USA > Oregon > Multnomah County > Portland > History of Portland, Oregon : with illustrations and biographical sketches of prominent citizens and pioneers > Part 31
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The first County Court in Multnomah County began its termi January 17, 1855. G. W. Vaughn was County Judge, and Ainslie R. Scott and James Bybee, Commissioners.38 When the State was organized, the first terin of the County Court was opened on the 4th day of July, 1859, with Hon. E. Hamilton as County Judge.
In addition to the leading members of the Portland Bar at this period, already mentioned, were W. W. Chapman and Amory Holbrook. The first of these to come to Portland was W. W. Chapman, who still lives, the oldest member of the Bar of the city. Frequent mention of him has been made in the preceding pages. Of late years he has not been engaged in active practice, but at the period of which we now speak he was prominent not only in legal affairs but in political as well. At the Bar, he was ever polite and dignified, a gentleman of the old school.
Holbrook, a young man of medium height, fair and good looking, came to Oregon in March, 1849, and was at this time in his prime. His abilities as an orator were of no inean order and his quick
37 The first jury in Multnomah County consisted of J. S. Dickenson, Clark Hay, Felix Hicklin, K. A. Peterson, Edward Allbright, Thomas H. Stallard, William L. Chittenden, George Hamilton, William Cree, Robert Thompson, William H. Frush, Samuel Farnam, William Hall, William Sherlock, W. P. Burke, Jacob Kline, Jackson Powell, John Powell.
38 The following is a list of the Judges of the County Court of the State of Oregon for Multnomah County: E. Hamilton, 1858-1862; P. A. Marquam, 1862- 1870; E. Hamilton, 1871-74 ; J. H. Woodward, 1875-78 ; S. W. Rice, 1879-82 ; L. B. Stearns, 1883-85 ; J. C. Moreland, 1885-86 ; John Catlin, 1886-90.
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preception and ready knowledge of law combined to make him one of the foremost figures of the times. He was a member of the Legislature afterwards and a candidate for United States Senator, but his temperment, volatile and variable, led him to habits that interferred with the career of more than one of the brilliant lights of the Bar in these earlier days of its history. Moreover, he was noted for a certain biting humor which gave vent to numerous sharp sayings, which, though repeated with enjoyment by those who were not the subjects of his caustic sarcasm, made bitter enemies of others. His abilities as a lawyer never waned until his death at middle age cut him off.
David Logan was perhaps the greatest jury lawyer of his time. Like Holbrook, he had, as a contemporary has remarked, but one enemy, and that was himself. He was born in 1824 at Springfield, Illinois, and was a son of an eminent lawyer and Judge of the Supreme Court of that State. He came to Oregon in 1850, and settled in Lafayette but removed to Portland soon after. He was defeated as a candidate for the Legislature, in 1851. He served as a member in 1854, and ran unsuccessfully as a candidate for Congress in 1860 and again in 1868. He was a member of the Constitutional Convention. Logan had a large practice and was very popular. He was shrewd and sharp-witted and for twenty years held front rank at the Portland Bar. He was of medium size, light complexion, and had curly hair and a light mustache.
Another lawyer of this period worthy of special mention is Alexander Campbell, who was particularly well drilled in the prin- ciples of common law. He placed great dependence upon his books, carefully preparing his cases, and appearing in Court with an armfull of authorities on every occasion. He removed to California, after a few years in Oregon, and became a judge of the Supreme Court of that State and a leading member of the San Francisco Bar.
Mark A. Chin and W. H. Farrar were bright men, and each was a partner of Logan for a time. Simon B. Mayre, a partner of Chapman in those days, had a good name. Benjamin Stark was in partnership with Hamilton, under the firm name, Hamilton & Stark for some time, as has already been mentioned. He was a member of
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the legislature in 1853 and 1860 and was appointed United States Senator to fill the vacancy caused by the death of E. D. Baker, in 1861. He was accused of disloyal sentiments and some delay was occasioned before he took the oath, but was finally admitted. As one of the owners of the townsite and a wealthy man he attained some protinen ce, but for many years has resided in the State of Connecticut.
P. A. Marquam was also one of the first members of the bar of Portland, and served as county judge for some years. Of late years he has retired from practice, devoting himself to his private business affairs, which he has managed with success.
