USA > Texas > The bench and bar of Texas > Part 38
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"O. M. ROBERTS."
" AUSTIN, TEXAS, January 31, 1885.
" Col. A. J. Peeler, Austin -
" DEAR COL .: I have examined your report to the Gov- ernor in reference to the Mercer Colony case, and it seems to be correct. My own personal services in the matter were
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unimportant, having remitted the case entirely to your own management.
" I hope the Governor will appreciate the propriety of your reasonable request in seeking compensation for services not covered by the fee originally paid, and that you will be able without further difficulty in effecting an amicable and satisfactory arrangement as to the amount of the same.
" If I can be of any service in the premises, it will give me pleasure to assist you.
" T. S. MAXEY."
" SAN ANTONIO, TEXAS, February 1, 1885.
" Col. J. Peeler, Austin, Texas -
" MY DEAR FRIEND : Your favor of January 31, just at hand. I have carefully read your printed letter to Governor Ireland dated to-morrow, and cheerfully say that it is a very plain, accurate statement of your connection in the Mercer Colony case. You have not dealt as fully as you might probably have done on the extent of your labors, the unre- mitting zeal and signal abllity with which you managed this case. The State could not have been more ably nor more . successfully represented. You ought to be paid according to the contract.
" Yours truly,
J. H. McLEARY."
" AUSTIN, TEXAS, February 2, 1885.
" Hon. A. J. Peeler, Austin, Texas -
" DEAR SIR: I have had the pleasure of reading your report to his excellency Governor Ireland of the litigation known as the Mercer Colony case. Having for a time been connected with you in that litigation, I am able to say that" the report is not only accurate in its facts, but very liberal in its statements in regard to the services of myself and others. I say truthfully that it is attributable to your great labor and eminent abilities that this important litigation was brought to a successful termination, and at so early a day. . I trust your valuable services to the State in this matter will be properly appreciated and liberally compensated, and
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knowing as I do the amount of labor and the great loss of time which has been occasioned to you by reason of your faithful attention to the interests of the State, I know that the pay which you have already received is poor compensa- tion indeed, compared with what you deserve, and compared with the benefit which has accrued to the State.
" Very respectfully, SAM A. WILLSON."
" EXECUTIVE OFFICE, AUSTN, TEXAS, Feb. 5, 1885.
" Col. A. J. Peeler, Austin -
" SIR: I am in receipt of your favor of date 2d inst., with accompanying package. I congratulate you on the early and successful termination of the Mercer Colony case, and, in behalf of the State, thank you for the valuable ser- vices rendered by you.
" With reference to your claim for services in collateral suits touching the same matter, I can only say that I know nothing of their value or nature. Nor are there any funds under my control out of which I would be authorized to pay the fees referred to.
" I therefore suggest that you lay your claim before an appropriate committee of one of the Houses for such relief as the Legislature may see proper to authorize.
" I am, sir, very respectfully, your obedient servant, " JNO. IRELAND."
In the field of authorship Mr. Peeler is not unknown. His work entitled " Law and Equity as Distinguished and Enforced in the Courts of the United States," displays great research and has received very high commendation from the bench and bar.
The distinction between law and equity, being a control- ling feature in the administration of remedial justice in the courts of the United States, any work must be of value to the profession, which, in a careful and painstaking manner, presents the principles upon which this distinction depends. In this book the author discusses fully and exhaustively common law and equity as recognized and contradistin-
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guished in the Constitution and statutes of the United States. He refers to, and extracts from, cases in which the distinction between law and equity is said to be derived from the Constitution. In so far as the distinction is recognized by statute, there is a full discussion of all such statutory provisions.
The author does not pretend to have covered, in detail, the whole field of Federal practice, but has discussed, with the utmost fullness, the relations to each other in the State and Federal courts. Upon the general principles of Fed- eral jurisdiction, and with reference to the jurisdiction of the respective courts of the United States, District, Circuit and Supreme, this treatise is fuller in its discussion of ques- tions arising under the statutes of the United States and determined by the decisions of the courts of the United States than any other existing work.
