USA > Nebraska > York County > York County, Nebraska and its people : together with a condensed history of the state, Vol. I > Part 60
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In these commemorative proceedings, the committee have sought to avoid altogether merely conventional enlogy and, in its stead, to place of record here a just and accurate estimate of the character and worth of Honorable Samuel H.
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HISTORY OF YORK COUNTY
Sedgwick, whose earthly career was brought to a close at his home in this city on December 25, 1919.
Judge Sedgwick was born at Bloomingdale, Ill., in the year 1848, He was a law student at the University of Michigan from 1871 to 1822 and held a master's degree from the Wheaton College, Ilinois. In 1878 he went to York, Nebraska, where he practiced law until elected judge of the fifth judicial district in 1895, tak- ing his seat January 4, 1896. He held this office for four years. In 1901 he was appointed a Supreme Court commissioner and served in that capacity about two years, when he was elected to the office which he held at the time of his death. Ile served as a member of this court continuously, with the exception of two years, for a period of fifteen years.
Ile was widely recognized as an able lawyer, entirely trustworthy and reliable in the business and affairs of his clients, and was ever honorable and just in his dealings with them and with his adversaries.
As a trial judge he was industrions, prompt and unusually accurate in his conclusions, whether of law or fact. He had a frank, open way about him and. because of his strength of mind and evident fairness, he was a power for right and justice, easily dominating the court in which he presided, and holding always the respect and confidence of both counsel and jury.
The reports of this court tell best of his worth as a judge; they tell of his industry and painstaking research. They are rich in demonstrative proof of his ability, sound judgment and accurate reasoning; of his lucid expositions, and of his admirable directness in reaching and stating conclusions.
As a citizen the simplicity of his life, his sobriety of thought and conduct, the fairness of his dealings in all matters, his insistence upon integrity in private and public life, prove him a citizen of the highest and best type. His life was an inspiration to others, and his death, unforeshadowed, so calm, so devoid of pain, seemed but like the passing of a great soul from one tranquil state to another. His death was the end of a full and well spent life; he had kept good company ; he communed much with the best philosophers and jurists of the present and past. He cherished no resentments: he was in harmony with the world. "llis ways were ways of pleasantness ; his paths were paths of peace." He drained life's goblet to the dregs and knew naught of its bitterness. And now that he is gone, that he has passed beyond the bourne that divides the finite from the infinite, it is to ns and to this court and to his bereaved family a source of deep consolation to know that he leaves behind him a judicial record unclouded and a character unstained.
We deplore the loss this court, this community and the state have sustained in the death of Judge Sedgwick : and to his family in their sorrow we tender our sincere sympathy.
We ask that this memorial be preserved in the permanent records of this court and that a copy of it be furnished to Mrs. Sedgwick and her daughters.
JOHN J. SULLIVAN (ex-Justice Supreme Court, who served with Judge. Sedg- wick).
JACOB FAWCETT, (ex-Supreme Judge, who served with Judge Sedgwick).
LESLIE G. IFERD, (formerly District Judge of 7th District ).
E. E. Goon, (present District Judge for York County).
C. E. SANDALL, (of York County Bar).
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HISTORY OF YORK COUNTY
Short addresses were also made by Jacob Fawcett and E. E. Good and testi- monial from Leslie G. Hurd was read.
By Chief Justice Morrissey:
The court is convened this morning to pay a last tribute to the memory of our late associate; but how vain it is to attempt to portray the worth of this man, who gave the major part of his mature manhood to the development of the jurisprudence of our state.
Though a prominent figure-a leader-for nearly two score years, his finest and best qualities were known only to those who were privileged to be closely asso- ciated with him. To the lawyers he was known as a profound jurist : to the people generally as a just and fearless judge; but the power of his intellect was known only to those who sat with him at the consultation table. Many are the opinions that bear his name, and they will help to light the judicial pathway so long as our jurisprudence endures. But they give no adequate account of the prodigious labor he performed. The lawyer of the future who turns the pages of the Nebraska reports will little know how much of the very spirit of Judge Sedgwick is written into them. To every case that came to the court he gave the same painstak- ing care he bestowed upon the record when he wrote the opinion himself. He held himself responsible for the result of every decision, even to the phraseology in which rules of law for future guidance were announced. Nor were his wonderful powers of analysis, his compelling logic, and his high character his only contribu- tions to the court. He would be just; but justice he would administer with merey. Quiet and reserved, almost to the point of austerity, the gentleness of his nature and the warmth of his friendship were known only to the few whose good fortune it was to know him in those intimate relations of life where the judicial ermine was laid aside, and the man whom God made was permitted to function in his own way.
