USA > Ohio > The biographical annals of Ohio, 1904-1905. A handbook of the government and institutions of the state of Ohio Vol. 2, Pt. 2 > Part 12
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Animals affected with rabies, southern cattle fever, sheeppox, mange, or any other dangerous, infectious or contagious disease, the spread of which can be controlled by isolation of the infected animals, are strictly quarantined until all danger of communicating the disease has passed. The cost of the quarantine is always borne by the owner of the quar antined animals.
Shipments of live stock into the state and cars or other conveyances carrying such live stock, are subject to inspection by the State Veterin- arian whenever this is necessary to enforce any of the rules and regula- tions of the Board. The State Veterinarian is the authorized person to issue certificates of health for animals intended to be shipped to other states requiring such certificates.
Special plans for controlling tuberculosis in cattle and swine and for reducing the losses occasioned by hog cholera are being introduced ; literature relating to these subjects is from time to time issued by the State Veterinarian and distributed to all applicants who may be inter- ested.
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THE BIOGRAPHICAL ANNALS OF OHIO.
The Board of Live Stock Commissioners.
OFFICERS.
Name.
Office.
Jeremiah L. Carpenter Wm. Miller. Wells W. Miller James W. Fleming Paul Fischer.
President. Vice-President. Secretary. Assistant Secretary. Veterinarian.
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MEMBERS.
Name.
Term Expires.
Thaddeus E. Cromley, Ashville, Pickaway County Thomas L. Calvert, Selma, Clark County. William Miller, Gypsum, Ottawa County. Jeremiah L. Carpenter, Carpenter, Meigs County Charles H. Ganson, Urbana, Champaign County. Alfred Putnam Sandles, Ottawa, Putnam County Roldon O. Hinsdale, Wadsworth, Medina County Samuel Taylor, Grove City, Franklin County. L. P. Bailey, Tacoma, Belmont County. E. L. Lybarger, Spring Mountain, Coshocton County
January, 1905. January, 1905. . January, 1906. January, 1906. January, 1907. January, 1907. January, 1908.
January, 1908. January, 1909. January, 1909.
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THE BOARD OF VETERINARY EXAMINERS.
T HE law creating the State Board of Veterinary Examiners was passed by the General Assembly May 21, 1894. The Board consists of five members ; the Secretary of the State Board of Agriculture and the Secretary of the State Board of Health are made ex officio members by the law, while the Governor has the ap- pointment of the other members. A list of the officers, from the organiza- tion of the board to date, is given below :
PRESIDENTS.
Names.
Residence.
Term of Service.
L. N. Bonham. W. W. Miller.
Oxford Castalia.
July 25, 1894, to Feb. 1, 1895. February 1, 1895-still serving.
SECRETARIES.
Names.
Residence.
Term of Service.
Dr. C. O. Probst
Columbus.
Dr. N. B. Smith.
Basil
Dr. H. J. Detmers.
Columbus
Dr. W. E. Wight
Delaware
Dr. D. S. White
Columbus.
July 25, 1894, to July 2, 1895. July 2, 1895, to October 6, 1896. October 6, 1896, to July 18, 1898. July 18, 1898, to October 6, 1898. October 6, 1898-still serving.
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SELWYN N. OWEN.
Member State Board of Arbitration.
Selwyn N. Owen was admitted to the bar in 1862, and began practice in Fremont, Ohio. In 1863 he removed to Bryan, Ohio, where he soon entered upon a large and remunerative practice in Northwestern Ohio.
In 1876 he was elected to the Common Pleas bench and re-elected in 1881. In 1883 he was elected to the Supreme Court of Ohio, where he served for nearly six years, four years of which time he was Chief Justice of that court, retiring in 1889. He at once entered upon a successful practice and In 1893 he was appointed to a membership of the State Board of Arbitration and was made its chairman, in which capacity he is still serving. In 1897 he was appointed by Mayor Samuel L. Black, Director of Law of the city of Columbus, and served for two years. He is a Democrat in politics and will be 67 years old on July 5, 1903.
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NOAH H. SWAYNE.
Member State Board of Arbitration.