The author discusses, with the fullest possible reference to authoritative decisions, the source and rules of legal and equitable rights, whether found in State laws, the Constitu- tion of the United States, or in the statute of the United States.
Chief Justice Waite, of the Supreme Court of the United States, says: "I am sure the book will be found to be one of great practical usefulness. The practice which now prevails generally in the States of abolishing the distinction between the actions at law and suits in equity makes it the more important that the profession should have at hand a convenient manual for their use in conduct- ing proceedings in the courts of the United States, where that distinction must be maintained."
Associate Justice Bradley says : " I anticipate pleasure and instruction from its perusal."
Associate Justice Blatchford says : " A separate work on this subject will prove useful, and the care and discrim- ination you have exercised in your labors will commend your book to the legal profession."
Associate Justice Mathews, after speaking of the great practical importance of the subject, says : " I have looked through the pages of your volume with interest and care, 31
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and feel warranted in saying that you have discussed the subject in the light of judicial decisions with great fullness ' and learning, and, I believe with reliable results."
Judge West, of the Supreme Court of Texas, after re- ferring to the difficulties of the subject, which in his pro- fessional experience he learned to appreciate, says : " There is no treatise or book upon Federal practice, that I am aware of, that occupies the precise place on this sub- ject that yours is designed to fill. The arrangement of the work is logical, and, in your successive departments, the foundation and sources on which the jurisdiction of the Federal courts rest, both as courts of law and equity, are naturally and gradually, in their proper order, unfolded and considered in a most satisfactory manner. I regard the work as one every practitioner in those courts should have constantly by him. You have, in this contribution to the literature of the law, well paid the debt which every lawyer owes to his profession. I can not but believe that the opinion of its great merit that I have here expressed will be very generally indorsed by the bar of the United States."
Besides his legal authorship Mr. Peeler has contributed to the press many articles on questions of general im- portance. He is the author of the various letters which attracted much attention at the time and which appeared in the Galveston News just before the meeting of the Consti- tutional Convention of 1876, over the signature of " Pub- lius." These letters indicated much research and were designed to influence the public mind in favor of a thor- oughly efficient and well paid judiciary. At the request of the State Bar Association he read a paper before that body at Houston, entitled " The right of land owners in Texas to protection against governmental and individual aggres- sion in the use and enjoyment of their property." The " fence-cutting troubles " which suggested the paper, in- duced its publication throughout the State and intensified the interest with which it was generally received and read.
Mr. Peeler possesses all the qualities of an eminent lawyer and the characteristics of a good man. His predominant
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traits are: an acute perception, sound judgment, un- swerving integrity and indomitable resolution. His mind is capacious, active and peculiarly practical, is habituated to comprehensive observation and steady reflection, and gathers every feature of fact and principle that forms an ingredient of a legal proposition. His successful man- agement of the subtle and abstruse questions involved in the many important cases in which he has been engaged strikingly exemplify his genius and resources. The confi- dence reposed in his ability, the expectations engendered by his characteristics, and the professional honors conferred upon him, have met with a responsive fidelity and power which have gained him applause and reputation. In the rounded bulk of professional attainment, moral culture and social accomplishment he has no superior at the Texas bar, and he wears the badges of his merit with dignified meek- ness and becoming modesty.
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WILLIAM M. WALTON.
There are but few men whose lives present a more strik- ing exhibition of the possibilities of energy and determina- tion to attain distinction and success amid difficulties apparently insuperable, than that of the subject of this sketch.
