebraska > Part 35
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One of the institutions of those early days, and which has since become historical, was an organization known as the Omaha Claim Club. This organization was composed of about two hundred individuals who were among the earliest settlers of Omaha and the surrounding community. The land laws of the United States permitted every person who came within their terms to settle upon
160 acres of government land, and perfect his title and secure his patent; but the early settlers thought that, because they came here in an early day, they had acquired superior rights to even the laws of Congress upon the subject of the location of govern- ment land, and so this organization was for the purpose of protecting any of its members in pre-empting and holding 320 aeres of land; and no person who came upon this soil, and sought to locate in the exact terms of the law upon government land, was per- mitted to enjoy the fruits of his labor, but whenever he attempted it he was waited upon by a committee and informed, under certain pains and penalties to be adminis- tered by the club, that he must deed his land to the member of the club desiring it. If not, at times he was ducked in the Missouri River; at other times his little shanty, located upon his government land, was burned down; or perhaps a stray shot would " wing " him; and at last he would be driven from the land, if he was so contu- maeious as not to comply with the require- ments of the club.
This organization became a fruitful source of litigation in this community, not only during the territorial days, but in the days of Statehood: but the. majority of the mem- bers of the Claim Club were enabled to hold their lands by some means, and many of them, who have since become rich and hon- ored in the community, have become so because of their membership in this club. Many a case has gone through the courts of the territory, as well as through the courts of the State, involving the history and action of this Claim Club, and two notable ones were decided by the Supreme Court of the United States; one, the case of Pierce vs. Brown, in 7th Wallace, 214, the other, Alexander II. Baker vs. William S. T. Mor- ton, et al., decided in 12th Wallace, 150.
Mr. Baker, who was for a great many years a well-known citizen of this city, and who is now a resident of Grand Island, located
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HISTORY OF THE CITY OF OMAHA.
upon 160 acres of land in what is known as Orchard Hill, and Brown located upon the adjoining 160 acres. Neither Brown nor Baker were members of the Claim Club, but Pierce was, and he feasted his greedy eye upon those choice 320 acres, and set about to obtain them; and he did, as is alleged in the case, with other persons who were members of the club, procure a deed both from Baker and Brown for their pre-emption claims after the title had inured to them under the land laws of the United States. This was brought about by Pierce, with other members of the club, going to these two gentlemen and threatening to take their lives by hanging or drowning them, or in such other manner as the agents of the club might think fit and proper to employ.
This was in 1857; and, upon their acquir- ing the pre-emption title from the govern- ment, these threats were about to be carried into execution, when these gentlemen con- veyed to Pierce their pre-emption entries. Afterwards, bills in equity were filed in the territorial courts, alleging these threats, and that the conveyances were obtained by duress. The courts of the territory, as well as the Circuit Court of the United States for this district, decided against the gentle- men and sustained the conveyances thus obtained. Upon appeal to the Supreme Court of the United States, that court made very swift work of setting aside the decrees of the Circuit Court of the United States, and held that the conveyances were obtained by duress, and reinstated Mr. Baker and Mr. Brown in their titles.
The attorneys who were instrumental in obtaining the decision of the Supreme Court were Messrs. Redick and Briggs, while the attorney who contended for Pierce and Morton was Mr. Woolworth. The records of the testimony in those two cases are still extant, and the student who desires to be- come acquainted with the modes and opera- tions of the early settlers in Nebraska Ter-
ritory will find very choice reading by consulting those printed records .*
DAYS OF STATEHOOD.
