The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884, Volume II, Part 163

Author: Stiles, Henry Reed, 1832-1909, ed
Publication date: 1884
Publisher: New York, W. W. Munsell & Co
Number of Pages: 1345

USA > New York > Kings County > Brooklyn > The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884, Volume II > Part 163

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Walter L. Livingston was born on the 21st of December, 1830, at his grandfather Depau's house in Broadway, near Franklin, New York; his parents were residents of Columbia County, in this State, at the time, but had come to New York to spend the winter.

As early as when Mr. Livingston was but five years of age, the whole family went to Europe, including himself, and until the age of sixteen he vihrated between the two continents, having in that time made as many as eight voyages across the Atlantic, when a voyage averaged about thirty days.

The first school he attended was in Paris, where he remained a year; he then studied at home with a tutor until he was about thirteen years old, when he was sent to the Jesuits' College at Fribourg, in Switzerland, which then enjoyed quite a high reputation. After leaving there, Mr. Livingston attended the College of Juilly, near Paris, where he remained until his family returned to this country. After his return here, he went to the St. Mary's College in Baltimore. He never graduated from any college, and when not at school was kept studying at home under a tutor until he reached the age of nineteen years, when he entered the law office of a relative, the Honorable Francis B. Cutting, of New York. Mr. Livingston remained with Mr. Cut- ting until the Hon. Josiah Sutherland, of Columbia County,

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lately a Judge of the Supreme Court, opened an office in New York City, in connection with the Hon. Claudius L. Monell, also of Columbia County, and at the time of his death a Judge of the Superior Court of the City of New York, when he became a student in their office, and remained there until he was ad- mitted to the Bar in May, 1852, at the city of New York. Shortly. after his admission he became a clerk in the office of Alex- ander A. Hamilton, Jr., a grandson of the illustrious Hamilton, who was then carrying on a large practice in New York City, in partnership with Francis R. Rives, son of the Hon. William C. Rives, of Virginia. After remaining there a short time, Mr. Livingston opened an office for himself at No. 72 Wall street, and it was then that he became acquainted with a gentleman who entered his office as a student, and who has since acquired a lucrative practice at the Bar, and become distinguished enough in the politics of this State to receive the Republican nomina- tion for Lieutenant-Governor. I refer to the Hon. Sigismund Kaufman, of Brooklyn. In 1855, Mr. Livingston accepted a proposition from Philip S. Hamilton, the youngest son of the grest statesman, to become a member of his firm, and for a while he practiced in what was then known as Williamsburgh (now part of Brooklyn), as a member of the firm of Hamilton, Dougherty & Livingston. After leaving that firm he opened an office at 41 Wall street, in the city of New York, and carried on the practice of his profession there until he was elected Surro- gate of Kings County, in 1876. During that time Mr. Living- ston was for thirteen years counsel for the French line of steamers, known as the " General Trans-Atlantic Company."

In 1857, he was married to Silvia, daughter of Washington Coster, of New York City; he has but one child, a daughter, now married.

In 1861, he removed from New York to Brooklyn, and took up his residence at 92 Hewes street, where he has since resided. A few years after his coming to Brooklyn, it was found necessary then, as recently, to reorganize the Democratic party in Kings County, and Mr. Livingston became a member of the General Committee which was then formed. In the year 1867, he was elected a member of the Constitutional Convention which met in that year. There were four members elected on the same ticket from each of the Congressional districts in the city of Brooklyn, and the ticket on which Mr. Livingston was running had the honor of being successful over the one bearing no less a distinguished name than that of the Reverend Henry Ward Beecher, who ran then, as I believe, for the only time, for a political office.

The records of the Constitutional Convention show that Mr. Livingston was not an idle member of that body. He was ap- pointed on several important committees, and took an active part in the debates on almost every subject of importance which came up-prominent among others, the judiciary article, the powers and duties of the Legislature, the sale and adulteration of liquors, and the bill of rights.

Soon after that he became a prominent candidate on the Democratic side for the office of Comptroller of the City of Brooklyn, at the request of the leading members of the party in the county, and it is well known here that he would, without doubt, have received the nomination had not his independent course in regard to the patronage of the office been displeasing to some of the powers that then were; that is, he distinctly an- nounced that on that point he should act according to the dic- tates of his best judgment.

