USA > Oregon > Multnomah County > Portland > History of Portland, Oregon : with illustrations and biographical sketches of prominent citizens and pioneers > Part 51
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BIOGRAPHICAL.
in partnership with J. C. Cartwright, since United States District Attorney and Commissioner of Internal Revenue for Oregon; but now deceased. The firm rapidly acquired a good business, but unable to resist the allurement of politics, Mr. Bellinger gave up the law business to become the editor of a new Democratic paper, The Arena, which had been founded by Gen. John F. Miller, Hon. Joseph S. Smith and other prominent democrats. It was a time when what was known as the "Oregon Style" was in fashion. The paper was like its contemporaries, bitterly partisan and personal in its treatment of subjects and men under discussion. It was impetuons, unsparing, and as is always the case when controversy is carried on under like conditions, often most unjust in its treatment of those of the opposition.
Mr. Bellinger's health becoming impaired, he retired from editorial work in 1866, and with another gentleman engaged in mercantile business at Monroe, in Benton county, until 1869, serving in the mean time, in 1868, a term in the Legislature as a representative from Benton county.
In 1869, at the solicitation of Hon. N. H. Cranor, of Albany, Linn county, he removed to the latter place, under an arrangement by which he was to practice law with that gentleman and at the same time take editorial charge of the State Rights Democrat newspaper.
In the spring of 1870, following Mr. Bellinger's assumption of editorial charge of the Democrat, the Democratic State Convention which met at Albany, adopted what was known as the "equitable adjustment" platform, in which it undertook to straddle the then burning question as to whether the public debt, contracted in putting down the rebellion, should in whole or in part be repudiated. It was a cowardly concession to what was then believed to be a large element in the party in favor of repudiation. Mr. Bellinger, in the Democrat, denounced the straddle, declared that the only construction of the platform which could be permitted must favor the payment in good faith of the debt according to the terms in which it was contracted, and served notice on the candidates and party organs, who were already advocating the "equitable adjustment"of the debt, by which the debt might be paid in some part, or no part, as the exigences of the future might require, that they must face about and repu- diate repudiation, or the Democrat would repudiate the ticket and lead a revolt that would lose Linn county to the party in the election. This county was the bulwark of the party and was believed to be the stronghold of the repudiation element in the State. The attitude of the Democrat was the sensation of the campaign. The result was that in spite of the gibes and taunts of the republican journals that the democratic party and its candidates were being driven to surrender their convictions at thie command of a country newspaper, the democratic campaign was thenceforth shaped upon the course marked out by the Democrat. The democratic party succeeded in the election and it was the opinion of the best politicians of the time, that the result was dne largely, if not wholly, to the course of the Democrat, an opinion which nothing has since occurred to change.
Under Mr. Bellinger's management, the Democrat advanced rapidly in circulation and influence, but, editing a newspaper and practicing law at the same time, being incompatible, he sold out his interest in the paper to his partner, the late M. V. Brown, and in the fall of 1870, removed to Portland where he has since continued to reside engaged in the practice of the law.
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HISTORY OF PORTLAND.
In 1871, the then prosecuting attorney for the Fourth Judicial District, Ex-Governor Gibbs, having accepted the appointment of United States District Attorney, Governor Grover, acting upon the assumption that the two offices were incompatible and that the acceptance of the second office created a vacancy in the former one, appointed Mr. Bellinger to such vacancy. Governor Gibbs refused to surrender, but continued to hold hotlı offices. An action of quo warranto was brought on the part of the new appointee to test the right of the latter to the office. A final decision in the Supreme Court in favor of the contestant was reached after the expiration of the term. The case, though unreported, has become a leading one and was often referred to in the Cronin-Watt electoral contest of 1876-7, certified copies of the record having been forwarded to Mr. Tilden's lawyers on their order, for use in that contest.
In 1872, Mr. Bellinger was the nominee on the democratic ticket for prosecuting attorney in the Fourth District, his opponent being Mr. Geo. H. Durham. The two candidates were old school mates and chums and the canvass made by them of the different counties of the district was more one of recreation than serious political work. The entire democratic ticket was overwhelmingly defeated in the election Mr. Bellinger with the rest.