Nebraska was admitted as a State March 1, 1867. The constitution was adopted in 1866 by a vote of the people, at which time William A. Little was elected Chief Justice and George B. Lake and Lorenzo Crounse Associate Justices. Mr. Little died before having qualified for the office, and Governor David Butler appointed O. P. Mason, of Nebraska City, to fill the vacancy. The State then consisted of but three districts. Judge Mason was assigned to the first dis- trict, Judge Lake to the second, and Judge Crounse to the third. These judges, under the constitution, were judges of the Supreme Court, with power to hold the courts of the three districts, and twice a year they met as a Supreme Court to listen to appeals and writs of error, the judge from whom the appeal or writ of error was taken not sitting in the appellate court. This condition of things continued until the adoption of the constitution in 1875, when they ceased to hold the district courts, the State having been re-districted and other judges elected for the district courts. The first term of the court for this district, the second under the State constitution, was held at Omaha, April 16, 1867, Judge Lake presiding, with George Armstrong, clerk, Andrew Del- lone, sheriff, and George W. Doane, prose- euting attorney. The members of the bar, then engaged in active practice here, were James M. Woolworth, A. J. Poppleton, John I. Redick, Clinton Briggs, George W. Doane, John R. Meredith, Charles II. Brown, Ex- perience Estabrook, Albert Swartzlander, George II. Roberts, Silas A. Strickland, J. C. Ambrose, John D. Howe, George C. Hop- kins, George M. O'Brien, Ben. Sheeks and Charles P. Burkitt.
*The writer wishes to acknowledge the receipt of valuable information, coocerniog those early days, from Charles P. Birkett, and from Hon. James M. Woolworth in his article in Volume IX of Magazine of Western History.
Cleiton Bringes
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BENCHI AND BAR REMINISCENCES.
That term was held in the old court house, then standing at the corner of Sixteenth and Farnam. Upon the assembling of court that morning, the writer, having arrived in Omaha the month previous, walked into the court room for the first time, and his recol- lection of its surroundings are quite vivid. The judge's raised desk was at the south end, in front of which sat the clerk. The bar was fenced off with a wooden railing, and on either side were the petit and grand jury boxes, on raised seats. Two old-fash- ioned heating stoves warmed the room, the space outside of the railing being allotted to witnesses and spectators.
Time has made wonderful changes since those days. Old age, with its gray hairs and wrinkled brows, has taken the place of youthful activity. Wealth has favored some, and the plodding of everyday life still exists with the many. But, with all this, let a plurality of those wise, gray heads and (by no means few) bald-heads get together, and the live scenes of our court room enact- ment are still the subject of much merri- ment.
Upon the opening of court, James W. Savage, John C. Cowin, Champion S. Chase, and the writer were admitted to the bar. Of these four, James W. Savage has been the first to solve the mystery of the Infinite; and, of those who were then active practi- tioners, Clinton Briggs, John R. Meredith, Silas A. Strickland and George M. O'Brien have died. The balance of those then pres- ent are still here, with the exception of George H. Roberts, George C. Hopkins, Ben. Sheeks and J. C. Ambrose, either en- gaged in the active practice of their profes- sion, or retired upon a competency. The business of the court, after the admission of the gentlemen named, proceeded in the usual way, with a call of the docket and the an- swers of attorneys who were fortunate enough to have any business. There were then no printed dockets, and the writer rec- ollects that the clerk had prepared his docket
for the use of the court, from which the at- torneys had abstracted their cases, in little pass books, and, as the judge made the call, notations were entered in these little books as to the disposition of the various suits. The first jury case, in the second district, taken up at this first term of court under the State government was entitled, “State of Nebraska vs. Ottway G. Baker, for mur- der," and the first jury called consisted of the following named persons: James Slight- man, Wm. T. Clark, Charles Powell, Edward Whitehorn, Tholemiah A. Megeath, Wm. Neighly, Dorland L. Clapp, Enos Scherbe, James L. Ilawkins, Wm. II. Lawton, James M. Parker, and Milton C. Outhwaite. The history of this trial is referred to elsewhere.
The district court continued to be held by Judge Lake as associate justice of the Supreme Court until the adoption of the present constitution in 1875. In November of that year, James W. Savage was elected judge of this district, now become the third under the re-districting of the State, and composed of the counties of Sarpy, Douglas, Washington and Burt. He was nominated as a Democrat, in a district supposed to be overwhelmingly Republican, his competitor being John M. Thurston, to whom it was no reproach to be defeated by Judge Sav- age, under the circumstances, for the latter was much more generally known throughout the district, was more advanced in years and practice, and possessed great personal popu- larity. Mr. Thurston has since achieved sueh distinction that his defeat at that time has been to him a subject of congratulation. In November, 1879, Judge Savage was re-elected for another term of four years, but resigned in 1882, when James Neville was appointed to fill out his unexpired term.
