USA > Ohio > Cuyahoga County > Cleveland > A history of Cuyahoga County and the City of Cleveland, (Vol. 2) > Part 2
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42
Mr. Stone, a man of many and great activities, is a member of the In- dustrial Peace Commission, which has the custody of the Nobel Peace Prize. He is a member also of the Roosevelt Memorial Association, is a life member of the International Longfellow Association, and is an active and valued member of the Cleveland Federated Industrial Association, be- sides which he holds membership in the Old Colony Club and City Club of this city.
October 15, 1884, recorded the marriage of Mr. Stone to Miss Carrie E. Newell of Agency, Iowa, her father, L. F. Newell, having been a prominent
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breeder of short-horn cattle and Norman draft horses in Iowa. On the maternal side Mrs. Stone is a direct descendant of Hanna Paige Dustin of Vermont.
WILLIAM LOUIS DAY. Soon after his appointment in 1908 as United States Attorney, Judge Day removed to Cleveland, and has since been a distinguished resident of this city. He is a native of Canton, Ohio, where the family has resided for fifty years. In the Ohio bench and bar the name Day has been one of the most distinguished through a period of four score years. Luther, founder of the Ohio family, was born at Granville, New York, July 9, 1813, of Revolutionary ancestry. The sudden death of his father stopped his education, and until he was twenty he worked to support the family. After his father's debts were paid he began teaching as a means of defraying his college expenses. He remained three years as a student in Middlebury College of Vermont, but in 1838, while visiting his mother at Ravenna, Ohio, he decided to remain in this state, and began the study of law under Rufus P. Spalding. He was admitted to the bar October 8, 1840, in 1843 was elected prosecuting attorney of Portage County, and in 1851 was elected judge of the Court of Common Pleas, serv- ing two terms. He was a democrat until the Civil war. Early in the war he was appointed judge-advocate general on the staff of General Todd, in 1863 was elected a member of the State Senate, and resigned in 1864 to become a judge of the Supreme Court of Ohio. He was reelected to the Supreme Bench in 1869, and was again a candidate in 1874, but was de- feated with the rest of the state republican ticket. In April, 1875, he became a minority member of the commission to revise the statutes of the state. In 1876 Governor Hays appointed him a member of the Supreme Court Commission, this being his last public service. He died at Ravenna in 1886. His wife, Emily Spalding, was a daughter of his preceptor, Judge Spalding, and a granddaughter of Zepheniah Swift, who in early times served as chief justice of the Supreme Court of Connecticut. Rufus P. Spalding was a member of the Ohio Supreme Court and of Congress.
The late Judge William Rufus Day, a son of Judge Luther and Emily (Spalding) Day, was for a quarter of a century one of the ablest men in our national life, and his career belongs among great Americans as well as eminent Ohioans. He was born at Ravenna, Ohio, April 17, 1849, and as a boy in that community before and during the Civil war he was strongly impressed by the actions of men willing to work and die if need be for a principle or cause. He attended the public schools of Ravenna, was a stu- dent in the Academic and Law departments of the University of Michigan from 1866 to 1872, receiving his Bachelor of Science degree in 1870. The University of Michigan in 1898 conferred upon him the degree of Bach- elor of Laws, and he was similarly honored by other institutions. On being admitted to the bar in 1872 he began practice at Canton, where he and his associates gained a reputation second to none in the state.
From 1886 to 1890 he was judge of the Court of Common Pleas. In 1889 President Harrison appointed him United States district judge for Northern Ohio, but on account of failing health he resigned before begin- ning his judicial duties. In March, 1897, his fellow townsman, President McKinley, called him to Washington as assistant secretary of state, and on
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April 26, 1898, a few days after the outbreak of the war with Spain, he succeeded another Ohioan, John Sherman, as secretary of state. He ad- ministered the affairs of that great office practically throughout the Cuban war. In September, 1898, he was succeeded by John Hay, and then became chairman of the United States Peace Commission at Paris and negotiated the Treaty of Peace with Spain. In 1899 Judge Day was appointed United States Circuit Judge of the Sixth Circuit, and in February, 1903, President Roosevelt raised him to the rank and dignity of an associate justice of the Supreme Court.