William M. Walton was born at Canton, Mississippi, on the 17th of January, 1832. His early education was con- fined to the old field schools of the country, and later in his youth, he taught the primary classes in these schools to pay for his own tuition and at the same time labored on a farm during the mornings and evenings and on Saturdays to defray the charges for his board and other expenses. On approaching the age of maturity he obtained employ- ment as a deputy in the office of the circuit clerk of the county, and having saved a portion of his small compensa- tion, he went to Charlotteville, Virginia, and taught in the preparatory school there in order to enable him at the same time to receive instruction in the University of. Virginia which he attended during the sessions of 1849 and 1850. Returning to Mississippi in the spring of 1851, he began the study of law in the office of Cothran & George at Carrollton, the latter being at present a United States Sen- ator from that State. In 1852 he was prepared to enter the bar, but being yet a minor he obtained his license in the fall of that year from Vice-Chancellor Dickenson at Carrollton under authority of a special act of the Legisla- ture relieving him of his legal disabilities. In the month of February, 1853, he removed to Texas and located at Austin where he began the practice of his profession and has ever since resided. In 1862 he entered the Confeder- ate army as a private, but was soon afterwards elected
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lieutenant, was then promoted to a captaincy and was then elected major of his regiment. He was afterwards offered the command of a regiment of cavalry but declined. At the close of the war he quietly resumed his practice. In 1866 he was elected Attorney-General of the State, but was removed by military authority in 1867, as one of the ob- stacles in the path of reconstruction, and since then has de- voted his energies and aspirations entirely to the practice of his profession which he loves with a devotion of a de- votee.
Maj. Walton was married in 1854 to Miss Letitia A. Watkins, of Carroll County, Mississippi, whose qualities of excellence have doubtlessly had a large share in inspiring his efforts and directing his aspirations. His first associa- tion in the practice of law was with A. J. Hamilton in 1854, to which F. W. Chandler was afterwards admitted. In 1858 he formed a copartnership with Judge S. G. Sneed, which afterwards included Thomas E. Sneed, and continued until the commencement of the civil war, when the forum was exchanged for the field. After the war he formed a copartnership with W. P. de Normandie, which continued until 1870, when, his partner having retired from the bar, he associated with John A. Green, and in 1875 R. J. Hill was admitted a member of the firm. In 1882 Mr. Green withdrew and settled in San Antonio, and in 1884 N. S. Walton, a son of Maj. Walton, became a member of the firm which now exists under the name of Walton, Hill & Walton.
He is a profound lawyer and a man of superb social qualities. Generosity and magnanimity are prominent features of his character, and he is a true patriot, an up- right citizen and a faithful friend; and if it were possible for the author of this work to be blinded by partiality or personal regards as to a true insight into the characters of men whose traits he has studied, Major Walton is one of the few persons whose qualities could enchant his ob- servations. But he is an open-minded, open-hearted and open-handed man, and the seal of his character pre- sents its stamp to all the world ; upon which inscribed in
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living characters, are the qualities which I have assigned him.
As a lawyer Major Walton has few superiors in the State, and while attorney-general evinced a broad scope of legal view amid the mass of novel and perplexing questions that during that time presented themselves for solution to his discernment and judgment, which characterized him as one of the most eminent of those whose legal counsel has guided the helm of the State. He was a staunch supporter of Governor Throckmorton in his efforts to maintain the rights and dignity of Texas against military usurpation. But all the polished arts of Nestor could not stay the wrath of Achilles, and Major Walton retired from the political scene with the verdict of popular applause.
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JACOB WAELDER.
JACOB WAELDER.