JUDGE BATES' CASE
The elevation of Judge Edward Bates to the district beneh was attended with political controversy and ensuing legal difficulties which raised legal questions worthy of being preserved in the annals of Nebraska history, and in the history of York County's participation in the State Government is a very suitable place.
The following press accounts of December, 1890, and January, 1891, tell very completely of this ineident :
"The mandamus case of the state of Nebraska ex rel. Edward Bates against J. M. Thayer et al. was argued to the Supreme Court last Friday morning. It was admitted in the pleadings that Judge Bates had been elected by fully 2,771, that the county clerks had given dne notice of the election, etc. The case was ably presented to the court by Geo. B. France, Esq., attorney for Judge Bates, who asked for a mandamus, compelling the state board of canvassers to meet and can- vass the returns for a district judge and declare the result. The canvassing board consists of Governor Thayer, Secretary of State Cowdery, Attorney General Leese, Auditor Benton and Treasurer Hill. The canvassing board was represented by Attorney General Leese, who really apologized to the court for allowing the case to be bronght, but asked to know his duty in the matter. Attorney Hainer of Aurora made the argument against issuing the mandamus. It does not appear on the record who Mr. Hainer represents but his fight is being made to retain the
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HISTORY OF YORK COUNTY
seat for Judge Smith for one short year longer. The Supreme Court took the case under advisement and have not yet handed down their decision. A decision is expected about the first of next week."
"Judge Bates went to Lincoln on Tuesday to procure his certificate of election and found that the state canvassing board still refused to canvass the vote and issue the certificate. Mr France at once procured a peremptory writ from the Supreme Court and also an execution against Thayer, for the costs of the case. It took about two minutes for the board to get together and make the canvass. They did not like the prospect of being arrainged for contempt and so took their medicine. Judge Bates then took the oath of office and appointed Thomas E. Hamilton court reporter. Mr. Hamilton also took the oath and qualified as reporter. The whole matter is now fully disposed of and settled. Judge Bates filed his resignation as county judge with the county clerk this morning. The office of county judge will remain vacant until the new board of supervisors meet next Tuesday, when a successor will be chosen. Judge Bates has fixed the terms of conrt for the year as follows: Hamilton County, January 19 to 31; fall term August 24 to September 19: Polk County, February 2 to 14: fall term September 21 to October 3: York County, February 16 to March 21; fall term, October 5 to November 2: Seward County, March 23 to April 18; fall term, November 9 to December 5."
The Supreme Court handed down its decision in the now celebrated case of Judge Bates, against the State Board of Canvassers last Saturday. The opinion is an exhaustive doenment and fully covers the points of law involved. The syllabus by Chief Justice Cobb is as follows :
State ex rel. Bates vs. Thayer. Mandamus. Writ awarded. Opinion by Mr. Chief Justice Cobb.
T. E. Norval, district judge of the sixth district, whose official term would have expired Janmary, 1892. resigned December 12, 1889, on which date the governor appointed J. H. Smith to the vacancy, who qualified and entered upon the office.
The general election of 1890 was the first general election held more than thirty days after the occurrence of such vacancy. Thirty days previous to the time of holding said election the governor issued his proclamation under section 11 of chapter 26, Compiled Statutes, but inadvertently omitted to insert and designate the office of judge of the sixth district as a vacancy to be filled at said election. At least twenty days previous to the election the county clerks of respec- tive counties of the district made out and delivered to the officer or officers provided by law for the counties respectively, notices of such election, duly posted up ten days prior to the election which notices amongst the offices to be filled contained and designated that of judge of the Sixth judicial distriet to fill the vacancy.
The whole number of votes cast within the district for any office was 12,734, of which 7,612 were cast for the relator and 4,841 for the incumbent both being candidates for the office at said election. The votes so cast were by the judges of the election of the several townships, preeinets and wards of the several counties of the district duly returned to the county clerks within the time and in the manner provided by law, and were by the county clerks duly canvassed and abstraets thereof duly made on separate sheets and directed and forwarded to the secretary of state.