Judge Day served on the United States Supreme Bench nearly twenty years. As a jurist he was characterized as a "very conservative thinker, a man who abhors everything in the nature of 'fireworks,' studying out his conclusions with a calm mind and expressing his opinions with apparently a complete indifference to public clamor and superficial currents of sen- timent. Judge Day, while always absolutely frank in his utterances, pos- sesses that balance of faculties which makes him a safe and reliable counselor in every national crisis."
Judge Day resigned from the Supreme Bench, November 14, 1922, and for several months following he acted as umpire of the United States- Germany claim commission. For forty years he had been spending his summers at Mackinac Island, Michigan, and he died at his home there July 9, 1923. He is survived by two brothers, both eminent in the Ohio bar, David B. Day, who for many years was associated in practice with Judge Day, and also Robert H. Day, a justice of the Ohio Supreme Court.
In 1875 Judge W. R. Day married Mary Elizabeth Schaefer, daughter of Louis Schaefer, for many years a member of the Stark County bar. Mrs. Day died January 5, 1912, the mother of four children, William L. and Luther Day, of Cleveland; Stephen A. Day, of Chicago, and Rufus S. Day, of Washington, D. C.
William Louis Day, of Cleveland, was born at Canton, Ohio, August 13, 1876, was educated in public schools there, graduated in 1896 from Williston Seminary at Easthampton, Massachusetts, and studied law in his father's alma mater, the University of Michigan, where he graduated in 1900. In the same year he began private practice at Canton, and for some time was junior member of the law firm of Lynch, Day & Day. He served two years as city solicitor of Canton. In March, 1908, under appointment from President Roosevelt, he began his duties as United States district attorney for the Northern District of Ohio, and on May 13, 1911, he was elevated to the United States District Bench. As most of his court duties were in Cleveland, he removed to this city and when he resigned from the bench, May 1, 1914, he resumed private practice as a member of the Cleve- land law firm of Squire, Sanders & Dempsey. At the present time he is a member of the firm of Day & Day.
Judge Day has among his ancestors a number of the most distinguished men in the Ohio bench and bar, yet for all this heritage it is noteworthy that before he was forty years of age he had offices which are regarded as the crowning distinctions of the legal profession. In younger years he was a prominent leader in republican politics. Judge W. L. Day is a member of the Hermit, Nisi Prius, and Cleveland Athletic clubs, also the Union Club, the Country Club and the Big Ten Club. On September 10, 1902'
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he married Miss Elizabeth E. McKay, of Caro, Michigan, daughter of Hon. William McKay. The two children of Judge and Mrs. Day are : William R., born in 1904, and Jean Cameron, born in 1910.
HON. HENRY A. TILDEN has been a member of the Cleveland bar for thirty years, giving to his clients the benefit of his thorough training and strong natural gift as a lawyer.
Mr. Tilden was born at Olmsted Falls, Cuyahoga County, the son of Henry O. Tilden, a native of New York State, and of English ancestors. His father coming to Ohio about 1857, settled in Cuyahoga County, where in addition to farming he practiced his profession as veterinary surgeon. His wife was Miss Northrup, a daughter of Dr. Charles North- rup, who graduated from the medical department of Adelbert College, then at Hudson, but since a part of the Western Reserve University. He graduated in medicine in 1844, and practiced many years in Cuyahoga County.
Dr. Charles Northrup married Julia Carter, daughter of a dis- tinguished pioneer of Cleveland, Lorenzo Carter. Henry A. Tilden, therefore, is a great-grandson of this frontier man whose life enters prominently into every historical chronicle of the founding and early days of Cleveland.