Judge Olney made Portland his place of residence, and though a somewhat peculiar man he was highly respected and was a modest and unassuming gentleman. He had a noticeable faculty for taking up all the circumstances and details of a case and arranging them in logical sequence into a persuasive argument. He was a member of the State Constitutional Convention, and later he removed to Clatsop county, and represented his district in the legislature in 1864. Gradually he retired from active legal practice, spending his last days quietly upon his farm. George H. Williams and he had been Circuit Judges in adjoining circuits in Iowa, where both were elected at the first State election of that State in 1847. Olney came to Oregon, where he was appointed by President Pierce, Associate Justice of the Supreme Court; and Williams, on being likewise appointed Chief Justice, followed him a few months after. They remained close friends until the death of Olney, and continued on the bench together until 1858, when both resigned.
During this period the Supreme Court, consisting of these two judges and Mathew P. Deady, passed upon many intereresting and important questions, and by the decisions made in the District Courts as well as when the judges sat together as a Supreme Court, the practice was settled and many serious questions were set at rest. The cases that affected the town site are elsewhere treated of at length, and nothing more need be said here than that at this time and for many years afterward some of the most important litigation that engaged the attention of the Bench and Bar of Portland arose from this source.
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One case that might be mentioned arose in Polk County in 1853, By writ of habeas corpus a colored inan and his wife were brought before Judge Williams, and it appeared that they had been brought as slaves from Missouri, by Nathaniel Ford, and were being held by him as such in Oregon. After careful inquiry the Court decided that there could be no slavery in the Territory of Oregon, and that the slaves were freed when brought to free soil.
Many cases arose under the Donation Land Law, and in one of them39 it was decided that an Indian wife of a white man was a married woman within the meaning of the Act, and capable of holding a half section of land, which decision it may be supposed affected not a few of the very early settlers in the Territory.
On the resignation of Judge Olney, Reuben P. Boise" was appointed Associate Judge of the Territory, and Judge Williams having also resigned, Judges Deady and Boise remained the only judges until the admission of the State in 1859.41 At the election of June, 1858, to provide officers for the new State, Matthew P. Deady, R. E. Stratton, R. P. Boise and A. E. Wait were elected Judges of the Supreme Court, and on the 20th of May, 1859, they inet at Salem and drew lots for their terms of office. Boise and Stratton drew the six year terms and Wait the four year term, the latter becoming, by virtue of the Constitution, Chief Justice. Deady having in the meantime been appointed by the President, Judge of the District Court of the United States for the District of Oregon, did not qualify for the State Court, and P. P. Prim, of Jackson County was appointed in his stead, and at the election of 1860 was continued in office by vote of the people. These judges under the constitution were Judges of the Circuit Courts and sat together as a
39 Randolph vs. Otis, 1 Or. 153.
40 Boise who lived for some time at Portland has spent most of his life upon the bench of the Supreme and Circuit Courts of Oregon, and is at present Circuit Judge in the Third District. As a judge he has deserved honor, being recognized as fearless and upright, and by reason of his many years of experience, as well as his early education, is well fitted for his position.
41 The following Portland lawyers were members of the Constitutional Convention: M. P. Deady, J. K. Kelly, A. L. Lovejoy, Cyrus Olney, John H. Reed, L. F. Grover, Geo. H. Williams, David Logan, Reuben P. Boise and E. D. Shattuck.
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Supreme Court at stated intervals." Of these, Wait represented the Fourth District, which included Multnomah County. He resigned in 1862 to run for Congress, but was defeated and settled down to the practice of his profession at Portland, and in the meantime William W. Page was appointed judge and held Court from May to September, 1862. In the election of that year, E. D. Shattuck was elected over Page, who was a candidate, and in the same year Joseph G. Wilson was appointed to the newly created Fifth District, 43 and the Court as thus constituted continued until 1867 without change in its personel.
Soon after the creation of the State, provision was made by Congress for extending the judicial system of the United States over Oregon. A District Court was provided for, and Matthew P. Deady was appointed judge,44 a position which he has since filled with dignity, until now, with the exception of one or two, he has been longer upon that bench than any of the Federal Judges of the United States.
J. K. Kelly was appointed District Attorney for the United States," and Walter Forward, of Marion County, was appointed Marshal.