Governor Charles Foster was succeeded by Noah Haynes Swayne, a son of Judge Noah H. Swayne of the United States Supreme Court and Sarah Ann Wager of Harper's Ferry, Virginia. He was born in Columbus, Ohio, November 30, 1847. He prepared for college at Phillips Academy, Andover, Massachu- setts, and graduated from Yale in the class of 1870. He is a member of the bar of the State of Ohio and is senior member of the firmof Swayne, Haynes, Fuller and Tyler, of Toledo, Ohio. He served one term in the Legislature, hav- ing been a member of the 65th General Assembly. In 1900 he was Presidential Elector and in 1903 he was nominated as Elector at Large from the State of Ohio, by the Republican convention, held in the summer of that year. He is President of the Toledo City Library Board and has occupied a number of similar positions. He was married March 16, 1886, to Miss Frances, daughter of the late J. B. Sickles, of St. Louis, Missouri.
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JOSEPH BISHOP.
Member 'State Board of Arbitration.
Joseph Bishop was appointed by Governor Mckinley to represent labor on the State Board of Arbitration, and upon the organization of the Board, May 29, 1893, he was elected Secretary and has filled that position ever since. He is the acting member of the Board and the only one who devotes his entire time to the work. All routine business passes through his hands and the policy pursued in labor controversies is in the initiatory stage left to his judgment.
Mr. Bishop was born at Buford, South Wales, June 9, 1839. His father was an iron worker and emigrated to America in 1840, locating at Pittsburg, Pa. Here, Joseph attended the public schools until he was thirteen years old at which ag. he started to work in the rolling mill. In 1859, he took an active part in organizing the United Sons of Vulcan, or Puddler's Union, the first or- ganization of iron workers in this country. He continued to work at his trade of puddling and his activity in the union until the breaking out of the Civil War, when he enlisted in Company B, 13th Pennsylvania Volunteers. At the close of the three months' service he re-enlisted in Company B, 102nd Pennsyl- vania Regiment, and was commissioned First Lieutenant. At the close of the war he returned to Pittsburg and resumed his vocation. At the National Con- vention of the United Sons of Vulcan, held at Philadelphia, in August, 1874, Mr. Bishop was elected National President, which office he held for three years, and during which time he established the first yearly scale of wages for the iron workers of America. He formed the plan of consolidating the various iron workers' unions into one organization. The result of this effort was the formation on August 4, 1876, of the Amalgamted Association of Iron and Steel Workers'of the United States. He served as its President until 1881, when he retired from office and again went to work in a rolling mill continuing there until 1885, when he removed to Columbus.
Mr. Bishop was appointed a member of the State Board of Arbitration by Governor Mckinley in April, 1893, re-appointed by Governor Bushnell in 1896 and 1899, and again re-appointed by Governor Nash in 1902.
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THE STATE BOARD OF ARBITRATION.
T HE State Board of Arbitration was organized May 29, 1893, under an act of the previous session of the General Assembly of Ohio, Governor Mckinley having appointed as members of such board the Hon. John Little, ex-member of Congress, from Greene County ; the Hon. Selwyn N. Owen, ex-Chief Justice of the Supreme Court of Ohio, and Joseph Bishop, a representative of the Trades Unions, both of the latter from Franklin County. Mr. Owen was elected chair- man of the Board and Mr. Bishop secretary, and these officers have served uninterruptedly by re-appointment and re-election. Mr. Little died October 18, 1900, and in his stead the Governor appointed Mr. R. G. Richards, of Steubenville, a former Lieutenant-Governor of Ohio. On February 20, 1902, Mr. Richards tendered his resignation having previously been elected to the Common Pleas bench. The vacancy caused by the resignation of Mr. Richards was filled on May 10th, when the Governor appointed George W. Crouse, of Akron, to serve the unex- pired term. Mr. Crouse served until the end of the term, April 9, 1903, when he was succeeded by ex-Governor Charles Foster, of Fostoria. Mr. Foster died January 9th, 1904. The vacancy thus caused was filled by the appointment of Hon. Noah H. Swayne, of Toledo. There have been no other changes in the board since its creation in 1893. It has acted as arbitrator in a number of serious difficulties between employers and workmen. Its most important work, however, has been along the line of mediation and conciliation. In many instances what might have been serious trouble has been checked in its incipiency through the prompt and conciliatory officers of the board.