The subject of this sketch is a native of Germany and was born in the town of Weisenheim, in the Rhine Provinces, on the 17th of May, 1820. His father was a jeweler, and at the time of his birth his native town, Weisenhiem, was by conquest a part of the first empire of France, but after the downfall of Napoleon I it formed a part of the Rhine Provinces, and is now consolidated with the German Em- pire. Jacob had at an early age the advantages of the best schools of his native town and also of an excellent gymna- sium, which he attended until he was twelve years old. His father was a man of strong republican sympathies, and, being a great admirer of American institutions, emigrated to this country in 1833, and settled in Pennsylvania. Here his son continued his studies in a good school until he reached his fif- teenth year ; he was then placed in a printing office and two years afterwards was employed as one of the proof-readers in the Constitutional Convention of Pennsylvania convened in 1837. In 1838 he went to Germany, where he remained over two years and completed his general education. In 1841 he returned to America and established a newspaper at Wilkesbarre, Pennsylvania, of which he was the proprietor and editor ; but in 1842 began the study of law at that place in the office of Hon. L. D. Shoemaker, and remained under his supervision until he was prepared for the bar. In 1845 he obtained his license and entered upon the practice of law, but the Mexican War was at that time engaging the atten- tion of the country, and Mr. Waelder, catching the inspi- ration of military enthusiasm, enlisted in the First Regiment of Pennsylvania volunteers and served throughout that war. He was elected a lieutenant of Company I of that regiment, which having embarked at New Orleans landed
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below Vera Cruz with the army of Gen. Scott and partici- pated in the storming of that city and the castle of San Juan d'Ulloa, marched with Scott's army into the interior, was then moved forward first to Jalapa and then to the castle of Perote, from which place six companies of the regiment were ordered to Pueblo, where the army was then concen- trating. Lieutenant Waelder was appointed adjutant of the battalion composed of the advancing companies. When Gen. Scott moved upon the valley of Mexico this battalion, with small force of cavalry, was left at Pueblo and maintained the siege of that city against a force of four thousand Mex- ican troops which were joined by four thousand others un- der General Santa Anna, after the fall of the City of Mexico, until it was relieved by Gen. Joseph Lane in October, 1847. During the siege he was appointed acting assistant adjutant- general by Gen. Childs of the regular army, commanding the garrison, and was several times mentioned for good con- duct in the reports of both that officer and the colonel of his regiment.
At the close of this war he returned to the practice of his profession at Wilkesbarre, and in 1850 was elected dis- trict attorney of Luzerne County, Pennsylvania, and also brigade inspector of militia; but the failing health of his wife caused him to seek a home in a milder climate, and resigning these offices, in 1852 he removed to Texas and located in San Antonio, which he made his permanent resi- dence, and where he has attained eminent distinction as a lawyer and accomplished gentleman. In 1855 he was elected a member of the Legislature of Texas and was re- elected the two succeeding terms.
As a legislator he was distinguished for his close and watchful attention of the interest of his constituents, and for the ardor and ability with which he advocated every measure calculated to promote the general welfare of Texas. Since his last term in the Legislature, in 1859, he has never sought any political preferment, but. has devoted all his energies to a large law practice acquired and sustained by his integrity, ability and success.
He has always been a thorough Democrat and during the
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war was a major in the Confederate army and served first as general enrolling officer, and subsequently as assistant pur- chasing commissary. In 1875 he was a member of the convention which framed the present Constitution of Texas, and exerted a prominent influence in the formation of that instrument, which ended his political career.
Soon after this war, seeing but little hopes of quietude and the peaceful pursuit of his profession amid the dis- organization of reconstruction, Mr. Waelder removed to the city of New York and practiced one year in Wall Street in copartnership with Mr. M. C. Riggs, but returned to San Antonio in February, 1868, and formed a copartner- ship with Hon. Columbus Upson, who has recently been a member of Congress from that district, and this copartner- ship still continues.
Mr. Waelder has been twice married. His first mar- riage was with Miss Lizzie Land, of Wilkesbarre, Pennsyl- vania, in 1849 - an accomplished lady, who died in 1866; and in 1870 he was married to Mrs. Ada Maverick, for- merly Miss Ada Bradley, of San Antonio, and this excellent lady has inspired him with much of that spirit of good cheer and contentment which pervades his social ethics and stimulates his professional exertions.
As a lawyer Mr. Waelder is profound and accurate. He thoroughly comprehends the great principles of law estab- lished by the wisdom of ages as the proper measures of right and justice among men, and his sound judgment and indefatigable research enable him to apply these with a masterly hand to the affairs of society. He has been especially successful in the application of new and important features and interpretations in civil cases. His unabating industry and methodical habits lead him to a thorough understanding of his cases, and identifying himself with the interests of his clients in all meritorious suits, he sees but one side of a question - the one that has enlisted his exertions.