Lorenzo Carter was born in Rutland, Vermont, acquired a good edu- cation, learned surveying and was also a millwright by trade. As a young man he explored much of the northwestern countries, and on one trip crossed the Ohio River at Cartersville, Kentucky. Daniel Boone com- missioned him to build a flour mill, this being one of the first mills in the Ohio Valley. After completing this work Lorenzo Carter pushed on through the wilderness to the Mississippi, thence to the shores of Lake Superior, and was in Canada late in 1796. In May, 1797, he arrived in Cleveland. In 1804 he was elected to office in the State Militia, and thereafter was known generally as Major Carter. He is described as more than six feet tall, of swarthy complexion, with long black hair and the muscular power of a giant. He was brave to the edge of daring, but amiable in temper and spirit. He had unbounded influence with the In- dians, who believed that he bore a charmed life and could not be killed. According to Howe's history, during the summer and fall of 1798 nearly every person in the community was ill. Major Carter, though himself suffering from fever and ague, was able to employ his trusty hounds and his skill as a hunter to supply sufficient venison and other wild meats so that the sufferers did not starve. Major Carter died in 1811, when forty- seven years of age. At the time of his death he was said to have pos- sessed about 4,000 acres of land in Cuyahoga County. He had several men in his employ. One morning, when breakfast was called, a young man was found to be missing, and Major Carter at once started away in the direction he was said to have taken, and overtaking the employe, ordered him to return. On reaching home he told the man to go in and eat breakfast, and afterward called him out and said: "I owe you some money and here it is. Take it and go your way. Remember, no man will leave my employ until he has received his pay." Many other curious stories are told in pioneer reminiscences concerning Major Carter. His
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Stevenson Burke
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wife was Rebecca Hawley, who died October 18, 1827, at the age of sixty-one.
When Henry A. Tilden was a small child both his parents died, and he lived with his maternal grandparents. His grandmother told him many of the incidents of early days in and around Cleveland. On her death bed she exacted a promise from him that he would never use intoxicating liquors, and Mr. Tilden has kept his promise faithfully, never having used liquor or tobacco in any form .. He acquired his education in the public schools of Olmsted Falls and the Cleveland High School. He began the study of law in the office of Judge Noble, and also attended the University of Michigan. He was admitted to the bar in 1894, and since then has carried on a general practice in Cleveland, his offices being located in the Arcade. He has manifested a commendable interest in public affairs, and in 1900 was elected a member of the State Legislature on the republican ticket. In 1901 he married Ann Wetzel, a native of Cleveland and daughter of John and 'Adaline Wetzel. They have one son, Burton T., a graduate of the Glenville High School, who continued his education at the University of Chicago and is now connected with the firm of Hill, Joiner & Company, Chicago.
Henry A. Tilden is a member of Halcyon Lodge, Masons, Hollywood Commandery, Knights Templar, and a member of the Second Presbyterian Church.
STEVENSON BURKE. Not too often, and not through the medium of too many vehicles of publication, can tribute be paid to a man whose life had so great significance as that of Judge Stevenson Burke, for every such tribute, by very reason of its subject, must have its measure of objective, inspiration and incentive. What more can be said of him than that in all of the relations of an intensely earnest and distinguished career he lived up in the fullest sense to his own and frequently expressed ideal: "One of the greatest achievements of man is to do right." Judge Burke, long one of the most prominent and most highly honored citizens of Cleveland, made his influence potent in its every contact, and as a lawyer, as a loyal and generous citizen, as a man of large and important capitalistic interests, and as the tolerant, kindly personality that placed true valuations on humanity, he centered his every thought and action in the determination to do what was right and good. In short, his was a life distinguished by high purpose and marked by large and worthy achievement.
Judge Burke was born in St. Lawrence County, New York, November 26, 1826, and his death occurred April 24, 1904. He was about eight years of age when his parents came to Ohio and established the family home at North Ridgeville, Lorain County. He early manifested intellectual pre- cocity and a spirit of leadership, and from his boyhood until the close of his life he made every experience and every application render its quota of knowledge of cumulatively fortifying order. His was a life of intel- lectual and spiritual growth. At the age of seventeen years Judge Burke proved himself eligible for pedagogic honors, and made a record of success- ful service as a teacher in the district schools. Through his own resources, and with an ambition that was not to be denied, he provided the means for obtaining a higher education than the financial powers which his parents
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could not supply. Thus he was enabled to profit by the advantages of the Ohio Wesleyan University, and in consonance with his well formu- lated plans he thereafter turned his attention to the study of law. His splendid powers of absorption and assimilation came into effective play and he made rapid advancement in his study of jurisprudence, with the result that he was admitted to the Ohio bar in 1848, shortly after attaining to his legal majority. As touching the professional career of Judge Burke, the following estimate is well worthy of reproduction here: "No dreary novitiate awaited him. He came to the starting point of his law practice well equipped with broad legal learning and laudable ambition. To an understanding of uncommon acuteness and vigor he added thorough and. conscientious preparatory training, while he exemplified in his practice all the higher attributes of a truly great lawyer. He was constantly inspired by an innate and inflexible love of justice, and also by a delicate sense of personal honor that controlled him in all of his personal relations. His fidelity to the interests of his clients was proverbial, and yet he never forgot that he owed a higher allegiance to the majesty of the law. His diligence and energy in the preparation of his cases, as well as the earnestness, tenacity and courage with which he defended the right, as he understood it, challenged the highest admiration of his associates. He invariably sought to present his arguments in the strong, clear light of common reason and logical principle. He made rapid advance, and when he was only twenty-six years of age his law practice exceeded that of any other attorney of Lorain County. He was connected with every case of im- portance heard in the County Court and with many important litigated : interests in adjoining counties. He acted as counsel in nearly all, if not every, case taken from his home county to the Supreme Court, and he. proved himself a foe worthy of the steel of the ablest lawyers in the country."