In 1876, a split having occurred in the Democratic party in

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this county, Mr. Livingston accepted an independent nomina- tion for Surrogate, and was endorsed by the Republicans; that was the year when Mr. Tilden ran for President, and carried the county by 18,000 majority. Notwithstanding that high tide, which was expected to carry everything before it, Mr. Living- ston was elected by a majority of 70 votes, on a poll of over 94,000. His opponent brought an action of quo warranto against him, and, under a law exclusively applicable to Kings County, claimed the right to re-count the ballots in the boxes six months after the election, although it was proved, without contradic- tion, that the boxes hsd not been sealed, and had been kept in such a careless manner as to deprive a re-count of all weight as evidence. The re-count was permitted by the trial court, and the result differed from the election returns sufficiently to elect his opponent by a small majority, if taken as evidence of the vote cast. The trial court left it to the jury to find who was elected, charging them that if they accepted the returns as correct, Mr. Livingston was elected, and if they found that the re-count was correct, than his opponent was elected. The jury found in favor of the re-count. On appeal to the Court of Appeals, the judg- ment was reversed, and a new, trial granted. The court also re- instated Mr. Livingston in office pending the new trial, which never came off, his opponent abandoning the contest. The ap- peal was argued by Mr. Livingston, in person, against the Hon. B. F. Tracy, recently one of the Justices of the Court of Appeals. As the case was one of great importance, that eminent jurist ex- erted all his great powers and extensive learning in behalf of his client. But Mr. Livingston's argument, as is generally con- ceded, was quite equal in ability, legal logic and learning to that of his distinguished opponent. The opinion of the court in the case (79th N. Y., 279; and same case 80th N. Y., 66) fully shows that Mr. Livingston was rightfully entitled to the office, and that the court highly appreciated his argument. Mr. Liv- ingston entered upon the discharge of his difficult duties with great industry and directness of purpose, with legal learning and accomplishments which gave undoubted assurance that these duties would be performed to the entire satisfaction of the Bar and the public. His numerous opinions, found in the 3d, 4th and 5th volumes of Redfield's Surrogates' Reports, for clear- ness of expression, thorough logical discussion, research, calm- ness and impartiality, exhibit his rare ability as a judicial officer.

At the close of his official term he returned to the practice of his profession. Mr. Livingston ranks among the ablest and most successful members of the Kinge County Bar; he is one of the most high-minded and valuable citizens of Brooklyn, and his intercourse with his fellow-citizens is characterized by those pleasing amenities which so well adorn social life.

TIMOTHY PERRY.

TIMOTHY PERRY Was born at New Ipswich, New Hampshire, November 7, 1829. His father, Chauncy Perry, Sen., was a man of strong native mental powers, a sturdy, industrious New England farmer, who never knew how to make any compromise with what he deemed a wrong, or to sacrifice principle to policy; whose purity of character was proverbial, and whose chief wealth consisted of a large family of children, of whom he had just reason to be proud, and to whom he could have pointed and said, with the Roman mother, "These are my jewels."

It was his chief anxiety to give his children the best education his limited means afforded; how well he did this is attested by their intelligence, virtue, and their reasonable success in life.

Timothy was the youngest of five brothers, all of whom en- tered the so-called learned professions; the three elder being clergymen, and the two younger lawyers.

Timothy's early history is the history common to so many of the young men of New England, sons of farmers. He received his elementary education at the district school, and after master- ing all the branches taught in that school, he entered New Ips-

wich Academy, then one of the most popular and successful institutions of that kind in New Hampshire. Here he acquired a very thorough and practical education, and became an accom- plished and successful teacher, devoting himself to that calling in the winter for several years, and during the summer months he was engaged in working on his father's farm. All his leisure hours were devoted to the improvement of his mind, in perfect- ing himself in his studies, and in preparing for future fields of usefulness.