In 1873, Mr. Bellinger went to the Modoc war with General John F. Miller, major general of the Oregon militia, in capacity of aid with the rank of colonel, and remained in that service until the appointment of the peace commission suspended military operations. He was in the battle of the Lava Beds, fought on January 17th, in which the United States troops under General Wheaton, the Oregon volunteers and a company of California volunteers, were defeated hy Captain Jack, with heavy loss. He was upon General Wheaton's staff during the engagement and received honorable mention in that officer's report of the battle.
In 1874, Mr. Bellinger was appointed Clerk of the Supreme Court of the State, and ex officio reporter of its decisions. While holding this position he served as chairman of the Democratic State Central Committee, during 1876 and 1877, covering the exciting period of the Tilden presidential campaign. In the fall of 1878, he resigned the clerkship of the Supreme Court, to accept tlie Circuit Judge- ship for the Fourth Judicial District, then comprising the counties of Multnomah, Clackamas, Washington, Clatsop and Columbia. The docket of cases for trial in Multnomah county, was at the time phenomenal. There were seven murder cases pending and tried during the first term for the latter county held by the new judge, and above sixty indictments for felonies of different kinds were disposed of at the same term. The enormous criminal business of the district is shown by the fact that in the spring of 1880, more than one-half of all the convicts in the penitentiary, numbering a total of above two hundred, had received their sentence from Judge Bellinger. The civil docket during the same time was also an unusually large one.
At the general election of 1880 Judge Bellinger was his party's candidate for Circuit Judge hut was defeated by Judge Raleigh Stott, owing to the overwhelmingly republican majority of that year and the popularity of his opponent. It was, however, an honorable defeat since he ran between eleven and twelve hundred votes ahead of his ticket and carried by large majorities some of the strongest republican
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precincts in his own county. Upon retiring from the bench lie resmined the practice of the law in partnership with Hon. John M. Gearin, and so continued until the fall of 1883, when he became a member of the firm of Dolph, Bellinger, Mallory & Simon1.
He was married early in life to Miss Margery S. Jolinson, of Linn County. Their children, four sons and three daughters, are all living and with two exceptions are grow11.
Judge Bellinger, during his occupancy of the bench was noted for his courtesy, industry and acuteness, as well as for his learning and firmness. Policy had little, if anything, to do with his decisions, his conclusions being reached by critical analysis presented with legal and logical force. His experience as a judge served to increase his powers of advocacy, and largely adds to his equipment as a lawyer. Painstaking in his investigations, acute in mind, familiar with practice and an adept in pleading, he was quickly noted, on his retirement from the bench as a member of the bar who had no superior in the difficult task of "trying a case after verdict," thereby snatching victory from the jaws of defeat. In advocacy before the Court lie is nearly always severely logical, though when his case demands it no one is better able than himself to substitute plausibility for logic and make the "worse appear the hetter reason." In his jury appeals his own intellectuality canses him to address the head rather than the heart and hence his success in jury trials is greater with an intelligent than an ignorant panel. His wit is well known and often has his antagonists at the bar winced under his incisiveness. In the social circle, however, it is used only to please and not to wound, making him a genial companion, whose absence is regretted and presence always prized. His merits as a lawyer have become so well known as to secure him a Incrative practice in the conduct of causes for railway, banking and insur- ance corporations. His mind is noted for alertness; in all his actions moral sense is pre- dominant; he is a reader, student and thinker; possesses unusual powers as a writer, and has talents in general that would make him conspicuous and bring him success in any station.
