USA > Pennsylvania > The twentieth century bench and bar of Pennsylvania, volume I > Part 84
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Hon. Arthur L. Shay was then appointed by Governor Stone to fill the vacaney. He was born August 25, 1863, in Pottsville, and had become prominent among the Republican lawyers. Mr. Shay, having made a good reeord for himself as deputy district attor- ney, and also enjoying a prominent position among the junior bar, he was then already the nominee of his party, and, in the fall of that year (1900), he was elected for a full term of ten years. He has sinee then dis- charged the arduous and complicated duties of his office with recognized fairness and ability and with due fidelity and application, so that he is today a worthy compcer of his honored colleagues on the beneh.
Hon. Oliver P. Bechtel, as already stated, was born in Northumberland eounty Janu- ary 31, 1842, was elected to the beneh in 1877, and re-elected in 1887, and unanimous- ly again re-elected in 1897, and is now
serving his third term on the bench. This very fact, to wit, that he has served the peo- ple of this county as a judge of our courts continuously for almost thirty years, and sinee 1898 as the president judge, and his having been unanimously re-elected at his last elcetion, is a better eneomium of this dis- tinguished jurist than the writers of this article can bestow, to which we may add that his legal erndition is best attested by the fact that he seldom meets with a reversal at the hands of the higher courts, and that his pereentage of reversals is as low as that of any other common pleas judge of Pennsyl- vania, his judicial record and his reputation throughout the state being foremost among our common pleas judges.
In 1895 he was one of the candidates on the Democratic ticket for the Superior Court, and he has also been repeatedly prom- inently named and strongly backed in state conventions for the Demoeratie nomination for the Supreme Court.
We have also a separate orphan's court, to which the constitution of 1874 entitled us by reason of our having a population of over 150,000, as established by the census of 1890. But the Legislature of 1891 took no notice of this fact, and the judiciary eom- mittee of the Senate of 1893 smothered a bill creating this court, which had passed the lower house at that session. After Robert E. Pattison left the gubernatorial ehair, and was succeeded by Gov. Hastings, the Legis- lature, on March 28. 1895, P. L. 31. passed the act to establish this separate orphans' court, in which is now vested all the orphans' court jurisdiction in and for said county.
Hon. Thomas H. B. Lyon .- Governor Hastings appointed Mr. Lyon, a native of Susquehanna county, then a praetieing at- torney at Mahanoy City, in this eounty, to this position. Judge Lyon organized his court and put it in good working order, and served with credit the balance of the year, when he was succeeded by Hon. P. M. Dunn,
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a native of this county, then a practicing attorney, then and still living in Minersville, and who was elected to that position as the Democratic candidate in the fall of 1895.
Judge Dunn's majority being only seventy- six votes, Judge Lyon instituted a contest, disputing the legality of Judge Dunn's elce- tion by reason of alleged illegal votes being cast for him. This contest, with Judges Allen Craig, of Mauch Chunk; E. R. Ikeler, of Bloomsburg, and A. W. Ehrgood, of Leb- anon, constituting this special court (Judge Ikeler having died during the contest, his successors, first Judge Grant Herring and then Judge A. W. Little, took his place), lasted over two years, 3,280 witnesses being called in the case, the testimony filling thir- ty books with about 15,000 pages of printed matter, and cost about $50,000, and re- sulted in increasing Judge Dunn's majority to 162 votes (one of the writers hereof be- ing counsel for Judge Dunn). This is a not unusual result in contested election cases, as both parties can and do play at the same game of ferreting out illegal votes cast for the adversary, the contestee often coming out ahead. Throughout this worrisome con- test, and since its termination, Judge Dunn has faithfully discharged the duties of his sacred trust, and has with due care and fidelity protected, guarded and cared for the estates of decedents and infants, in the care of this court.