In 1879 Judge Savage's competitor was Charles A. Baldwin, Esq. The Legislature of 1883 having made provisions for two judges of this district, Hon. Eleazer Wake- ley was appointed by Governor Dawes to
15
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HISTORY OF THE CITY OF OMAHA.
serve with Judge Neville. Although a Democrat of pronounced views, Judge Wake- ley was unanimously selected by the bar of the district to fill the position, and was also heartily endorsed for the appointment by the citizens of the district generally, irre- spective of politics. In the fall of that year these two judges were elected for a term of four years, at the end of which period Judge Neville announced his decision to retire from the bench. In the meantime there had bech such an increase in the business of the court that the Legislature of 1887 passed an act providing for four judges for this district, and Governor Thayer appointed Lewis A. Groff, Esq., of this city, and M. R. Hope- well, Esq., of Burt County, as the two addi- tional judges. Just previous to the election in November, 1887, at a meeting of the bar of the district, Judges Wakeley, Ilopewell and Groff were unanimously endorsed for renomination. The two latter being Repub- licans left the fourth place to be filled by the Democratic convention, which placed in nomination the name of W. A. Stowe, of this city, who was entirely acceptable to the bar. The nomination was made on Saturday, and on the Tuesday following, while attending a case in the Supreme Court at Lincoln, Mr. Stowe was stricken with apoplexy, and died a few days later.
The members of the bar then, in a peti- tion universally signed, requested lIon. George W. Doane to allow his name to be used upon a ticket with the other three judges, as a non-partisan, to which he as- sented, and the four gentlemen named were all elected, notwithstanding an exciting po- litical contest, the Republican party having placed in nomination for the position four lawyers belonging to that party. In Sep- tember, 1889, Judge Groff resigned to ac- cept an appointment as commissioner of the general land office, tendered to him by Pres- ident Harrison. As his successor, at a bar meeting held for that purpose, Joseph R. Clarkson, Esq., was selected, and again the
Republican party placed its own candidate in nomination, in the person of Herbert J. Davis, Esq., who was appointed by Gov- ernor Thayer to serve until the general elee- tion, in November following. Mr. Clarkson was elected by a decisive majority and served until March, 1891, when he resigned the position.
In 1891 an act was passed by the Legisla- ture providing for three additional judges for this district, on account of the remarka- ble increase of business, and the bar again convened for the purpose of making nomi- nations for judges, three to comply with the provisions of the act, and one to fill the va- caney caused by the resignation of Judge Clarkson. The meeting was held March 28, 1891, when Herbert J. Davis, Frank J. Irvine, Lee S. Estelle and Arthur N. Fergu- son were chosen, and on the 31st of March they were appointed by Governor Boyd. In November, 1891, the following judges were elected by vote of the people: George W. Doane, M. R. Hopewell, C. R. Scott, A. N. Ferguson, W. W. Keysor, Frank Irvine, II. J. Davis.
As illustrative of the growth of the legal business of this county, it may be stated that the first printed docket, dated Novem- ber, 1871, contained 409 cases; the docket of the June term following contained 321 cases: that of the June term, 1880, contained 418 cases; the docket of the May term, 1888, contained 1,389 cases; and that of the February term, 1891, contained 2,407 cases. In these dockets only civil cases appear, no attention being paid to printing the docket of the criminal calendar.
In the first printed bar docket for this county, appear the names of fifty-six attor- neys, while on that of the docket for the February term, 1891, are the names of 350 attorneys.
The space allotted will allow personal mention of but a few of the large number of attorneys now in active practice, and the writer has been under the necessity of con-
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DOUGLAS COUNTY BAR MEMBERSHIP.
fining himself to such of the older class of lawyers as, by their years and prominence in the profession, would seem to require more than a mere mention in the general list.
The following is the present membership of the Douglas County bar, June 1, 1892:
Abbott, L. I .; Adams, Ben. S .; Adams, Isaac; Ambrose, Geo. W .; Anderson, Gustave; Anderson, W. A .; Andrews, I. R .; Anstine, S. R.