At length he accepted the position of teacher of mathematics and natural science in the New Ipswich Academy, discharging these duties with great acceptability for about two years, until August, 1853. At this time his brother Chauncy was a practicing lawyer at Greenpoint, then a part of the town of Buskwick, in Kings County, L. I., having opened an office there the pre- vious year. At the earnest request of his brother, Mr. Perry abandoned the profession of a teacher and became a student at law in the office of his brother, and a resident of Green- point. He pursued his studies with diligence and success, and in April, 1857, was called to the Bar. On the 1st day of May following he entered into partnership with his brother in the practice of law. This relation was, from the first, profitable and agreeable, and the firm took a high and responsible position among the leading law firms of the County of Kings. It com- bined those qualifications that naturally inspired the public with confidence in it, and as a result, it was soon rewarded by a very remunerative practice. This partnership still continues, conduct- ing its business in the same office occupied by the senior partner in 1852, and in which the junior partner read his profession.

The firm of C. & T. Perry is undoubtedly the oldest law firm, with a single exception; in the city of Brooklyn. Although engaged in the general practice of law, the specialty of this firm, for a long time, has been the examination of titles to real estate, in which department it ranks deservedly high. After the consolidation of Greenpoint-once a part of the town of Bush- wick-with Brooklyn, it became the Seventeenth Ward of the city, and was represented by Timothy Perry, as alderman, in the Common Council, from 1858 until 1863. This included the first years of the war. The Common Council undertook to fur- nish volunteers and to aid the draft, by assisting the families of all those who entered the service of their country. Mr. Perry took an active part in this undertaking, and in the Citizens' Aid Association of the Seventeenth Ward, which furnished a large number of volunteers. In 1863 Mr. Perry became a member of the Brooklyn Board of Education, occupying the position till 1870. In January, 1882, Mr. Perry was appointed to the same office by Mayor Low, but resigned his place in May, 1883, to ac- cept the office of member of the Board of Elections of the city of Brooklyn, of which board he is now president.

For the last twenty-five years he has been closely identified with the growth and enterprise of his section of the municipality. He has been a director and vice-president of the Mechanics and Traders' Bank of Brooklyn since 1870, and for the past four years has been president of the Greenpoint Savings Bank, one of the most flourishing institutions of its kind in the city.

While Mr. Perry is of a retiring disposition, lacking the self- assertion necessary for great success as a jury lawyer, he pos- sesses rare qualifications for another quite as important depart- ment of his profession, that of legal adviser and counselor; for, as was well said by Ogden Hoffman, "the place to try a lawsuit is really in its preparation in the law office; unless it is well tried there, it will prove a failure at the Bar, and it is often the case that the most brilliant jury lawyer is wholly indebted for his success to the solid learning, sound sense and practical judg- ment of what is known as an office lawyer."

Mr. Perry has earned and holds, to a remarkable degree, the confidence of the community, as shown not only by the positions of trust to which he has been promoted, but by his large em- ployment in the business of the devolution of estates, the inter-

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Timothy Perry

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pratation of devises, and of the law which controls real property. There is, probably, no lawyer in Kinga County who has aver drawn a greater number of willa during hia practice than he ; and no will of his drawing has aver been set aside by the courts.

It will thus be seen that Mr. Perry has led an exceedingly dil- igent life; that he is still in the midst of that diligence, with his harness on.

RUFUS LEONARD SCOTT.

A WELL-KNOWN lawyer, residing in the Twenty-fifth Ward, in the city of Brooklyn, and conducting his extensive business, with numerous assistants, in the Bennett Building, New York City. His practice is general, exclusive of criminal practice.

Mr. Scott was born in Lanesborough, Mass., March 31st, 1835. His father, Leonard Scott, for the latter part of his life, was a residant of Brooklyn. He was a man remarkable for hia wiry, vigeroua constitution, his strong moral principles, and his fervent piety.

Our present subject is & descendant, on his father's sida, in the sixth generation, from William Scott, who settled in Hatfield, Mass., about the year 1668; and, on hia mother's sida, in the seventh generation, from Nathaniel Dickinson, who removed from Wathersfield, Conn., to Hadley, Mass., in 1659. The au- thentic annals of both of these families, readily traced to pioneer and Colonial times, give an unmistakable earnest that their descendants would be, as they have been, the inheritors of werth, of character, and telling virility. The Scotts and the Dickinsons were typical New Englandera, and abounded in traits of thrift, enterprise and industry, together with all those well-known talente belonging to versatile and hardy Eastern people. Both by deeds done and occupations selected, each of thasa ancient families gave frequent proof of being of a stalwart mould. They are recorded as having been brickmakera, car- pantera, blacksmitha, and farmers. They evidently dignified thair chosen pursuits so as to win the confidence of their neigh- bers, for frequently the names of Scott and Dickinson appear in the olden-time liata of "Selectmen," " Representatives to the General Court," and also among the " Delegates to the Constitu- tional Conventions." Besides this, they are found to have occu- pied numerous positions requiring labor, probity, ability, and the confidence of the people. Both families have honorable war records-active participants in the "French and Indian war of 1754." In the Battle of Lexington, April, 1775, there were present among the "Minuta Men " four Dickinsons and five Scotta. There were also representatives of both families in the battles fought for American Independence, and, later, in the War for the Union.