Hon. George J. Wadlinger was a son of' the late Francis and Anna M. (Shaub) Wad- linger. He was born in Minersville, Schuyl- kill county, Pa., July 10, 1857. His grand- father, George J. Wadlinger, was a native of the kingdom of Bavaria, Germany, where he lived and died. His son, Francis, the father of George J., was also born in Germany, in the year 1836, and died in Mahanoy City in 1879. He came to Minersville, Pa., in the year 1854 and remained there until 1865, when he went to Mahanoy City, where he engaged in the mercantile business. In connection with
this, a short time before his death, he was superintendent of collieries, and, with his brother, John Wadlinger, was interested in Phoenix Park Colliery under the firm name of F. Wadlinger & Co. He was also super- intendent of the Diamond Colliery at Forest- ville and Anchor Colliery at Hackersville; while acting in this capacity he received in- juries that subsequently caused his death. In politics he was a very active Democrat. but never aspired to office.
Judge Wadlinger was educated in the pub- lic schools of Mahanoy City, and later en- tered St. Vincent college, Westmoreland county, Pa., from which he received the de- gree of master of accounts, June, 1873. He was president of the Alumni Association of that college for several years. After his grad- uation he engaged in the mercantile bnsi- ness at Mahanoy City, during which time he did considerable newspaper corresponding, and had also began the preliminary study of law. He retired from mercantile business in 1879 and entered the office of Hon, Chas. N. Brumm, where he continued his law studies until March 4, 1881, the date of his admis- sion to the bar of Schuylkill county. He then opened an office in Pottsville and liad been in active, successful practice up to his election as judge on the bench of the Schuyl- kill county courts.
Mr. Wadlinger was united in marriage on August 29, 1882, with Margaret D. Jones, a daughter of David W. Jones, a native' of Wales, but recently a resident of Luzerne county, Pa. To them have been born six children : Mary Louise, who died at the age of eighteen months; Charles V. and George W., twins, born December 5, 1885; Francis Raymond, born September 12, 1890; Herman David, born May 14, 1893, and Helen M. born February 21, 1896.
Mr. Wadlinger was a strong supporter of the Democratic party and was always re- garded as one of the ablest and wisest coun- sellors. He had been frequently urged to
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present himself as a candidate for political honors, but usually declined to seek political preferment. However, he was elected a del- egate to the Democratic state convention in 1883, and presented the name of B. B. Me- Cool for nomination to the office of state treasurer, and was a state delegate several times since. In 1891 he was nominated for the position of additional law judge for the county of Schuylkill, in opposition to Judge David B. Green, but was defeated.
He was a stockholder and one of the orig- inal organizers of the Union National bank, of Mahanoy City, a successful financial insti- tution. He was also president of the Amer- icus Democratic club, of Pottsville, now out of existence, secretary of the Schuylkill County Bar Association and a member of the committee for examination of students for admission to the bar for fourteen years. Aside from these Mr. Wadlinger was a mem- ber of the staff of reporters for the district reports-a series of legal records which, since 1891, have held a very important place in the law literature of the state. In 1889 he published his well-known treatise, the "Law of Costs in Pennsylvania," which has received a very candid endorsement of the bench and bar of the state and in which he exhibited his ability as a clear and cogent legal writer. He was thoroughly familiar with the routine of court procedure, was an earnest and profound student of the finer is- sues of legal jurisprudence, and above all bore an unblemished character for integrity.
HIe was at work on a book entitled "Fraud- ulent Debtor," and had mapped out a work on "Law of Libel." On July 10, 1899, which was his forty-first birthday, he was nom- inated for the office of judge of the Common Pleas Court of Schuylkill county and elected at the November election by a majority of 1,872 votes over his opponent, Judge D. C. Henning, the Republican candidate. Hle sat as judge during the January and March
terms of court in the year 1900. Although very ill at the March term, his devotion to duty overrode the advice of his physician, and he remained on the bench.
His work on the bench was of the clearest and most concise order. Ile had delivered several very important opinions and they were commented upon by all interested to be of exceptional ability. In a new branch of the law, to wit, the culm damage suits, he blazed a new path for himself, which utter- ance will be followed by other courts as be- ing the clearest exposition of the law upon the subject rendered up to date. This was a decision in which 1,200 different actions were to be disposed of at one time and with the cost of one suit to the public, entailing an immense saving to the county. Judge Wadlinger had also decided to put an end to petty litigation, with which the courts of Schuylkill county are very much hampered and in such a case tried before him he in- dieated clearly his position in this matter and followed it with an opinion.