The first term of this Court was opened at No. 63 Front street, near Stark, on the third floor of the building, in 1859, and for many years the government afforded no better quarters for it, although the
42 By the Act of June 3, 1859, a term of the Supreme Court was directed to be held at the Seat of Government on the first Monday of December following, and there- after at the Seat of Government, on the second Monday in December, and at Portland on the second Monday in July annually. By Act of October 17, 1862, one term was ordered to be held at the Seat of Government annually on the first Monday of Sep- temper. This was again changed in 1872, 1878, 1880 and 1889, 10 provision being made for holding Court at Portland, but the Act of 1889 providing for one term each year at Pendleton.
43 Act approved October 11, 1862, entitled "An Act to create the Fifth Judicial District, and increase the number of Justices of the Supreme Court."
4+ His commission was dated March 9, 1859.
45 The District Attorneys of the United States have been-J. C. Cartwright, 1868- 71; Addison C. Gibbs, 1872-73; Rufus Mallory, 1874-82; J. F. Watson, 1882-86; L. L. McArthur, 1886-90. Clerks-Hamilton Boyd, 1863-65; Ralph Wilcox, 1865-77; Edward N. Deady (pro tem) 1877; R. H. Lanison, 1877.
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place was poorly adapted for its purpose. In 1871 the present government building was completed and the Federal Courts were assigned commodious and convenient quarters.
During the years that have followed the organization of this Court, the strong individuality of Judge Deady has made him a prominent and central figure in the history of the city. The events of his life are elsewhere related, and it is sufficient in this connection to repeat that his indefatigable industry and his retentive memory, together with his many years of experience in a Court whose broad jurisdiction embraces many of the most important cases litigated in the Northwest, and every variety of criminal and maritime cases, as well as actions at law and suits in equity, have combined to form the solid basis for an eminence that ambitious lawyers may strive for, but few attain. His personal appearance, always noticeable, is dignified and impressive when he is upon the bench, and the business of his Court is conducted with decorum and a due regard for the proper ceremonies of a court of law. Judge Lorenzo D. Sawyer, whose home is at San Francisco, has been Circuit Judge of the Ninth Judicial District, which includes Oregon, since 1873, and when business demands it, sits with Judge Deady on the bench of the Circuit Court at Portland. He is a careful and painstaking man, and an able and impartial judge. Asssociate Justice Stephen J. Field, of the Supreme Court of the United States also sits in the Circuit Court at Portland when business requires it, and Judge George M. Sabin, of the Nevada District, has relieved Judge Deady during a temporary absence of the latter from Oregon.
The attorneys already noticed as prominent at Portland before the admission of the State generally retained their position in this respect during the decade following. This period was noted for the brilliancy and ability of the bar. Judge Strong came up from his farm at Cathılamet in the winter of 1861-62, and soon secured a lucrative practice and a foremost station among the Portland lawyers. He became the regular counsel for the Oregon Steam Navigation Company, the richest and most powerful of corporations, and in criminal and civil actions he, with Logan and Holbrook, and afterward Geo. H. Williams, Shattuck, Reed, Stout, Gibbs, Grover,
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Page, Wait and Kelly were perhaps the most prominent at that time. Mitchell and Dolph went into partnership in 1864 and by 1870 they too, were in the lead, while others had long since dropped out of the race.
In 1863 there were twenty-one lawyers in the city; five years after, the number had increased to forty-one. The population was growing rapidly, the census of 1865 showing 5,819 inhabitants, an increase of over a thousand in one year. Law business, particularly concerning land titles, was flourishing.
The County Court was presided over by P. A. Marquam for many years until 1870, when he was succeeded by Edward Hamilton; and Judge Shattuck of the Circuit Court gave place to W. W. Upton, who was elected in 1868 and served until September 1874. Hamilton had been in partnership for a time with H. C. Coulson, who was afterwards elected Clerk of Multnomah County and gave satisfaction in that office, as lie was a genial fellow and a well trained lawyer.