FAILING, HENRY, banker, and one of the leading business men of the Northwest, was born in the city of New York, January 17, 1834. His father, Josiah Failing, for many years an honored citizen of Portland, was born in Montgomery county, New York. Early in life he went to Albany, to learn the trade of paper stainer, and in 1824, accompanied his employer upon his removal to New York City. He served his apprenticeship and followed his trade until forced to abandon it on account of ill health. He then engaged in the trucking business, following this line of work for many years. During this period he served for several years as superintendent of public vehicles of the city. In 1851, he came to Portland and established the mercantile firm of J. Failing & Co., with which he was connected until 1864, when, having acquired a modest competency, he retired from active business.
Arriving in Portland at a period of rapid changes and growth, he in many ways became thoroughly identified with its progress and was soon called upon to take a prominent part in the management of public affairs. In 1853, he was elected mayor of the city and did much to give a proper start to the destiny of the place. He took a warm interest in educational matters, and as one of the trustees of the public schools,
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HISTORY OF PORTLAND.
devoted much of his time to their establishment and management. Their success in early days and present excellence are largely due to his efforts. He was an enthusiastic republican in political faith and was a delegate to the National Convention which nominated Lincoln for a second term, and of the convention which first nominated Gen. Grant. From the time he retired from business until his death, which occurred in 1877, his time and energies were largely devoted to religious and philanthropic work, and his aid and encouragement were freely given to all projects which had for their aim the moral and temporal good of his fellow men. He was ever the most modest and unassuming of men, but a man of strong character, abounding in good counsel and always ready to serve his friends and neighbors, but rather in a quiet than a public way. He was in many respects an ideal citizen, and has left behind liin the record of a symmetrical, wholesome and worthy life.
Henry Failing was educated at a public school in New York, but began his busi. ness career at the early age of twelve in a French importing and shipping house. Two years later he entered the employ of Eno, Mahoney & Co., one of the largest wholesale dry goods houses in the city. Here he remained in the capacity of assistant book-keeper, also having charge of their foreign business, until 1851, when, with a younger brother, he accompanied his father to Portland. At this time the city was but a mere hamlet in size; containing not more than four or five hundred inhabitants. Father and son at once established the firm of J. Failing & Co., and began a general merchandising business. They built a store on a portion of the ground where Failing & Co.'s building now stands. Their business rapidly grew, and in a few years reached large proportions. Mr. Failing, senior, as previously stated, retired from the firm in 1864, and from that time until 1871, Henry Failing conducted it alone. In 1868, he began to restrict his business exclusively to hard- ware and iron supplies. Henry W. Corbett became associated with Mr. Failing in the hardware business, in 1871, under the present firm name of Corbett, Failing & Co., which, besides the principals named, now consists of Edward and James F. Failing, younger brothers of Henry Failing. This mercantile house does a wholesale business solely and is the largest establishment in its line in the Northwest.
In 1869, Mr. Failing and Mr. Corbett purchased nearly all of the stock of the First National Bank, the first bank established in Oregon under the national banking act, and for a number of years the only one west of the Rocky Mountains. Under their joint management, with Mr. Failing as president, this financial institution has been remarkably prosperous, and is now at the very head of the banking houses of the Northwest. Its capital stock in 1869, was $100,000, but was shortly increased to $250,000, and is now $500,000, while its present surplus is $650,000. Since his connection with this bank, Mr. Failing's time and energies have been principally devoted to financial affairs, in which he has shown himself to possess the highest order of ability. He is largely interested in other business enterprises and owns valuable real estate in and near the city of Portland, but it is as a banker that he is best and most favorably known.
Although never an aspirant for political honors Mr. Failing was elected Mayor of the city in 1864 as a citizens' candidate. He is a republican in political faith, and on State and national issues may be termed a party man, but in the management of local affairs he believes party lines should be ignored and that all good citizens should unite to secure the selection of those best qualified to administer the duties of
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BIOGRAPHICAL.
public office without regard to their party affiliation. It was this well known position of Mr. Failing which induced the citizens of Portland to urge him to become a candidate for Mayor in 1864, when they desired to emancipate the city from the rule of politicians. At the urgent solicitation of many friends he consented to become a candidate, and was elected. His administration was conducted on a purely business basis such as a good business man would employ in the transaction of his own business affairs. During his term a new city charter was obtained from the Legislature, and a system of street improvement and sewerage was inaugurated. So satisfactory to the people was hiis conduct of affairs that, in 1865, he was almost unanimously re-elected for a term of two years. He was again elected Mayor in 1875 and for another terin most acceptably served the people. He lias since taken no active part in local political affairs beyond that required of a private citizen who is deeply interested in the welfare of the city. He was appointed a member of the water committee of the city of Portland under the Legislative act of 1886, and has since served as chairman of the committee. This committee purchased and enlarged the old water works, but is empowered to build and now has plans under way for the construction of a new system of water supply.