His charges to the jury were models, clear and cogent, and his judgments upon matters of law were admired by all members of the legal profession. He left no doubt in the minds of the jury as to their duty as far as the law was concerned. The brightest pros- pects were predicted for him, and universal sorrow was expressed at his death, which oc- curred at his home. No. 514 Mahantongo street, Pottsville, Pa., on May 16, 1900.
(Sketch by the Publishers.)
Associate or lay judges of Schuylkill coun- 1.V :
George Rausch, Daniel Yost, Strange N. Palmer, George Rahn, J. Huntzinger, Sr .. Samuel D. Leib, Henry Voute, Charles Frail- ey, Sol. Foster, Sr., Jacob Hammer, Benj. F. Pomeroy, Francis S. Hubley. George Ralın. James Focht, Bernard Reilly, Benjamin Heil. ner, Jacob Kline, Nicholas Seitzinger.
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Since the adoption of the new constitution of 1874 this office has ceased to exist in Schuylkill county.
District attorneys of Schuylkill county :
Robert M. Palmer, clected 1850; Charle- magne Tower, elected 1853; Thomas H. Walker, elected 1856; Howell Fisher, elected 1859; Franklin B. Gowen (Guy E. Farqu- har), elected 1862; James Ellis, clected 1865; Charles D. Hipple, elected 1868; James B. Reilly, clected 1871; George R. Kaercher, elected 1874; Adolf W. Schalck, clected 1877; Joseph H. Pomeroy, elected 1880; J. Ilarry .James, elected 1883; W. John Whitehouse, elected 1886; Richard H. Koch, elected 1889; James W. Ryan, elected 1892; Edgar W. Bechtel, elected 1895; Michael P. MeLaugh- lin, elected 1899; Charles E. Berger, elected 1902.
Note .- Mr. Gowen resigning in 1864, Mr. Farquhar was appointed by court for the balance of Mr. Gowen's term.
County solicitors :
1817-19, Jas. B. Hubley ; 1820-21, John W. Roseberry; 1822-24, George Taylor; 1825-39, John Bannan; 1840-45, Wm. B. Potts; 1846- 49, John Bannan; 1857, C. Tower (resigned April 15) ; 1850-51, John Bannan ; 1852, Rob- ert M. Palmer ; 1853-56, John Bannan; 1857- 58, F. W. Hughes; 1859-65, T. R. Bannan ; 1866-68, Chas. D. Hipple; 1869-71, Geo. DeR. Keim; 1872-74, F. W. Bechtel; 1875-77, Hor-" ace M. Darling; 1878-80, Jas. F. Minogue; 1881-82, W. J. Whitehouse; 1882-85, A. W. Schalck; 1885-86, W. J. Whitehouse; 1886- 88, D. C. Henning ; 1888-93, Jas. F. Minogue ; 1893-94, B. W. Cumming, Jr .; 1894-97, John O. Ulrich; 1897-98, Chas. E. Berger; 1898- 1900, Harry O. Bechtel; 1900. Charles A. Snyder.
Our law library should be a matter of su- preme interest to our bar, and we therefore briefly refer to some legislation concerning it.
The act of May 1, 1861, P.L. 586, gave one- quarter of the fines and forfeitures levied in
this county for the purchase of law books for the law library for five years.
The act of February 12, 1867, P. L. 154, gave one-half of all the fincs and forfeiturcs for the purchase of law books for our li- brary, under the control of the judges of thic courts.
The authorities of the county. however. were so indifferent to the collection of fines and forfcitures and forfeited recognizances which, if collected, would have created a handsome fund for this library, that the act approved May 24, 1871, P. L. 1133, estab- lished a board of trustees consisting of the law judges of our court and three members of the bar, to be annually appointed by them for the ensuing year, and this board of trus- tees is authorized to purchase books, etc., for the library and to draw warrants for the payment thereof on the county treasurer up to $3,000 a year.
This liberal allowance, however, lasted only for one year, for the act approved April 9, 1872, P. L. 1090, while continuing this board of trustees with power to purchase books, etc., and to pay therefor by orders upon the county treasurer, limits their an- nual allowance to $1,000, to cover the salary of the librarian and other expenses as well as new law books.