In 1862 Judge Burke was elected to the bench of the Court of Common Pleas in Lorain County, and he continued in service in this connection until 1869, when he resigned, for the purpose of resuming the practice of his profession. In that year he engaged in practice in the City of Cleveland, and here he had as law partners at various times such well-known attorneys . as F. T. Backus, E. J. Estep, W. B. Sanders and J. E. Ingersoll. He soon gained leadership at the Cleveland bar, and appeared in connection with many of the most important cases presented before the State and Federal Courts of Ohio. He was a leading lawyer in a number of cases that attracted national attention. Thus he represented the controlling corporations in cases growing out of the Atlantic & Great Western Railway manipulation; a case involving the Cleveland, Columbus, Cincinnati & Indianapolis Railway, as against the Cincinnati, Hamilton & Dayton Rail- way ; a case involving the constitutionality of the Scott liquor law ; the great Hocking Valley Railroad arbitration case, and a large number of others of equal importance, in which not only large financial interests but also important legal measures were involved.
It was undoubtedly his connection with railway litigation, as noted in: the preceding paragraph, that eventually led to the advancement of Judge Burke to a place among the great railway owners and capitalists of. the West. He was for many years a director and the general counsel of
Burke
Ella ML.
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THE CITY OF CLEVELAND
the Cleveland, Columbus, Cincinnati & Indianapolis Railroad, and of this corporation he was eventually made the president. He likewise became the chief executive of the Indianapolis & St. Louis Railroad Company, and gave long service as a director of the Cincinnati & Springfield ; the Dayton & Michigan; the Cincinnati, Hamilton & Dayton ; the Cincinnati, Hamilton & Indianapolis; the New York, Chicago & St. Louis, and the Central Ontario Railroad companies. He served as president of the Columbus, Hocking Valley & Toledo Railroad, and for many years was president of the Toledo & Ohio Central, the Cleveland & Mahoning Valley, the Kanawha & Michigan, and the Central Ontario Railroad companies, besides which he conducted, for William H. Vanderbilt, the negotiations that resulted in the purchase of what is best known as the Nickel Plate Railroad. He became one of the heavy stockholders of the Canadian Copper Company, which owned the largest nickel mines in the world, and was made president of this important corporation. In all these connections the service of Judge Burke was distinctively of constructive order. A mind of remark- able brilliancy was that of this noble man, and he ever used his powers wisely and justly, with a deep appreciation of his personal stewardship and of the responsibilities which individual success imposes. His charities and benevolences were large, but invariably unostentatious, and it would ill comport with his intrinsic modesty here to give review of the many acts of service and human sympathy that marked his course as he passed along the path of his earnest and upright life. It has well been said that Judge Burke "stood as an American citizen absolutely kingly in the deportment of his life." He made the most of himself and his powers at every stage of his splendid career, and represented the best in human thought and action. The limitations of this publication prevent as full review of the life and service of Judge Burke as could be wished, but here has been, it is trusted, offered a survey that shall bring its measure of lesson and inspiration, as suggested in the opening paragraph of this memoir. Through manifold avenues did Judge Burke find opportunity to show his loyalty to and appreciation of his home city, and in this connection it may be specially noted that he was the recognized leader in the support and direction of the Cleveland School of Art. He and his wife, who still maintains her home in Cleveland, were energetic in their activities in the furthering of the social and cultural agencies that make for the higher ideals in human affairs, and Mrs. Burke, a gracious gentlewoman who is loved by all who have come within the sphere of her influence, is now president of the Board of Trustees of the Cleveland School of Art. She is an earnest member of the Second Presbyterian Church of Cleveland, and is affiliated with the Society of the Daughters of the American Revolution, and still finds joy in her participation in the social activities of her home city.