For several years Mr. Failing was a regent of the State University; first having been appointed by Gov. Thayer and re-appointed by Gov. Moody. He is also a trustee of the Deaf Mnte School at Salem; trustee and treasurer of the Children's Home, and of the Portland Library Association.
During nearly forty years Mr. Failing has been in active business life in Portland and has built up a large and rapidly growing fortune. It is needless to say that he lias been a tireless worker. Such results as have crowned his life come to no dreamer of dreams and to no mere luxurious dilettante. Ile scarcely had a boyhood. At twelve he was at work and at seventeen carried upon his shoulders responsibilities fit to test the power of a mature man. His time from this period to the present has been almost completely engrossed in business, and although he has always lav- ished his energy upon his work he presents the appearance of one much younger than his years. This comes from an inherited robust constitution, an evenly balanced mental organization and a life free from excesses of any kind. He is keen and sagacions in business and possesses the highest order of financial ability, united to the power of apparently unlimited application of mind and body upon any project he undertakes. He has achieved a position in the financial affairs of the Northwest second to none in power and influence, but his naturally restless activity, buoyant spirit and physical vigor still urge him onward with all the force and energy associ- ated with men many years his juniors.
Mr. Failing was married on October 21, 1858 to Miss Emily Phelps Corbett, sister of Hon. H. W. Corbett, who died in July, 1870. They had three daughters all of whom are living at home with their father.
Henry Failing is one of the strong and able inen whose lives have been wrought into the history of Portland from the beginning of the city to the present day. He is a prominent man among those whose careers furnish the explanation of the growth, success and commanding position that Portland has achieved and so strongly maintains.
521
HISTORY OF PORTLAND.
OLPH, CYRUS A, of Portland, one of the most successful lawyers of Oregon,
D was born in Chemung, (now Schuyler) County, New York, on September 27, 1840. Leaving school at the early age of eighteen he took up the occu- pation of teacher, and taught in the schools of his native county during the years 1859, 1860 and 1861. In the spring of 1862 he enlisted in the Government service from which he was discharged at Fort Walla Walla, Washington, in October, 1862, and came to Portland, where he has ever since resided.
While engaged in teaching,' Mr. Dolph began the study of law as all accomplishment rather than with a view of adopting it as a profession, but he soon became so much interested in it that what had been taken up as a pastime he resolved to make his life work. With this end in view he began a systematic course of study and was admitted to the bar in 1866, immediately thereafter beginning the active practice of his profession.
In June, 1869, without solicitation on his part, he was nominated on the Repub- lican ticket for the office of City Attorney for the City of Portland, and was elected by a large majority over Judge W. F. Trimble, now deceased. He served for the full term of two years, and his administration of the duties of the office was eminently satisfactory to the people. In 1874, during his temporary absence from the city, he was nominated by the Republican Convention for the Lower House of the Legis- lature, but he declined to become a candidate. Two years later he was tendered the nomination for State Senator, which he also declined.
Since his residence in Portland Mr. Dolph has been identified with most of the principal corporations which liave been organized for the development of the city and State, and is now vice-president of the Northern Pacific Terminal Company of Oregon, and the Oregon Improvement Company. He was one of the founders of the Portland Savings Bank and the Commercial National Bank of Portland, for several years being a director in, and the attorney for both of these banks. For a number of years he was a director in the Oregon and California Railroad Company and during the years 1883 and 1884, was the general attorney of that company. He was also director in the Oregon Railway and Navigation Company from 1883 to 1889.