There were hundreds of special laws passed for Schuylkill county, and the writer hercof has a full and complete list of them. Some of them refer to our courts, fixing and changing the terms of the court, and the duration thereof, and giving unto our courts chancery and other powers, which it was deemed necessary from time to time to con- fer upon them, including also power to des- ignate certain periodicals for the publication of legal notices, local laws, etc., and regulat- ing the doings and the practice of the court ; but it would carry us far beyond the scope of this article to even refer to them, and, be- sides, most of them have become obsolete by
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reason of recent general legislation upon these various subjects.
The following is a roster of our present bar, and eounty officials, as published in our court calendar :
President Judge-Hon. O. P. Bechtel.
Additional Law Judges-Hon. W. A. Marr, Hon. Arthur L. Shay.
Orphans' Court Judge-Hon. P. M. Dunn. Officers-Controller, H. J. Muldoon; sher- iff, S. Rowland Beddall; prothonotary, Sam'l HI. Gore; clerk of courts, Isaae A. Ball; treas- urer, F. J. Noonan ; reeorder, Jos. H. Nichter ; register and clerk of the O. C., T. S. Herb ; county surveyor, John Kersliner; eourt erier. Charles Graber; commissioners, F. R. Kant- ner, H. F. Reber, Geo. Opie; distriet attor- ney, Chas. E. Berger; deputy attorney, J. M. Boone; assistant attorney, W. F. Lyons; official stenographer, Joseph F. Patter- son; assistant stenographer, H. C. Wilson; official stenographer O. C., Frank Dunn; county solieitor, C. A. Snyder.
Examining Committee for Admission to Bar-D. C. Henning, John F. Whalen, Geo. M. Roads, Fergus G. Farquhar, Arthur J. Pilgrim, Charles C. Matten, M. M. Burke.
Library Committee-Guy E. Farquhar, E. D. Smith, A. W. Schalek.
Commissioners to Take Depositions- David A. Jones, Joseph F. Patterson, Martin F. Moore, S. G. M. Hollopeter, Jessic R. Lit- tle, ,Geo. F. Krapp, Annie S. Reichart, W. F. Leopold, F. P. Krebs, I. Y. Sollenberger, H. C. Wilson, Decatur Moore, R. A. Freiler, R. C. Knoll, Ralph A. Phillips.
Resident Attorneys-Guy E. Farquhar, Pottsville; A. W. Sehalek, Pottsville; Fergus G. Farquhar, Pottsville; W. D. Seltzer, Potts- ville; F. W. Bechtel, Pottsville; James B. Reilly, Pottsville; W. F. Shepherd, Potts- ville; D. C. Henning, Pottsville; Joseph W. Moyer, Pottsville; W. J. Whitehouse, Potts- ville; J. F. Whalen, Pottsville; S. H. Kaercher, Pottsville; A. J. Pilgrim, Potts-
ville; J. R. Henderson, Pottsville; Richard II. Koeh, Pottsville; J. Lineaweaver, Potts- ville; James W. Ryan, Pottsville; E. D. Smith, Pottsville; M. P. MeLaughlin, Potts- ville; Charles C. Matten, Pottsville; George M. Roads, Pottsville; William Wilhelm, Pottsville; Burd S. Edwards, Pottsville; W. K. Woodbury, Pottsville; E. A. Bed- dall, Pottsville; Charles E. Breekons, Pottsville; Norman S. Farquhar, Pottsville : Geo. W. Ryon, Pottsville; Charles A. Snyder, Pottsville; S. Monroe Enterline, Pottsville ; Daniel W. Kaerehier, Pottsville; B. W. Cum- mings, Jr., Pottsville; Horace Bartolomew, Pottsville; Edgar W. Bechtel, Pottsville; George Dyson, Pottsville; George W. Gise, Pottsville; E. P. Leuschner, Pottsville; James W. Carlin, Pottsville; James J. Moran, Pottsville; C. E. Berger, Pottsville; Harry O. Beehtel, Pottsville; A. D. Knittle, Pottsville; G. A. Berner, Pottsville; Wm. G. Wells, Pottsville; Win. M. Faussett, Pottsville; George Striegel, Pottsville; Wm. L. Kramer, Pottsville; Jolin L. Stauffer, Pottsville; L. D. Haughawaut, Pottsville; F. V. Filbert, Pottsville; J. A. Noecker, Pottsville; Harry O. Haag, Pottsville; James P. Flanagan, Pottsville; C. F. Muehlhof, Pottsville; Irvin