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STATE GEOLOGISTS.
T HE First Geological Survey of Ohio was authorized in 1837, and work was begun in that year by W. W. Mather, who published in 1838 the results of the field work done by himself and as- sistants in 1837 and 1838. From 1839 to 1869 the work stood in abeyance.
The second Geological Survey was undertaken during the year 1869 by Legislative authority with Prof. John S. Newbery in charge, and was prosecuted by him till 1882 by which time seven volumes had been published. These volumes were devoted chiefly to the scientific side of the subject; the economic side on which the popular interest chiefly centered was delayed.'
Partly owing to this delay Professor Edward Orton, who had been working on the Geological corps since 1869, was promoted to the position of State Geologist. He immediately took up the economic reports bring- ing them out in three principal volumes and a number of smaller publi- cations.
In 1889, at the request of Professor Orton, a third organization of the Survey was made by which it became a permanent bureau with in- structions to present annual reports. But one report was submitted strictly according to the terms of this law. From 1893 to 1899 the work stood in abeyance, no appropriations being made, though the office existed at least by title.
In 1899 on the death of Edward Orton, his son Edward Orton, Jr., was appointed, and is still in office. A fourth series of publications has been begun, and one volume distributed.
The roster of State Geologist is therefore :
W. W. Mather 1837-1839
John S. Newberry 1869-1882
Edward Orton. 1882-1899
Edward Orton, Jr. .1899-
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STATE BOARD OF EMBALMING EXAMINERS.
John H. Shearer, Alliance
June 6, 1902 to June 5, 1905
R. E. Jones, Columbus. June k, 1903, to June 5, 1906
W. M. Bateman, Zanesville July 2, 1904, to June 5, 1907
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THE ARCHAELOGICAL AND HISTORICAL SOCIETY.
A BRIEF HISTORY.
D URING the year 1875, an archeological society was formed at General Brinkerhoff's home, in Mansfield, Ohio. The society, through the efforts of General Brinkerhoff, received an appro- priation from the Legislature of two thousand five hundred dol- lars, to be expended in making an exhibit at the Centennial Exposition at Philadelphia. Prof. John T. Short, of the Ohio State University, was secretary of the society, and it flourished under his secretaryship until nis untimely death (November 11, 1883), when the society became dor- mant and practically inoperative. Governor Hoadley, who took an active interest in all matters pertaining to the archæology and history of the State, upon his accession to office conferred with Mr. A. A. Graham and suggested a revival of the old society. A meeting for the purpose of carrying into effect this suggestion was convened at the Secretary of State's office, on the twelfth day of February, 1885, and it was decided to extend to all persons in the State interested in the formation of such a society, an invitation to meet on the twelfth day of March following, at Columbus, Ohio. In response to the circulars sent out, some sixty gen- tlemen, from all parts of Ohio, representing the various departments of scholarship, convened on the day specified, in the Library Room of the State Capitol. The meeting having been called to order by Hon. S. S. Rickley, the Hon. Allen G. Thurman was made President, and Mr. A. A. Graham elected Secretary. This convention continued in session for two days, and resulted in perfecting an organization known as The Ohio .
State Archaelogical and Historical Society, which was duly incorporated on the 13th day of March, 1885. The articles of incorporation succinctly set forth the purposes and aims of the society, as follows :
I. The name of such corporation shall be The Ohio State Archaeo- logical and Historical Society.
2. Said corporation shall be located and its principal business trans- acted at the City of Columbus, County of Franklin, and State of Ohio.
3. Said society is formed for the purpose of promoting a knowledge of Archaeology and History, especially of Ohio, by establishing and main- taining a library of books, manuscripts, maps, charts, etc., properly per- taining thereto; a museum of prehistoric relics and natural or other curiosities or specimens of art or nature promotive of the objects of the Association-said library and museum to be open to the public on reason- able terms-and by courses of lectures and publication of books, papers,
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THE BIOGRAPHICAL ANNALS OF OHIO.
The Archaeological and Historical Society.
and documents touching the subjects so specified, with power to receive and hold gifts and devises of real and personal estate for the benefit of such Society, and generally to exercise all the powers legally and properly pertaining thereto.