With such ancestry, and the energizing influences of New England enterprise, Rufus Scott was early impressed to puah out for a high and useful carear, and unflinchingly, and in the faca of many obstacles, began his education aa the master-key to advancement. Before he had reached his eighteenth year ha had fitted himself at Lenox Academy to become a teacher, and although so young, he had so won the confidence of the com- munity in which he lived, that they selected him for the teacher of the school in his native town. About this time ha determined to adopt the legal profession as hia life pursuit; he bent all his energies in that direction. It was not long before he yielded to thosa influences which are so continually at work, attracting the aspiring youths of our country towns toward the great metrop- olis. He arrived in New York with his handa for his only friends, and his capital chiefly under his hat. He at once set out with determined ardor, doing whatever ha found in the ahape of honorable remunerative work; sither mental or manual labor waa welcome if it afforded the means of promotion. He taught dis- trict schools; he toiled among laborers engaged in ice storage, in the vicinity of Orange, N. J. This occupation was moat try- ing in those days, and if young Scott had not been possessed of

the indomitable perseverance characteristic of his family, and the frame of a Massachusetts farmer, his plans of attaining legal fama by the aid of funds earned in the New Jersey ica sheds would have been chilled to an early death. At last, ha was ready to enter a law office. Ha bagan hia study with ex- Attorney-General Lavi S. Chatfield. Afterwards he studied for a time in the office of ex-Judge Joseph Neilson, of thia city. In 1861 Mr. Scott was admitted to the Bar of the State of New York. Removing to Brooklyn that year, he began the practice of law, meeting at once a success, ever increasing, until now he enjoys, at his prime, a business larger than many of his oldar legal con- frères. The secret of his success in gaining his numerous and profitable clientaga seems to be attributable to his advising hia employers away from hopeless litigation, and in his thorough, patient preparation of the causes he undertakea. His oratory is cold and devoid of flowers, but he delivers hia points with fair- ness and a clearness that wins the attention of the Bench, and compels his legal antagoniat to admit that ha ia a dangerous op- ponent. In politics, Mr. Scott ia alert and quietly activa. Ha does not seak or desire political preferment for himself, but seeks to secure, hy every proper means, an economical and wise management of the affairs of our city and State. In November, 1877, he was induced to withdraw a portion of his time from his professional engagements, in order to accept the office of " Rag- istrar of Arreara " for the city of Brooklyn. He held this posi- tion until September 4th, 1879, and his administration of the affairs of that office was characterized by various vigorous and wise measures, from which our city is atill reaping great benefits. The period of hia official life was one of peculiar difficulty. Brooklyn was staggering under the weight of an enormous dabt; property was everywhere depresaed in value by burdening asaesamenta, and taxea lavied to mset the then present needs of the city treasury, and to pay for past lavish improvementa. The city waa also auffering, in common with the rest of the country, from the effects of the panic of 1873. Each year this amount was increasing. Many property owners had become discouraged, and much valuable real estate waa practically abandoned by those holding titles to it. It produced no revenus to the city. If offered for sale, no buyer would be willing to pay even the amount due the city for the fee simple of such property. The city had a cumbrous and expensive method of collecting arrearages by means of "sale for taxes." In that time of commercial depres- aion the system broke down completely. The efforts made to sell real estate for taxes only increased the burdens on each piece put up at auction, and made the prospect of ita ultimate redemption still more hopeless. Each attempted sale failed to produce revenus, for no buyera appeared. The result was simply vast auma drawn from the city to pay for futile adver- tising. The matter became a most serious municipal problem, and the prospect of corporate bankruptcy was one that con- fronted avery thoughtful citizen.