Bachelor, I. C .; Baker, Ben. S .; Baird, William; Baldridge, Howard H .; Baldwin, Arthur E .; Bald- win, Charles A .; Balliet, C. H .: Barnard, J. C .; Bartholomew, W. O .; Bartlett, Edmund M .; Bax- ter, Irving F .; Beckett, William D .; Beekman, W. H .; Benson, H. H .: Benson, N. I .; Bertrand, George E .; Bevins, Andrew: Birkett, Charles P .; Blair, Joseph H .; Bloom, Simeon; Boucher, J. J .; Bow- man, G. G .; Bradley, Edgar S .; Bradley, L. H .; Breck, C. H .; Breckenridge, C. F .; Breckenridge, R. W .; Breen, John P .; Broderick, T. S .; Brogan, F. A .: Brome, H. C .; Brown, Charles H .; Brown, George F .; Bryant, James S .; Burbank, B. G .; Burgner, John Q .; Burnham, Leavitt.
Calder, George O .; Capek, Thomas: Carr,James W .; Carr, John L .; Carroll, W. J .; Cartan, D. L .: Cathers, John T; Cavanagh, J. A .; Charlton, Paul; Chase,Champion S .; Christofferson, George; Churchill, A. S .; Clair, W. J .; Clapp, Charles E .; Clark, C. H .; Clarkson, J. R .; Cobb,Silas; Cochran, B. F .; Cochran, H. E .; Congdon, Isaac E .: Connell, W. J .; Cooley, Julius Smith: Cooper, George W .; Copeland, L. B .; Cornish, Edward J .; Corson, W. A .; Cowherd, William M .; Cowin, John C .; Covell, George W .; Cralle, C. K .; Crane, Herbert; Crane, Thomas D .; Crofoot, Lodowick F .; Cromelien, John F .; Crosby, S. M .; Crow, Joseph; Crow, Wil- liam H .: Crowell, Edward; Curtis, W. S.
Daniels. Edward; Davis, H. J .; Davis, John P .; Day, Curtis L .; Day, George A .; Day, H. L .; De Bord, W. A .; DeFrance, W. H .; DeLamatre, C.W .; Detwiler, J. O .: Dick, R. A. L .; Dillon, John T .; Doane, George W .; Doane, William G .; Dolan, Bernard; Donovan, D .; Duffie, E. R .; Dunn, I. J.
Edgerton, J. W .; Elgutter, C. S .; Eller, J. W .; Elliott, Clarence D .; Elmer, W. D .; English, J. P .; Estabrook, H. D .; Estelle, Lee; Evans, J. W.
Farnsworth, E. T .: Fawcett, Jacob; Felker, W. S .; Ferguson, A. N .; Fitch, F. W .; Foster, W. A .; Fowler, C. A .; Fraser, A. A .; French, E. R.
Gannon, M. V .; Garton, A. E .; Gaylord, R. E .; Gilbert, George I .; Giller, W. M .; Gilmore, George F .; Godwin, Parke; Goss, Charles A .; Green, Alex.
D .; Greene, C. J .; Gregory, D. D .; Griffith, J. C .; Grossman, J. H .; Gurley, William F.
Hale, L. F .; Hall, M. A .; Hall, R. S .; Haller, C. W .; Halligan, C. P .; Halligan, J. J .; Hamilton, James W .; Harrison, C H .; Harrigan, J. D .; Hawes. Pat. O .; Hawley, J. B .; Healey, Wm. E .; Heller, Frank; Helsley. Lee; Herdman, W. H .: Herdman, R. E. L .: Hitt, H. C .; Holden. S. E .; Holland, John S .; Holmes, Louis D .; Holsman, H. B .; Horton, Richard S .; Houder, J. W .: Howe, John D .; Hub- bard, N. M .: Hunt, George J .; Hyde, M. D.
Ives, W. C .; Irvine, Frank; Irwin. H. B.
Jeffrey, George; Johnson, D. L .; Johnston, John W.
Kaempfer, Charles F .; Kaley, J. L .; Kanff- man, E. N .; Keller, Charles B .; Kelly, W. R .; Kennedy, B. E. B .; Kennedy, Howard, Jr .: Ken- nedy, E. L .; Kent, L. H .; Keysor, W. W.