4. Said Society has no capital stock.
The Articles of Incorporation were signed by twenty-eight persons.
TRUSTEES OF THE SOCIETY IN 1904.
Elected by the Society.
Name.
- Residence.
Term Expires
Hon. J. Warren Keifer
Springfield
1906.
Bishop B. W. Arnett
Wilberforce.
1906.
Hon. S. S. Rickly
Columbus ..
1906.
Mr. G. F. Bareis.
Canal Winchester
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1906.
Hon. Rush R. Sloane.
Sandusky.
1906.
Prof. C. L. Martzolff
New Lexington
1905.
Prof. J. P. MacLean.
Franklin.
1905.
Prof. G. Frederick Wright.
Oberlin
1905.
Col. James Kilbourne.
Columbus.
1905.
Judge James H. Anderson
Columbus.
1905.
Gen. R. Brinkerhoff
Mansfield.
1904.
Hon. M. D. Follett.
Marietta.
1904.
Hon. D. J. Ryan
Columbus.
1904.
Rev. H. A. Thompson, D. D.
Dayton ...
1904.
Mr. W. H. Hunter.
Chillicothe
.
1904.
,
APPOINTED BY THE GOVERNOR.
Name.
Residence.
Term Expires.
Prof. M. R. Andrews.
Marietta
1905.
Hon. M. S. Greenough
Cleveland.
1905.
Col. J. W. Harper
Cincinnati
1906.
Rev. N. B. C. Love
Elmore.
1906.
Prof. B. F. Prince.
Springfield
1905.
Hon. E. O. Randall
Columbus
1905.
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THE BIOGRAPHICAL ANNALS OF OHIO.
The Archaeological and Historical Society.
OFFICERS OF THE SOCIETY IN 1902.
ELECTED BY THE TRUSTEES, JUNE 6, 1902.
Name.
Office.
Elected.
Gen. Roeliff Brinkerhoff
President
1903
Geo. F. Bareis
1st Vice-President
1903
G. Fred Wright
2d Vice-President 1903
E. O. Randall, Ph. B., LL. M.
Secretary and Editor
1903
Hon. S. S. Rickly
Treasurer
1903
Edwin F. Wood
Assistant Treasurer
1903
W. C. Mills, M. Sc.
Curator and Librarian
1903
PAST OFFICERS.
The following have served as Presidents of the Society since its organiza- tion: Allen G. Thurman, Francis C. Sessions, Rutherford B. Hayes, and Roe- liff Brinkerhoff.
Mr. A. A. Graham occupied the office of secretary from the organiza- tion of the society, March 13, 1885, until December, 1893, when ill health compelled him to remove West. He died in Albuquerque, N. M., in Feb- ruary, 1896.
Mr. E. O. Randall was elected assistant secretary in December, 1893, to act as secretary in the absence of Mr. Graham. At the annual meet- ing of the trustees February 20, 1894, Mr. Randall was elected associate secretary, and February 19, 1895, was elected secretary, which office he has since held.
WORK OF THE SOCIETY.
The society has an Archaeological Museum in Orton Hall, Ohio State University, in which there is a collection of 50,000 specimens of the relics and antiquities of the Mound Builders and later Indians. It has a valu- able library numbering hundreds of volumes pertaining mainly to the his- tory of Ohio. The Society publishes each year an annual volume of ma- terial concerning the history, archaeology and biography of the state. It has published eleven such volumes, averaging 400 pages to the volume, also an Archaeological History of Ohio. The Society is the custodian of Ft. Ancient, Warren county, and Serpent Mound in Adams county. Each summer it sends out a corps of explorers for the purpose of examining the prehistoric mounds and making permanent record of the discoveries made therein.
THE STATE AGENT FOR WAR CLAIMS VS. UNITED STATES GOVERNMENT.