On the 28th of April, 1849, was solemnized the marriage of Judge Burke and Miss Parthenia Poppleton, a daughter of Rev. Samuel Pop- pleton, of Richland County, Ohio. The death of Mrs. Burke occurred April 7, 1878, and she was not survived by children. June 22, 1882, recorded the marriage of Judge Burke and Mrs. Ella M. (Beebe) South- worth, of Clinton, New York, she being a daughter of the late Henry C. Beebe, who was a scion of a family that was founded in Massachusetts in
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the Colonial period of our national history. The devoted companionship of Judge and Mrs. Burke continued nearly a quarter of a century, and was severed only when death placed its seal on the mortal lips of the honored subject of this memoir. A perfect harmony of intellectual, spiritual and social ideals made the companionship of Judge and Mrs. Burke one of idyllic order, and in Cleveland Mrs. Burke finds ample demand upon her time and attention in connection with her charitable and benevolent services, her church work and her position as the popular chatelaine of one of the most beautiful homes of the Ohio metropolis, this home being situated at 10710 Magnolia Drive.
ALFRED CLUM. For more than three decades Alfred Clum has been an active member of the Cleveland bar, and for the greater part of this period has been ranked with the city's most eminent lawyers.
Mr. Clum was born on Staten Island, New York, September 26, 1863, a son of William H. and Elizabeth Ann (Van Deusen) Clum, both of whom were born in Columbia County, New York. The ancestors on the paternal side came to the United States from a province of Germany bordering on Holland. The progenitor of the Van Deusen family in America was Abraham Pietersen Van Deusen, who came to New Amster- dam with the first Dutch settlers. The father of Mr. Clum was a farmer in Columbia County until 1872, when he moved with his family to the District of Columbia, and his death occurred there in 1889, at the age of seventy-five years. The mother of Mr. Clum died at Kensington in 1918, having passed her ninety-sixth birthday. Of the ten children of the family Mr. Clum was the youngest born and is one of the six survivors.
Alfred Clum was nine years old when the family settled in the District of Columbia, where he attended the public schools until 1881, in which year he was graduated from a high school in Washington, District of Columbia. Mr. Clum spent the year 1882 teaching school at High Bridge, New Jersey, and in 1883 was graduated from the law department of Columbia, now George Washington University, with the degree of Bachelor of Laws. In the fall of 1884 he became connected with the United States Pension Bureau at Washington, and while there took a post-graduate course in law at old Columbia University, receiving the degree of Master of Laws in 1885, and in that year was admitted to the bar of the District of Columbia, and later was admitted to practice in the Supreme Court.
In August, 1885, Mr. Clum was detailed as a special examiner of United States pensions, with headquarters at Cambridge, Guernsey County, Ohio, from which point he was transferred to Cleveland in the fall of 1886. Mr. Clum resigned this office in April, 1887, and was ad- mitted to the Ohio bar in 1889. During his professional career he has been at times associated with men of high standing and honorable prac- tice at Cleveland, including M. B. and H. W. Johnson, Thorn J. Moffett, A. F. Ingersoll and George B. Marty. He has controlled an extensive practice, and additionally, for a number of years, has been a member of the faculty of the Law School of Baldwin-Wallace College, and is now professor of the law of real property, equity and evidence.
In political life Mr. Clum is a republican. At times he has served in
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THE CITY OF CLEVELAND
offices of public importance, in the line of his profession. From April, 1902, to January, 1910, he served as solicitor for the Village of East Cleveland, and when the village was incorporated as a city, in 1911, he was elected its first city solicitor, which office he held from January 1, 1912, to January 1, 1914. From January, 1918, to December 31, 1921, he filled the office of first assistant director of law of the City of Cleve- land, and resumed that position February 1, 1924.
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