Lake, George B .; Lander, Dana S .; Lane. E. C .; Langdon, Martin; Lapsley, D. L .; Learned, M. L .; Ledwich, James; Lee, Charles C .; Legge, George; Lindsay, M. S .: Lunt, A. J .: Lytle, John W.
McCabe, James; McClanahan, A. A .; McCloud Imri L .; McCoy, F. L .; McCulloch, J. H .; McDuffie, Robert A .; McGilton, E. G .; McHugh, W. D .; McIntosh. James H .: McWilliams. H. L .; Macfar- land, J. M .; Macomber, J. H ; Mahoney, T. J .; Magney. George A .; Marple, C. H .; Maxwell, H. E .; Meikle, James B .; Mercer, D. H .; Merrow, D. W .; Miles, Charles V .; Minahan, T. B .; Montague, R. V .; Montgomery, C. S .; Montgomery, Eugene; Morearty, E. F .; Moriarty, J. T .; Morris, W. R .; Morris, L. M ; Morrow, M. Henry ; Morsman, W.W .: Morton, James F .; Munn, F. E .; Murdock, A. H .; Murdock, L. H.
Nelson, William T .; Neville, James; Nevin, J.E.
O'Brien, George M., Jr .; O'Brien, Moses P .; O'Connell, Daniel; O'Connor, J. J .: Offutt, Charles; Ogden, Charles; O'Hollaren, F. C .; Olm- sted, R. H.
Page, E. C .; Parish, J. W .; Parker, F. A .; Patrick, Robert W .; Pennock, Henry W .; Peart, W. L .: Perley, Lyman O .; Piatti, L J .; Pilcher, J. D .; Place, George H .; Points, J. J .; Pope, O. G .; Poppleton, A. J .; Poppleton, W. S .; Powell. Clin- ton N .; Powers, H. E .; Powers, James A .; Poyn- ton, G. W .; Pratt, E. D., Jr .; Prichard, George A .; Pritchett, G. E.
Ransom, F. T .; Read, A. C .; Read, Guy R. C .; Redick, W. A .; Rich, Edson; Richards, David H .; Richardson, R. W .; Richmond, R. M .; Riley, A. K .; Ritchie, A. S .; Robbins, J. James; Robbins, Silas; Robertson, Bernard N .; Rogers, J. W .; Rood, E. S .;
228
HISTORY OF THE CITY OF OMANIA.
Roudebush, J. W .; Rush, S. R .; Rutherford, G. A.
Saunders, W. A .; Schomp. John .; Scott, C. R .; Scott, E. H .; Scott, Edward Harlan ; Sheean. J. B .; Shields, George W .; Shoemaker, W. S .; Simeral, E. W .; Simeral, William; Slabaugh, W. W .; Smith, Ed. P .; Smith, George S .; Smith, How- ard B .; Smyth, C. J .: Stoddard, H. P .: Strawn, Win. S .; Strickler, V. O .; Sturdevant, F. M .; Sturges, Hiram A .: St. Clair, L. E .; Sues, G. W .; Swartzlander, Albert ; Swezey, Field W .; Switzler, Warren.
Talbott, John F .; Taylor, J. W .: TenEyck, W. B .: Thomas, B. F .; Thomas, Dexter L .; Thomas, E. E .: Thomas, E. G .: Thompson, H .; Thurston, John M .: Tiffany, F. B .; Tipton, J. G .; Tooley, T. J .: Townsend, George W .; Trauerman, Moses R .; Troup, A. C .; Tunnicliff, N. H .; Turkington, George E .; Tuttle, Charles F.
Van Dusen, J. H .; Van Etten, D .: Van Gilder, W. C .; Vinsonhaler, D. M.
Wakeley, A. C .; Wakeley, E .: Walker, Will I .; Wappich, W. F .; Ware, J. D .: Weaver, F. L .; Webster. John L .; Webster, John R .; Wessells, Frank W .; West, Joel W .; Wharton, J. C .; White, B. T .; White, John F .; Winter, Phil. E .; Wilcox, Seymour G .; Williams. John T .: Williams, Wil- liam N .; Wittum, George F .; Wolcott, E. C .: Wood, E. C .; Woolson, J. L .; Woolworth, J. M .; Wright, L. R.