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HISTORY OF YORK COUNTY
The governor, secretary of state, auditor of public accounts, treasurer of state and attorney general having failed to meet as the state board of canvassers, at the office of the secretary of state, on the third Monday after said election, and can- vass the votes so cast for judge of the Sixth judicial district, and returned to the office of the secretary of state, upon an application for a writ of mandamus against them. to compel the performance of such duty held that mandamus will lie against the governor to enforce the performance of a ministerial duty enjoined upon him by law.
The appointment of J. H. Smith as judge of the sixth district was temporary to terminate upon the qualification of a judge to be elected to fill the vacancy occuring upon the resignation of T. L. Norval.
The general election of 1890 was an election at which a vacancy in the office of district judge occurring in December, 1889, could be filled, although the vacancy was then temporarily filled by appointment.
The provision of law requiring the governor thirty days previous to an election at which any state officer is to be chosen, to issue his proclamation therefor is directory merely.
Under our constitution and laws the elective franchise is vested in the electors, and its exercise regulated by law. It is not deposited in the executive to be doled out by proclamation.
LEGISLATIVE REPRESENTATION
York County participated in the election of representatives to the State Legis- lature for the first time in 1876, with sweeping success, when Dr. W. M. Knapp of York was chosen to represent York and Hamilton counties in the State Senate, and Dr. Servitns V. Moore and Hon. Lee Love, to represent York County in the lower House of the Legislature.
Before this time J. E. Cramer of York County served in the ninth and tenth legislatures, and in the 11th, 12th, 13th and 14th sessions Albinus Nance of Polk County represented York County.
In the session of 1879 D. A. Scoville of Aurora was York's senator, while W. T. Seott and W. H. Keekley were her members of the lower House. In the 1881 session Martin Burns of York was the senator, and Dr. S. V. Moore and Albert Wilsey of Hampton were in the lower House. In the 1883 session M. Howell of York was senator, and Lee Martin and W. J. Russell were York County's repre- sentatives in the House : in 1885, Senator Howell served a second time, and Nathan V. Tlarlan was the colleague of Representative Martin. who also returned for a. second time. In 1887 Charles R. Keckley of York became senator, Nathan V. Harlan remained in the House with John L. Wilson of Waco as his colleague, and ex-Representative Wilsey of Hampton (Hamilton County), was also back that session. May it be remarked that Senator Keekley's presence in that session was well known and fully understood from the remarkable presentation of the ills of the transportation system he made, and the grilling he gave to the railroads and the transportation board. He served again in 1889, and with him that year at Lincoln as members of the House of Representatives, E. A. Gilbert of York and C. W. Hays of McCool. In 1891 N. S. Michener of Gresham was in the Senate and in the House were J. M. Gunnett of York and John B. Steward of Benedict.
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HISTORY OF YORK COUNTY
In 1893 James P. Miller of York served in the Senate, and Nathan Johnson of York was in the lower House, with Charles R. Keckley, who returned to a legis- lative diet, taking the lower House membership this time. Edwin E. Mighell of Aurora representated the district in the Senate in 1895, and William Mc Fadden of MeCool and John B. Conaway of York served in the lower Hlouse. In 1897 Representative Conaway was elevated to the Senate, while Robert Henderson of ITenderson and D. S. Zimmerman of York served in this session in the lower House. F. M. Iloward of Aurora was state senator of this district in 1899, and James M. Tucker of Waco was representative. From this point on York County was alone for a time with one member of the lower House. In 1901 Nathan V. Harlan was elevated to the state senatorship, and Ilerman Diers of Gresham served in the lower Ilouse. In 1903 James M. Cox of Hampton served as senator, and W. M. Meradith of York as member of the lower House. George W. Shreck of York was senator in 1905, and W. M. Meradith again served in the lower House. In the sessions of 1907, 1909 and 1911 J. M. Cox of Hampton served as state senator, and D. W. Baker of Benedict as member of the lower House. In 1907 J. E. Hart of Gresham also served in the lower House; in 1909 C. A. Ritchie, also of Gresham, served, and in 1911 William Colton of York was Baker's colleague. In 1913 Joshua Cox of York was state senator, and Charles R. Keckley again saw legislative service in the lower House. In 1915 Charles E. Sandall of York was state senator, and E. B. Nelson of York was the member of the lower House. In 1917 Senator Sandall again served, but Mahlon B. Stream of York was the member in the lower House. In 1919 Perry Reed of IIenderson, who had represented Hamilton County in the preceding legislature was elevated to the Senate, and Milton M. Wildman of York was the member in the lower Ilonse. Mr. Wildman secured election as a delegate to the Constitutional Con- vention of 1920. Senator Perry Reed was re-elected to the Senate and served there in 1921, and Fred MeFarland was York's member of the lower Honse.