T HE office of Ohio State Agent for War Claims was created to . properly present and prosecute the claims of Ohio against the general government for money expended in the raising and equipping of Ohio Volunteers entering the service of the United States to aid in the Civil War, 1861-1865. Prior to 1880 the duties of 'said office was entrusted to the Adjutant and Quartermaster General of the State. Ohio expended on the account of the government during the Civil War in round numbers $6,000,000, and of the large sum this office ·has collected and returned all save $200,000. . For money expended on the account of the Spanish War Ohio has been equally fortunate in the settlement of the claim against the general government-having expended upward of $450,000, all of which has been reimbursed save $17,000 yet unsettled. The appointment of War Claim Agent is made by the Gov- ernor. Since 1880 the appointment as agent has been given to W. O. Tolford, and his service has been continuous to the year 1904. Prior thereto he was employed upon similar duty in the office of the Adjutant General of Ohio. His total services as Claim Agent have extended over a quarter of a century.
' The following is a list of Soldiers' Claim Agents and Pay Agents for war expenditures on account of the general government :
B. P. Baker, 1862; A. B. Lyman, 1862; James E. Lewis, 1862; J. C. Wet- more, 1862; Hiram Beall, 1863; F. W. Bingham, 1863; R. E. Cox, 1863; Jonathan Cranor, 1863; Weston Flint, 1863; J. C. Todd, 1863; L. R. Brownell, 1864; D. K. Cady, 1864; Vesalius Horr, 1864; John Karr, 1864; R. L. Stewart, 1864; D. R. Taylor, 1864; W. G. Taylor, 1864; Warren Clark, 1864.
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PART FOUR.
THE JUDICIARY OF THE TERRITORIAL AND STATE GOVERNMENT IN OHIO.
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TABLE OF CONTENTS-PART FOUR.
PAGE.
Commendation of the Judiciary 651
Biographical Sketches of Present Judges of the Supreme Court of Ohio. 654 The Supreme Court of the State of Ohio. 652
Judges of the Territorial Courts of the Northwest Territory (1787-1802) 661
Judges of the Supreme Court of the State of Ohio (1802-1851) 663
Judges of the Supreme Court of Ohio Under the Constitution of 1851 668 The Supreme Court Commissions 675
The Supreme Court Law Library.
676
The Reporter of the Supreme Court 681 The Clerk of the Supreme Court 684
The Circuit Courts of Ohio. 686
The Courts of Common Pleas 692
The Courts of Common Pleas Since 1851 712
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AN EXECUTIVE TRIBUTE TO THE JUDICIARY OF OHIO.
W HILE engaged in a search through the legislative journals of Ohio for data for the Ohio Hundred Year Book (1901) of which this publication is a continuation, the following ex- pressive paragraph was found in the annual address of Gov- ernor Joseph Vance to the General Assembly. of Ohio, December 13, 1836:
."I have again and again, whilst on business in the eastern cities, heard our judiciary spoken of in terms that made me proud that I was a citizen of Ohio. 'No collusion or fraud, sir,' says an eminent merchant of one of our eastern cities, 'can stand before your judiciary.' This is the character, gentlemen, that causes capital to seek employment here ; this is the character that gives security to our rights, and value to our property ; and to these combined causes, are to be attributed a large por- tion of that flowing prosperity that is felt throughout every portion of our commonwealth."
Ohio was but a trifle over 33 years old as a state when a pioneer governor spoke to a pioneer general assembly in these glowing terms of a pioneer judiciary ; in the years since 1836 Ohio has continued to owe to the Judiciary of the state the security and character which attracted attention in the early years of statehood. There are many jewels hidden in those old legislative journals ; this is but one of them.
E. HOWARD GILKEY, Law Librarian.
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THE SUPREME COURT OF THE STATE OF OHIO.
(MEMBERSHIP JULY, 1904.)
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WILLIAM T. SPEAR, Chief Justice. .
JUDGES.
WILLIAM Z. DAVIS, JOHN A. SHAUCK, JAMES L. PRICE, WILLIAM B. CREW. AUGUSTUS N. SUMMERS
ORGANIZATION.
T HE Supreme Court of the State of Ohio as at present constituted consists of six judges who are elected for six years, the term of one judge expiring each year. This court is divided into two divisions of three judges each, the first division consisting of the Chief Justice and the third and fifth judge in the order of the expira- tion of their terms, and the second division consists of the remaining three.