In 1883, Mr. Dolpli was selected by Mr. Henry Villard, then president of the Oregon Railway and Navigation Company, and the Northern Pacific Railroad Com- pany, as the general attorney of the first named corporation, and the consulting attor- ney in Oregon for the latter company. Notwithstanding the various changes in the management of these companies, which have occurred since that time, he has contin- uously held the positions named, meeting the many intricate and complicated legal questions which have arisen in relation to these two great companies with promptness and decision, and disposing of them to the entire satisfaction of both management and stockholders.
Mr. Dolpli's attainments as a lawyer early gave him prominence in his profession, and not only has he enjoyed a lucrative practice for many years, but has already realized a handsome competency from his professional labors. Since 1883 lie has been the senior member of the firm of Dolph, Bellinger, Mallory & Simon,-an association of legal talent of exceptional strength, character and ability.
Mr. Dolph has always been a zealous Republican in politics. He has, however, 110 political aspirations, and, with the exception mentioned, has consistently refused to become a candidate for office. The large interests with which he is identified, and
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his business habits leave him with neither time nor inclination for the pursuit of office. Every part of the large and complicated business of his firm has his personal atten- tion and supervision. He is a liard and conscientious worker. The law is said to be a jealous mistress, yet, Mr. Dolpli's devotion to his profession entitles him to the place which lie has in it. He is cautious without being timid, and is exceptional for the soundness of his judgment. Having a retentive and discriminating mind, he uever forgets nor inisapplies a case. He has in an unusual degree those qualities which distinguish the safe lawyer from a showy one. Steadfast in his friendship; con- servative in his judgment, when the conduct of others exposes them to censure; considerate of the feelings of his fellows; scrupulously careful of the rights of those with whom he is brought into business relations, and conscientious iu all he does, he . is deservedly held in high esteem by all who know him.
I OWNSDALE, J. P. O. There are few business men more favorably known in the metropolis of the Northwest than the gentleman of whom we write. His operations in real estate have been of the most reliable character, and the services that lie has rendered the city in calling attention to her advantages liave been very great. In his personal character lie has maintained an integrity worthy, not only of the highest commendation, but of the imitation of young men.
He was born in Princeton, Gibson county, Indiana, January 1st, 1830, the sou of Daniel H. Lownsdale, the early owner of the central part of Portland. At the age of sixteen he entered the dry goods store of an uncle, of his native place, in whose employ he remained until at the age of twenty-one (1851) he came, at the request of his father, via the Isthmus of Panama, to Portland. He was here engaged in merchandising, until in 1853 he embraced the opportunity to return East, via the plains route, on horseback, with Captain Hiram Smith. He entered into partnership with his uncle in Indiana-the business proving very successful to all parties concerned. He was married in 1854 to Miss Sarah R. Milburu, a daughter of Robert Milburu, Esq., one of the leading citizens of Princeton. During his residence at his old home, he was honored with various public trusts and offices iu the town and county. Iu the spring of 1862, however, learning of the failure of his father's health and desiring to see him, he undertook once more the journey to our State, by the Isthmus route, but reaching San Francisco the news was received of the father's death, which occurred at about the time the journey began. The duties of administrator now devolved upon him, and made necessary a protracted stay at Portland.
But in due course of administration, notwithstanding many complications, settle- ment of the estate was made to the full satisfaction of all interested.
In the meantime, Mr. Lowusdale had become a citizen of Portland, and, in 1863, was elected to fill a vacancy in the city council, and was afterwards elected for a three-years term. At the close of this he was narrowly defeated, by Thos. J. Holmes, for mayor. The city was then democratic, while Mr. Lowusdale ran on the repub- lican ticket. This election will be memorable for the sudden death of Mr. Holmes, who died on the day succeeding the election-a demise due to the excitement of the campaign. Mr. Lownsdale was appointed upon the Board of County Commissioners to fill the position left vacant by the election to the United States Seuate of the
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