Smith, Grover and Page were in partnership early in the sixties but J. S. Smith dropped out and Grover and Page continued together until Grover was elected governor in 1870. Logan was in partner- ship witlı Farrar, then with Friedenrich, who afterwards was city attorney for a short time; then after remaining alone for some time, went into partnership with Shattuck in 1868, and they soon after added Killen to the firm, and in 1871, Logan himself dropped out. Holbrook formed no partnerships. W. Lair Hill and Marion F. Mulkey formed a partnership in 1865 and were together a short time; Hill afterwards united with C. A. Ball as Hill & Ball, and in 1872 with W. W. Thayer# and R. Williams as Hill, Thayer & Williams. Stout and Larrabee and Larrabee, Stout & Upton, were quite prom- inent. Stout, an excellent lawyer and a consuminate leader among men, acquired a large practice. A. E. Wait and J. K. Kelly were considered very able men and remained together as Wait & Kelly for some time.
The arrival of Ben Holladay in Oregon in 1868 marks the beginning of a new era in the history of the Bar of Portland. The railroad projects of the earlier part of the year were languishing and
4 See sketch of his life, in biographical portion of this volume.
J. C. Mouland
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by dint of the free use of men and money, Holladay soon had control of the Oregon and California, and the Oregon Central roads. Mitchell & Dolph became the attorneys to represent his vast interests in the State. They were young men of ability and enterprise and well able to manage any business confided to them, and in a remarkably short time acquired a large practice representing the corporations and heavy commercial trade. When in 1876 this Holladay management of the railroads came to an end and the German bondholders took possession of them, Villard was put in charge and the firm of Mitchell & Dolph was continued as the attorneys. In 1877, the Oregon Steam Navigation Company was absorbed by the Oregon Railway & Navigation Company and Mitchell & Dolphi became its attorneys, Strong practically retiring from business at this time, though his business has since been successfully carried on by his sons Thomas N. and Fred. R. Strong, who were for some time associated with him under the name Win. Strong & Sons. From the inception of the railroad enterprises in 1867, the railroads furnished a great deal of important business for the attorneys, both in and out of court, and other corporation busi- ness has grown in volume and importance.
Early in the seventies, other firins grew into prominence. J. W. Whalley and M. W. Fechheimer, as Whalley & Fechheimer, succeeded to a large commercial business, particularly in connection with the United States bankrupt law. W. H. Effinger, an elegant and eloquent orator, and Richard Williams, who had lately removed from Salem, won a large damage suit at The Dalles against the O. S. N. Co., and subsequently each acquired a large and lucrative practice. Effinger gave little attention to business after a few years of success, and finally in 1887 removed to Tacoma. Williams, on the other hand, associ- ated with Thayer as Thayer & Williams for many years, and later of the firm of Williams & Willis and R. & E. B. Williams, has developed with his years and still holds the full measure of the honor and success his earlier practice foreshadowed. John Catlin, E. A. Cronin, Raleigh Stott, men differing in character, were all successful. When Mitchell was elected senator in 1872, the firm Dolph, Bronaugh, Dolph & Simon, was organized as successors to Mitchell & Dolph, [22]
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consisting of J. N. Dolph, Earl C. Bronaugh, C. A. Dolph and Joseph Simon. Among the younger men of ability of this period, and who still sustain the reputation they gained at this time are Geo. H. Durham, H. H. Northup, H. Y. Thompson, W. B. Gilbert and H. T. Bingham. Hill, Durham & Thompson were together for a time and then Williams, Hill, Durham, Thompson & Mays organized as a firm, with a firm name only equalled in length by the firm of later times consisting of Stott, Waldo, Smith, Stott & Boise. Length of firm name seems to have been popular with the Portland bar, as is illustrated in the modern cases of Dolph, Bellinger, Mallory & Si.non, and Whalley, Bronaugh, Northup & Deady, and Mitchell, McDougall, Tanner & Bower. Caples & Mulkey and Northup & Gilbert were two well known firmns for many years, until the one was dissolved by the death of Mulkey and other by mutual consent. Bellinger was associated with Burmester for some time, and, after serving a time upon the bench as Circuit Judge, succeed- ing Shattuck in September, 1878, he united with Gearin as Bellinger & Gearin and later joined the firm mentioned above, while Gearin and Gilbert formed a new firm. Killen & Moreland in 1882, Mitchell & Dement, Adams & Welty, and McDougall & Bower in the same year, and later Watson, Hume & Watson, Woodward & Woodward, Smith, Cox & Teal, Johnson, McCown & Idleman, are among the notable associations. Besides these there are many of equal prominence who have either formned no partnerships or are better known aside from their affiliations of that kind, a separate enumeration of whom would extend this chapter far beyond its pre- scribed bounds. No attempt has been made in referring to those we have mentioned to choose between men, or to make any invidious selections, but our aim has been briefly to notice in a general way the groups into which the bar has divided itself from time to time. The whole number of lawyers at the Portland bar in 1889, was 122.