When the judges comprising either division divide as to the decision in a cause before it, the cause shall be reserved for decision by the full court; and when different causes involving the same question are before the respective divisions at the same time, such causes shall also be re- served for decision by the full court. If the whole court be divided evenly as to the decision in any cause, the judgment of the lower court shall be entered as affirmed, and such decision shall be held to be the law as to all such questions in other causes until overruled by a majority of all the judges. And when the members of the court, in any matter of original jurisdiction, divide evenly on any question or questions therein, the determination of the members with whom the chief justice votes shall be held to be the judgment of the court.
LOCATION.
The Court Rooms, Consultation Rooms and Judges' Offices occupy the entire second floor of the Judiciary Building of the State Capitol.
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THE BIOGRAPHICAL ANNALS OF OHIO.
The Supreme Court of the State of Ohio.
WEEKLY COURT CALENDAR.
For the mutual convenience of the court and of parties in suit before it, the following rule in practice is observed :
Mondays-Reserved for consultation.
Tuesdays-Reserved for decisions of the Court.
Wednesdays-Reserved for the hearing of oral arguments.
Thursdays-Reserved for hearing motions.
Fridays-Reserved for the hearing of oral arguments.
Saturdays-Reserved for consultation.
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WILLIAM T. SPEAR.
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William T. Spear, Chief Justice of the Supreme Court, was born June 3, 1834, in Warren, Ohio, from whence came several of Ohio's distinguished judges. His father, Edward Spear, also a judge, was a native of Pennsylvania, of Scotch descent; his mother, whose lineage is traced back to colonial times, came from Norwich, Connecticut. His parents came to Ohio, settling at Warren in the year 1819.
Mr. Spear received a common school education in the excellent union schools of Ohio, supplemented by a most valuable experience at the printer's trade. After serving an apprenticeship upon the "Trumbull Whig and Trans- script," published at Warren, he went to New York City, where he was employed in the office of the New York "Herald," and thereafter became a compositor, and later a proofreader, in the publishing house of the Appletons.
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The value of the practical lessons thus derived, laying as they did a solid foundation for important duties which he was called upon to perform in after life, can hardly be estimated. Perhaps no pursuit quickens the powers of con- ception more than the craft of the printer, and especially has the experience hercin outlined been of service to the judge in the preparation of judicial opinions. Says one distinguished in the craft: "Herne has uttered a sneer at the husk and shell of learning, but the best bread is made from the whole meal, and includes the 'shorts' and the 'middlings' as well as the fine flour. If every lawyer, physician, and clergyman were to spend six months at the 'case' before entering upon his profession, he would find, even in that short time of labor, a useful and fitting preparation for such literary tasks as may afterwards. devolve upon him."
The young printer appreciated his calling, but growing tired of the confine- ment of the printing office, and having imbibed an ambition for the law, he re- turned to Warren, and at once began to learn something of the practical side of the profession of his choice, by service as deputy clerk of the Probate and Common Pleas Courts of Trumbull County. He served in these capacities for several years, devoting his spare hours, in the meantime, to the study of law under the direction of Hon. Jacob D. Cox, since Governor of Ohio, but then of the Trumbull County bar, later Dean of the Cincinnati Law School, and father of many lawyers. This preparation was followed by a course in Harvard Law School, where Mr. Spear was graduated in 1859. Being thus equipped by reason of his practical theoretical training, and ready to enter the field of contest, and having returned to Warren, where he was admitted to the bar of Ohio, he at once became a member of the firm of Cox &Ratliff. Later he was associated in practice with Hon. John C. Hutchins, now of the Court of Common Pleas of Cuyahoga County. In 1871 he was elected Prosecuting Attorney for Trumbull County, serving two terms, and Solicitor of his native city for two terms; and for several years he was engaged in the practice with C. A. Harrington, Esq., the firm enjoying a lucrative business. Soon after laying down the duties of those minor positions, Mr. Spear was elected Judge of the Court of Common Pleas, the duties of which office he entered upon in 1878. He was re-elected at the expiration of his first term, but did not complete the second term, because of his election to the Supreme Court, which occurred in 1885. He has since been three times elected to succeed himself as a member of the Supreme Court, became Chief Justice in 1892, 1897 and 1904, and was renominated to succeed himself upon the Supreme Bench, for the fourth time by the Republican state convention in May, 1904.
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