A. Reed, Pottsville; M. J. Fleming, Pottsville; Otto E. Far- quhar, . Pottsville; Walter G. Treibly, Pottsville; James L. N. Channell, Potts- ville; R. Albert Freiler, Pottsville; David L. Thomas, Pottsville; John J. Kelly, Pottsville; J. O. Haas, Pottsville; J. Milton Boone, Pottsville ; J. F. Rehm, Pottsville; E. Harper Hoffman, Pottsville; Rufus A. Dent- zer, Pottsville; George M. Paxson, Pottsville ; Morris H. Spicker, Pottsville; George M. Kinney, Pottsville; Martin F. Duffy, Potts- ville; George Ellis, Pottsville; D. W. Alt- house, Pottsville; Jaeob Rothstein, Potts- ville; R. C. Collins, Pottsville; Carrison G. Breisch, Ringtown; Edw. C. Bawmann, Seli. Haven; J. H. Filbert, Seh. Haven; Thos. R. Beddall, Shenandoah; S. G. M. Hollopeter,
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Shenandoah ; John R. Coyle, Shenandoah ; M. M. Burke, Shenandoah; E. W. Shoemaker, Shenandoah; J. Claude Brown, Shenandoah ; Wm. F. Lyons, Shenandoah; W. B. Durkin, Shenandoah; James J. Bell, Shenandoah ; Jos. P. Monoghan, Shenandoah ; Frank Toole, Shenandoah; Auber J. Robbins, Shenan- doah ; Albion P. Spinney, Ashland; J. F. Minogue, Ashland; M. H. Wilhelm, Ashland ; C. O. Burkert, Ashland; W. C. Devitt, Ash- land; George F. Krapp, Ashland; Alfred B. Garner, Ashland; Robert A. Reick, Ashland : A. Leffler, Ashland; Geo. S. Merriek, Delano; R. S. Bashore, Tremont ; M. H. Moyer, Or- wigsburg; David A. Jones, Minersville; Charles N. Brumm, Minersville; Wm K. Shissler, Minersville; H. B. Graeff, Tama- qua; J. O. Ulrich, Tamaqua; Frank P. Krebs, Tamaqua; Robert J. Graeff, Tama- qua ; Thos. F. Garrahan, McAdoo; Jos. H. Garrahan, McAdoo; I. Y. Sollenberger, Mahanoy City; M. M. MacMillan, Mahanoy City; W. P. Ramsey, Mahanoy City ; Robert P. Swank, Mahanoy City; T. H. B. Lyon, Mahanoy City ; Austin C. Sherman, Mahanoy City; Robert C. Smith, Mahanoy City ; M. A. Kilker, Girardville; Edw. Maginnis, Girardville ; E. J. Webb, Tower City.
A worthy aeeount of the bar of Schuylkill county demands a pen that ean write his- tory, and a sufficient number of volumes in which to publish it. This history would be unique and doubtless interesting to our brethren of the bar of Pennsylvania. But in this paper we will undertake to write simply a few sketches that may furnish a glimpse into our history.
This county has produced great judges and great lawyers, yet they never reached the foremost rank in the political world of either the state or nation.
It is true that the Hon. Francis W. Hughes attained the high position of seeretary of the commonwealth, by virtue of which office he was also the superintendent of the public
schools of our state, and attorney general of Pennsylvania; that the Hon. James Cooper beeaine a member of the United States Sen- ate; that the Hon. James H. Campbell was made minister to Sweden; that the HIon. Francis P. Dewees was made assistant at- torney general of the United States, the Hon. Robert M. Palmer minister to the Argentines and Captain J. S. MeMieken appointed eon- sul to Mexico. The following members of our bar represented the distriet in the Na- tional House of Representatives: Hon. James H. Campbell, Hon. Myer Strouse, Hon. James B. Reilly, Hon. John W. Ryon, Hon. Charles N. Brumm and Hon. James W. Ryan. Other than these none of our lawyers have been chosen to high politieal preferment in our national administration. In our state administration, the highest preferment at- tained by our members was that of the office of State Senator. Hon. Robert M. Palmer was at one time the speaker of the Senate: Hon. O. P. Bechtel was later an honored member of that body; Hon. F. W. Hughes was also a member of that body, as was also Hon. John Hendricks.