OTHER PARTICIPATION IN STATE AFFAIRS
Other than through election to executive state offices, many of York County's adroit political workers have wielded a considerable influenee in political affairs of the state. In the campaign of 1920, so victorious to the republican party, Charles A. McCloud of York was the chairman of the Republican State Central Committee. In this same campaign Judge Wray was the independent candidate for governor, and in previous years had been the state chairman of the Progressive State Central Committee, and a national committeeman in the affairs of that movement started by President Roosevelt in the campaign of 1912.
A. P. Sprague was candidate for Congress in 1920 against York's ineumbent in that oflice, M. O. MeLaughlin, who was elected in 1918. Mr. Sprague was for some years secretary, and in 1918 was elevated to chairmanship of the Democratic State Central Committee. York's faithful devotion to the welfare of her fire department and unusual energy in promoting the affairs of the firemen of the state has been in part rewarded by the deputy fire wardenship, the office in charge of that work over the state being held by two York men consecutively, II. F. Requartte for a number of years, and W. D. Fisher, who is the present assistant to Chief Fire Warden Hartford. Thomas W. Smith, former warden of the
THE PAVILION, YORK
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POSTOFFICE AND GRANT AVENUE SOUTH OF 9TH STREET, YORK
Vol. 1-33
THE NEW YORK PUBLIC LIBRARY
ASTOR, LENOX AND TALDEN FOUNDATIONS
L
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HISTORY OF YORK COUNTY
State Penitentiary, has long been a recognized factor in his party's political circles. J. E. Hart, a York County banker, was recognized in 1918 with the secretaryship of the state banking department. The Gilbert brothers have been recognized political factors. Judge Post, in his days of political endeavor, was far more than just an officeholder, but a leader in affairs in his party. His brother, Judge A. M. Post of Columbus, was district judge also many years ago, served upon the state supreme bench, and is now serving again upon the district bench in the neighboring sixth distriet.
No attempt has been made to make this roster of worthy workers com- plete, for it most certainly is not. That would take a goodly space, for York County's business, professional and farming leaders are men of the calibre who not only carry straight the affairs of their own county, but see that their county carries even a little more than its share of the burden of the entire state.
NATIONAL GOVERNMENTAL MATTERS
York has been a very prominent postal center for many years. The postal administration in York dates back to 1871, when Dr. Thomas L. Myers was appointed to that not very Incrative honor. He soon resigned, and F. O. Bell, the merchant who could handle the work in connection with his other business, assumed the duties. Two years later he was succeeded by J. E. Cochran, who resigned in a short time and gave way to Mrs. M. J. Hammond, who served a term about 1880, and then L. J. Gandy served in the time of Garfield-Arthur administrations. F. L. Whedon was the next postmaster, and his force of assistants in 1884 were Mrs. Grace Wightman, assistant, Lynn C. Cowan, mailing clerk, and Miss Wilma Newell, delivery clerk, a force which contrasted with the numerous corps of assistants required by Postmaster Gilbert in 1921 shows the enormous growth of business in this office. Succeeding Mr. Whedon, H. M. Detriek graced this office during the '90s. and snecceding him R. J. Coles served about 1895- 1899 and then T. E. Sedgwick for nine years. George W. Shreck held it for two terms. For a very short time, W. W. Feaster held the title, but C. F. Gilbert succeeded to the office under appointment by President Wilson, about 1916, and is the present postmaster.