Yeiser, John O.
Of the members of the Douglas County bar, many have received distinction at the hands of the people, and also by appoint- ment from the President of the United States. P. W. Ilitchcock served as delegate to Congress in the territorial days. He was United States marshal for Nebraska, and served as United States senator for six · years. Charles F. Manderson is now serv- ing his second term in the United States Senate. William J. Connell has just con- cluded a term as congressman. Jolin I. Redick was appointed one of the judges of New Mexico by President Grant. James W. Savage served several terms as one of the government directors of the Union Pa- cific Railway, by appointments from Presi- dent Cleveland and President Harrison. Experience Estabrook, Silas A. Strickland, James Neville, and George E. Pritchett have each served as United States attorney
for the district of Nebraska. Mr. Barnes, William H. Morris, and William Gaslin were elected judges of other districts in this State. Eleazer Wakeley, Experience Estabrook, James M. Woolworth, Clinton Briggs, Charles F. Manderson, George B. Lake, Isaac S. HIascall. John L. Webster, Silas A. Strickland, and Charles II. Brown were men- bers of the constitutional conventions of 1871 and 1875. A. J. Poppleton, George Armstrong, Clinton Briggs, B. E. B. Ken- nedy, George H. Roberts, Charles II. Brown, and Champion S. Chase have served as mayors of the city. Watson B. Smith was for many years clerk of the United States C'irenit and District Courts of Nebraska. Howard B. Smith and George I. Gilbert have eachı served as members of the fire and police commission of Omaha, by appointment from Governor Thayer.
Since the admission of Nebraska as a State, taking into account the large nnm- ber of lawyers that have been in Omaha and are still residents of the city, there have not been as many deaths as one would at first imagine; but Clinton Briggs, Silas A. Strickland, E. F. Smythe, General George M. O'Brien and Judge James W. Savage have died. I mention these out of the num- ber because of their particular prominence. The writer of this chapter can not forego passing some slight eulogy upon the charac- ter of Clinton Briggs, both as a lawyer and as a man. He was one of the most genial, pleasant-spoken gentlemen who ever trav- eled the streets of Omaha. Ile was every- body's friend. In a long and intimate ac- quaintance with him, the writer never knew him to speak ill of man or woman. He was, in fact, beloved by everybody. As a law- yer, he was consulted upon the gravest ques- tions which have ever arisen in this State. His acquaintance extended to every county, and his advice was sought by men in every walk of life, in every part and section of the State of Nebraska. He was not an orator. Ile disliked talking to juries, but with his
Leo. M. O Brien
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SKETCHES OF THE BENCH AND BAR.
pen and paper, in the solitude of his office, he could prepare an argument equal to any that was ever submitted to any court. He was deeply interested in the litigation which sprang up in the early seventies in Nebraska between the Union Pacific and the Burling- ton & Missouri River Railroad Companies and the counties in the State, in relation to the question of taxation of land obtained by those roads from the government to aid in their construction. A case had gone up from the State of Kansas, involving the rights of the counties of Kansas to tax the lands of the Kansas Pacific Railroad. The decision of the Supreme Court of the United States was against the right .of taxation. Based upon that decision, the attorneys of the two roads in Nebraska filed a large num- ber of bills, enjoining every county in the State through which these two roads ran, from collecting the taxes which had been as- sessed upon their lands. Judge Briggs, among others, was retained by the counties to aid in the defense of those suits. The case was tried before John F. Dillon in the Circuit Court of the United States, and, upon an appeal to the Supreme Court of the United States, Judge Briggs made the argument; the result of that argu- ment, and the consideration given to it by that august tribunal, gives to Judge Briggs the high distinction of being the first man in the United States to cause the Su- preme Court to reverse itself. Judge Briggs' biography will appear elsewhere in this book, and it is unnecessary for the writer to enter into any specific account of his character, or of minute details of his life. Judge Briggs had a large clientage in this city, where he was actively engaged in the practice of his profession from the year 1856 to the day of his death.
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