Quite a number of our members served in the lower house of our Legislature, some of them making honorable and distinguished
1 records, but we cannot stop here to enumer- ate them or speak of their serviees in detail.
We must not fail, however, to mention the names of a few who held commissions signed by the president of the United States. Col. James J. Seibert, of the gallant Seventh Pennsylvania Cavalry ; Col. Henry Royer, of the immortal Ninety-sixth Regiment, Penn- sylvania Infantry; Col. David B. Green, of the famous One Hundred and Twenty-ninth Regiment, Pennsylvania Infantry; Major James Ellis, of the immortal Forty-eighth Regiment, Pennsylvania Infantry; Captain John T. Boyle, of the Ninety-sixth Pennsyl- vania Infantry, and Captain Charles D. Hip-
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ple, of the same regiment. Nor shall we for- get the honored name of Hon. John W. Ryon, a major in the First Regiment of the Divi- sion of the Pennsylvania Reserves, the orig- inal Drainesville Bucktail Regiment. All these held commissions of the national gov- ernment, not to make laws nor interpret them, but for the time being to enforce, not only the laws, but the constitution. In this connection the writer deems it fitting to say, although we desire to refrain as much as possible from speaking of the living, that Captain Charles N. Brumm, of the glorious Seventy-sixth Zouave Regi- ment, Pennsylvania Volunteers, one of the heroes of Poeotaligo; Lieut. Herman B. Graeff, the efficient adjutant of his regiment, and Corporal A. W. Schalck, as also Messrs. L'Velle, Nash, Laucks, Litchenberg, Thos. R. Beddall, with many others, go to show the spirit of patriotism that prevailed among the members of the bar in the dark days of the rebellion. There are many others whose names might here be recorded, but they are already enrolled upon the pages of our coun- try's history.
The reason we say this bar is unique is because it edueated a class of judges and lawyers who stand in the front rank of the land-law lawyers all the world over. If the reader will take the trouble to look over the reported eases of the law on original titles, tax titles, titles by adverse possession, senior and junior warrants for the same land, in- terferenees, and the like, he cannot fail to come upon a Schuylkill county ease. When he eomes to look up the doctrine of water rights, whether upon the surface or under- ground, the laws of mining, the duty that the dominant property owner owes to the servient, the law that regulates the property of the adjoiner, whether on the surface or underneath, he must fall upon a Schuylkill county case. And many of these adjudiea- tions were not necessarily based upon prece-
dents. Indeed in many cases there were no precedents, but these adjudications were made by and through the astuteness of the Schuylkill county judges and lawyers, and beeame a part of the law of the land. Many of these cases are cited and relied upon by the highest courts of America.
There was a field here for a school for the land-lawyer; students came, and many grad- uated with the highest honors that the pro- fession ean grant. One member of this bar, the Hon. John W. Ryon, although serving but a single term in the National House of Representatives, was the third senior men- ber of the judiciary committee. Another, Hon. Charles N. Brumm, was the chairman of the committee on claims in that body. Still another, the Hon. James B. Reilly, was the chairman of the committee on Paeific rail- roads.
The bar is zealous in providing itself with an exeellent working library. Under the management of the library conunittee, Guy E. Farquhar, E. D. Smith and A. W. Schalek, Esqs., it has reached almost 3,500 volumes. and compares very favorably with those of the larger counties of the state.
The training and education of the student at law is carefully condueted. While in for- mer years its board of law examiners was a sort of temporary institution, yet sinee over fifty years ago regular committees have been appointed and they organize annually and prescribe a eurriculum both for preliminary and final study and examination. For many years the late Hon. John W. Roseberry aeted as its president, and after his decease Wil- liam B. Wells, Esq. After the death of the latter the offiee was filled by Hon. D. C. Hen- ning, who has continued in that office up to the present. The other members of this committee are John F. Whalen, Esq., Fer- gus G. Farquhar, Esq., George M. Roads. Esq., Hon. C. C. Matten, Arthur J. Pilgram, Esq., and M. M. Burke, Esq. The commit-
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