PUBLIC INSTITUTIONS
York has never drawn any large number of state institutions, until in 1920 she secured the Women's Custodial Home. But for many years past she has tendered support to the religions forces of the community that led to her securing numerous state and national recognitions. In the educational chapter, the history of the old Congregational Academy of 1874; the Nebraska Conference Seminary of 1879, which was the forerunner of Wesleyan University at University Place, and the York College and Ursuline Convent are reconnted. But York has two other institutions, in no manner secured through political or state circles, but yet state and national in their scope and the support given to them in the com- munity where they are located; these are a distinct contribution on this county's part to its duty to state and nation.
York secured a state institution early in 1920, when the new Women's Custodial Home was located here by the State Board of Commissioners of Public Institutions.
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HISTORY OF YORK COUNTY
The State Board of Control of Charitable Institutions has definitely located the new reformatory for women in York, and the land upon which it will be established has been purchased. A week ago members of the board visited York and were guests of the Commercial Club. The advantages of the city were presented and available land investigated. The decision was made before the end of the week, and the farm of J. H. Maguire became state property. The farm adjoins the city on the south and lies east of the Odd Fellows' farm. It is a valuable property and conveniently situated for the purpose.
The woman's reformatory is an entirely new institution and is founded because the members of the board of control feel that the best interests of society will be conserved by confining women offenders against the law in other environments than the state penitentiary. Its mission is an entirely different one from that of the Milford home or the girls' industrial school at Geneva. It will probably be conducted upon the cottage plan and certainly in harmony with the most modern and humane ideas for the treatment of delinquents.
NEW LOCATION FOR CUSTODIAL HOME
The State Board of Control has obtained a new custodial farm for women near York. Its first selection of a tract near the Odd Fellows' home raised so much opposition from officers of the home and people of York that the board, co-operating with citizens of York, has bought another. The new purchase com- prises 120 aeres about one mile and a half from the city limits and is on the opposite side of town from the Odd Fellows' home, and is a mile and a half from any school.
In effect the board has traded its first selection for the second one, but as it has no authority to sell land in the name of the state the first tract is to be held by a syndicate of York people and officers of the Odd Fellows' home until the Legislature can order a deed issued. The first traet chosen comprised eighty acres of the Maguire farm and cost the state $28,000. The syndicate is to pay this purchase price on a new tract and the state is to add $6,881 to it and in return receive 120 acres at a total cost of $34,881, or $291 an acre. The state is thus pay- ing $6,881 additional over the original purchase price and in return is getting forty acres more than was in the original tract.
The new traet contains a farm house and other buildings that are probably a little better than those on the original tract. The farm house is newer but not so large and the other buildings are better than those on the Maguire land.
CUSTODIAL FARM NEEDS
Dr. Alma Chapman of the Custodial Farm is in need of a farm supervisor. The wages are sixty-five dollars per month with room and board.
During the visit to York of Mrs John Slaker, president Nebraska Federation of Women's Clubs, she visited the farm in company with a couple of York club women. It was a mutual surprise to her and Doctor Chapman to see each other. The had known each other and worked together in the hospital at Hastings. Though more recently Doctor Chapman had been connected with one of the other state hospitals for the insane.
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HISTORY OF YORK COUNTY
Mrs. Slaker is so interested in the farm and its inmates she has taken the question of more pressing, immediate needs with her to present to the various women's elubs as she visits them over the state. Knowing her constituency so well. she is sure to help from this source, while waiting for the more ponderous machinery of the state to be set in motion to grind out bath tubs, water supply, enough sleeping quarters, etc. Fancy having to give patients a bath in old zine tubs set on the floor of the garage. Water heated in a wash boiler and lifted to the tub. For the little operating room up stairs over the matron's room water must be carried up from the kitchen in buckets, up a narrow, winding inconvenient stairway. The sleeping quarters for most of the girls is practically barracks, no plastering, walls covered with beaver board. While of course, fresh air is essential such bitter cold as there will be later on will not work for good. And the call for more rooms will come. Nearly every day the matron must countennand telephone or telegraph calls to take this girl or that because of lack of room. "Send them to Geneva," some say, but Geneva is so crowded that girls are sleep- ing on the floor. All this simply brings more forcibly to our notice one of the awful by-products of war. In a like institution in Kansas at the opening of the war there were twelve inmates in the home. During the first year of the war the number jumped to ninety-six.
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