Mr. Scott perceived the situation, and falt especially called upon to devias a remedy. Being made up of the material of re- formers, he at once, without fear or favor, proposed a plan, which haa since been approved by a permanent adoption, although it was one thoroughly iconoclastic, and calculated to awaken hitter opposition on the part of many who had before profited out of the misfortunes of delinquent taxpayers. Tha remady proposed by Mr. Scott, and embodied in his annual report to the Mayor, December 4th, 1878, consisted, first, in cutting down the adver- tising expensea of landa to be offered for sale on account of taxes. Ha proposed that a simple announcement of tax salea ba made in the daily papers, instead of repeatedly advertising each piece separately. The plan involved the furnishing of cheaply printed lists of property to be sold to interested parties seeking information. By this means $100,000 to $200,000 would be saved to the taxpayers in the sale of arrearages then subject to sale. Of course, the press, that had for years been growing rich on this class of advertising, opposed the reform, as they also did Mr.

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Scott, the author, with all its power. But the reform won its way to adoption by the force of its merit, and has been engrafted into the laws of the State, so that its benefits are made continu- ous. To make this reform effective in results, at the time of financial peril, when it was adopted, Mr. Scott devised and first publicly advocated a compromise plan, by which over-burdened property might be so far relieved that owners would be induced to make an effort to redeem such property. This plan consisted in reducing the amount of accumulated and defaulted taxations, etc., on property that was burdened to near or quite its actual value, to a sum within the ability of the owner to pay. In lieu of such partial payments, property-holders were to be released from the full amount due on the tax-rolls for arrearages.

This was a most just arrangement, because, under the laws, taxes in default had been largely increased by usurious rates of interest. It was wise, because, if the city attempted to force the payment of the whole, it would have obtained nothing but an uncertain title to abandoned lands. The plan proposed by Mr. Scott was adopted by the city substantially, and later became a law by the act of the Legislature. This measure resulted in the rapid payment of large sums of long over-due taxes. The city treasury was benefited, and hundreds of handsome homes, pro- ducing each year prompt and increasing revenues to the city, now exist, where otherwise there would have been commons for years. Thus, by a wise foresight and a quick discernment of practical reforms, benefits of the widest range are often secured.

Mr. Scott has been active in many other directions, as a private citizen, in promoting reforms and improvements. Many fine buildings in Brooklyn are the result of his own real estate opera- tions, or his encouragement and assistance to others in that class of improvement. He has for a long time labored to secure for our city an equitable and practical system of " rapid transit." He was one of the early promoters of the founding of the Bush- wick and East Brooklyn Dispensary, and also one of the founders of the Bushwick Savings Bank, of which he is now a trustee, and the attorney. He has always been active on the side of the people at large, and more than one corporation has been thwarted in its efforts to invade the rights of citizens by the zeal and legal ability of Rufus L. Scott.

Politically, Mr. Scott is a Democrat; he has been invaluable to his party by his persistent and consistent advocacy of reforms in policy, and purity in all the workings of party management and party machinery, from the simplest caucus up to the more important functions. The contemporary press of the city of Brooklyn is not wanting in records of many hard-fought battles in ward meetings and conventions, wherein Mr. Scott has stood like a rock amid howling opposition, and in the face of oppos- ing majorities. But though sometimes outnumbered and de. feated, time has generally vindicated his judgment, and no man in the ranks of his party in this city is more widely respected. Testimony of this has been given by numerous offers of advance- ment to high positions of political honor and trust. But Mr. Scott has hitherto refused to accept them. Being free from bad habits, regular in his manner of living, of iron constitution, and ordained by nature with a rich bestowment of physical, in- tellectual and moral gifts to be a leader, it is manifest that he will be called imperatively by his fellow citizens to fill a still higher place in the affairs of this city and State than any he has yet occupied, active and useful as he has been in his busy and patriotic life.

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The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884, Volume II, Part 163

Author: Stiles, Henry Reed, 1832-1909, ed Publication date: 1884 Publisher: New York, W. W. Munsell & Co Number of Pages: 1345

Author: Stiles, Henry Reed, 1832-1909, ed
Publication date: 1884
Publisher: New York, W. W. Munsell & Co
Number of Pages: 1345