Among the most notable cases in which he has been en- gaged before the Supreme Court are the following: I. A. & G. W. Paschal et al. v. W. H. Dangerfield et al., 37
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Texas, 273. This case involved the question of presump- tions of grants and the subject of imperfect titles to lands, and the legal status of parties between whom partition has been made; that they must sue separately to recover the possession of land which has been partitioned and to per- fect their title, and that this principle applies to suits both at law and in equity. Acklin v. Paschal et al. 48 Texas, 14 ; Myers v. Dittmar, Admr., 47 Texas, 373 ; Daumhauer v. Devine, 51 Texas, 480; French et al. v. Sternberg et al., 52 Texas, 92; Howard v. Mckenzie et al., 54 Texas, 171 ; Horan v. Frank, 51 Texas, 401 -- involving the nature and character of a mechanic's lien. Loonie v. Frank, same, 51 Texas, 406 ; French et al., v. Grenet, 57 Texas, 273. Hec- tor v. Knox, Manning . San Antonio Club, N. Y. & Texas Land Co. v. Sanchez, not yet reported.
Mr. Waelder has been also engaged in a number of im- portant cases in the Circuit Court of the United States - notably the San Antonio and Bexar County bond cases, and is engaged in a case of considerable importance, which is now pending in the Supreme Court of the United States - the case of Sabanys and wife v. Maverick et al., in which he represented the defendants and recovered judgment for them in the Circuit Court. This case involves some of the best business and residence property in San Antonio, comprising eight acres.
The case of Paschal v. Dangerfield was in litigation more than twenty-five years, and in the last effort made on motion for a rehearing before the Supreme Court, Judge Waelder, as counsel for the appellants, presented the fol- lowing observations, in reply to the arguments of the counsel for the appellees, which are of both legal and historical value : -
" We had hoped, that after twenty-five years of litigation, this case was finally disposed of by the action of this court in reversing the judgment of the court below and dismissing the cause. There was no reason to suppose, that after the full review which the case has had and the principles enun- ciated in the opinion of the court - an opinion which ex- hausts the subject and leaves nothing open for discussion,
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relative to this and similar titles - an effort would be made to induce the court to reconsider its action and reverse its own judgment.
" The effort is made, however, and while we might well leave the opinion of this court to answer the present argu- ment, we will nevertheless offer some suggestions relative to the ' new departure,' which the court is asked to take, and which, if taken, would launch not only this case upon a sea of contest, the end of which can not be foreseen, but would open a source of new litigation in various parts of the State, which has been thought closed by the decision of this case by the present bench, and by the previous decis- ions of its predecessors.
"The counsel may well say, that he is. ' in opposition to every adjudication of every American court upon this sub- ject.' He assumes that he is only apparently so, because ' the law and the reason of the law,' as understood by him, have not been before the courts for consideration.
" We take a different view of the subject, believing that the very point here raised has been passed upon in previous adjudications. Thus in the case of Paschal v. Perez, 7 Texas, 348, the counsel for Perez distinctly announces the proposition, that ' the grant passed the fee under the laws of Spain; ' and ' the act of Cordero passed the fee.' It will be remembered, that the concession in that case emanated from the same military chief and governor of Coahuila, ad interim of Texas ; was made at the same place and about the same time as the one now under considera- tion ; the language of one is the language of the other, and in both instances the parties to whom the concessions were made, are referred to the same Intendency for confirmation. The counsel of Perez endeavoring to show, that ' the authority of Cordero is beyond a question ;' refers to vari- ous decisions of the Supreme Court of the United States, none of which, although a cursory reading may have mis- led, sustain the position assumed. Thus in the case of Delassus v. The United States, ' the concession was made in regular form on the 1st of April, 1795, by Zenon Imdean, Lieutenant-Governor of the western part of Illinois, in
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which the land lay, BY SPECIAL ORDER of the Baron d .. Carondelet, Governor-General of the province ; given in consequence of a contract entered into by De Luziere- with the government for the supply of lead.' In deliver- ing the opinion of the court, Chief Justice Marshall say -. that ' by the royal order of 1774, the power of granting lands, which had been vested in the Intendente by an order of 1768, was revested in the civil and military governors of the provinces, who retained it until 1798.'
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