Judge E. D. Shattuck, of the State Circuit Court was succeeded by Judge W. W. Upton, in 1868. He held the office until in turn succeeded by Judge Shattuck in 1874, who retired 1878. In that year the Legislature reorganized the judicial system of the State by providing for the election of the Judges of the Supreme Court and
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Circuit Courts in separate classes, and in accordance with the provisions of the Act, the Governor appointed three Judges of the Supreme Court, one of whom, J. K. Kelly, was from Portland, and another, R. P. Boise, had formerly resided there, the third was P. P. Prim, of Jacksonville. C. B. Bellinger was appointed to succeed Shattuck in the Fourth Circuit. The Circuit Judges now had no connection with the Supreme Court and could devote their attention to the business in their circuits, which, particularly in Judge Bellinger's district, had grown to such proportions as to tax the capacity of a single judge for work. The Fourth District included the counties of Multnomah, Clackamas, Washington, Columbia and Clatsop; a different arrangement was made in the year 1882, by which Multnomah itself constituted the Fourth District. Bellinger was an able judge, and gave universal satisfaction. He was prompt and attentive to business and quick to perceive and apprehend. When he retired in 1880 he had an established reputation for legal ability that soon brought about him his old clients with inany new ones, so that he has had a growing prosperity and has maintained a foremost position at the bar. Raleigh Stott, who had been District Attorney, succeeded him as judge. He, too, proved a man of ability and an honorable and upright judicial officer. The growth of the community and the increasing business of the Court, kept himn constantly occupied, while the meager salary of the office illy compensated for its exactions. He resigned in 1884, and the inembers of the bar presented him with a handsome testimonial of their appreciation of his merits. On the petition of the bar, Seneca Smith was appointed in his stead, and held the office for the remainder of the terin, to 1886. He at once adopted new rules for the purposes of expediting business, and devoted unremitting efforts to prevent the accumulation of cases. The Legislature of 1885 relieved him by dividing the Court into two departments and providing for the election of another Circuit Judge in the district. Judge Loyal B. Stearns, of the County Court, was appointed to the office until the regular election, and Julius C. Moreland to the vacancy thus created in the County Court. At the election of 1886, Stearns and Shattuck were chosen for the full term of six years as
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Circuit Judges, and John Catlin for the term of four years, as County Judge. Of their conduct in these offices, nothing more need be said than that they have faithfully and earnestly devoted themselves to their work, and have fully sustained their honorable reputations previously earned, which led to their selection for the important trust.
Without commenting upon individual cases of public interest and of historic importance that have come before the Portland Courts for trial, it may be said that as trade and population have developed, itigation of all kinds has increased and Portland have furnished Inearly one half of the business of the Supreme Court of the State and the greater part of that in the United States Courts. The cases of the United States against Randall, postmaster of Portland, was watched with interest by Portland people and the public took sides for or against the defendant, who was accused of embezzlement. He was finally convicted, but still his friends were confident that he was innocent and he was at once given a prominent position of trust in the office of the Oregon Steam Navigation Company, which he held for some years. Pending trial, and long after, the newspapers were full of the case, and excitement ran high. Strong and Logan, who were pitted against each other in this case, had a spicy newspaper correspondence afterwards; Strong still declaring the innocence of his client, and Logan insisting that he was guilty. The latter quieted his opponent with his last contribution by his sarcastic reference to the feelings that must rankle in his breast at the thoughit that the innocent client he defended was suffering the pains of . conviction.
Another criminal case that was watched with unusal interest, was the cases against Archie Brown, James Johnson and Joseph Swards, who, on the 23d of August 1878, entered the pawnshop of one O'Shea, locked the door behind them, knocked O'Shea senseless, and took from his safe, near where O'Shea was assaulted, some articles of value. They were seen leaving the shop, and being closely pursued by a constable, stopped and Brown fired at him but missed him and killed a boy, Louis Joseph. They then leaped into
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