History of the city of Spokane and Spokane County, Washington : from its earliest settlement to the present time, Volume II, Part 60

Author: Durham, N. W. (Nelson Wayne), 1859-1938. 4n
Publication date: 1912
Publisher: Chicago : S.J. Clarke Pub. Co.
Number of Pages: 850


USA > Washington > Spokane County > Spokane > History of the city of Spokane and Spokane County, Washington : from its earliest settlement to the present time, Volume II > Part 60


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Mr. Gilson is a man who can be depended upon to champion every worthy cause, as was manifested during the period of his newspaper career, the columns of his journals always giving their support and cooperation to every movement that would tend to benefit the community and promote the welfare and highest interests of the citizens generally. He has many friends not only in Ritzville but throughout the county and state among a class of people who represent the highest standards of citizenship, and whose loyalty and support reflect credit upon the character and reputation of those to whom it is accorded.


MORTON MACARTNEY.


Morton Macartney, city engineer and one of the most eminent and capable representatives of the profession in Spokane and the northwest, was born in Des Moines, Iowa, September 12, 1877, and comes of Irish ancestry in both the pater- nal and maternal lines. His father, F. C. Macartney, however, was a native of Paris, Canada, and his mother, Charlotte (Webster) Macartney, of the state of New York. They are now living in Des Moines, where the father is proprietor of the Victoria Hotel. The grandfather served in the latter part of the Crimean war and later held the commission of colonel of a Highland regiment. Mrs. Macartney's father and two of his brothers were soldiers of the Civil war and the former was physically disabled in the conflict. In antebellum days he maintained a station on the famous underground railroad which conveyed many a slave on his way to free-


MORTON MACARTNEY


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dom in the north. The three brothers of Morton Macartney are: George W., assist- ant to the general manager of the Street Railway Company of Des Moines; R. H., who is cashier of the Security National Bank at Cheney, Washington; and T. W., assistant engineer under the Municipal Plans Commission of Seattle. A sister, Catherine M. Macartney, is an artist who is acting as instructor in the Cumming Art School of Des Moines.


Morton Macartney was educated in the West Des Moines high school and the Iowa College, from which he was graduated with the Bachelor of Arts degree in 1901, while in 1905 and 1906 he was a student in the University of Wisconsin. In the interval between his college and university course he became connected with the Interurban Railroad Company of Des Moines, Iowa, as instrument man and was promoted through intermediate positions to that of superintendent of construc- tion and afterward became superintendent of tracks on the Des Moines City Rail- road. He was also assistant engineer of the Interurban Railroad, continuing in that connection until he entered upon his university course. Following the comple- tion of his course he removed to Ellensburg, Washington, and represented the Chicago, Milwaukee & St. Paul Railroad, with which he remained for four months on the bridge at Yakima river road crossing. He afterward engaged in two weeks' work in a land company at Seattle and in July, 1907, came to Spokane, where he became assistant engineer under Mr. McIntyre. He was afterward made chief draftsman under Mr. Ralston immediately after the latter's appointment as city engineer, and was later promoted to the position of assistant engineer under Mr. Ralston. In July, 1909, he was made assistant engineer of the North Coast Rail- road in charge of the Spokane office, and in April, 1910, he was appointed city en- gineer to succeed Mr. Ralston and is still occupying the position. In this connec- tion he has charge of the construction of the Monroe street bridge which is the larg- est concrete arch in the world, the span over the river being two hundred and eighty-one feet. There is a large span after which this one is patterned which is two hundred and eighty feet and is known as the Rocky river bridge, of Cleveland, Ohio. The only part of the bridge designing with which he has had to do is a new type of centering on the main arch known as a Tauss form of centering. The cost was about five hundred thousand dollars and the bridge was opened for traffic in November, 1911. Construction work was begun on the Ist of January, 1910, by Mr. Ralston, and the work has elicited the attention and interest of engineers throughout the country. The full length of the bridge is seven hundred and fifty feet with three main spans, with a concrete trestle approach for one and an earth fill for the other. It is a triumph in both engineering and construction work al- though the plans of the Rocky river bridge have been followed. The Lataw creck bridge at Sixth avenue, while not as difficult a piece of engineering, is longer, larger and higher, but has the shorter span lengths and does not offer the same engineer- ing difficulties as were presented by the Monroe street bridge. The Lataw bridge will be built after Mr. Macartney's design and is ten hundred and fifty feet long. It has been experted and checked by Waddell & Harrington, of Kansas City, and has six main spans with two small approach spans. The entire cost is to be four hundred and twenty-five thousand dollars and the bridge is to be completed in two working seasons after the work is started.


Mr. Macartney has also been actively connected with city paving along large


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lines, a vast amount of work here being done in the summers of 1910 and 1911. The work in the latter year alone was over thirty miles. Another piece of impor- tant engineering with which Mr. Macartney has been associated was that of Browne's addition, the plans for which were prepared by Mr. Ralston but have been carried out under Mr. Macartney's administration. The work on Cannon Hill was also carried out by him and these are two of the largest contracts of the kind ever executed in the northwest, involving the expenditure of one million, two hundred and fifty thousand dollars, including the work done by the Street Railway Company. During the year, from January 1, 1910, to January 1, 1911, the paving done by Mr. Macartney consisted of twenty and a quarter miles; sidewalks, ninety- three miles; curbs, one hundred and twenty-two miles; and there were eleven and a half miles of sewers built in 1910, representing a total expenditure of three mil- lion dollars for paving and sidewalks, not including the amount of work done by the street railway which probably means an additional outlay of one million dol- lars. The beginning of the north side trunk sewer has been designed and is being constructed at the present time. It will be a reinforced concrete sewer, egg shaped, the largest portion of which will be seven by twelve feet, its distance will be about four miles long and its cost four hundred and seventy thousand dollars. Thus Mr. Macartney is now planning and supervising much important engineering work for which his thorough training and practical experience well qualify him.


On the 15th of September, 1910, Mr. Macartney was married to Miss Grace Campbell, a daughter of A. K. Campbell, of the Campbell Heating Company of Des Moines, Iowa. They have an attractive home in Spokane and in addition Mr. Macartney is interested in irrigated lands in southeast Idaho with his brothers, and also owns a wheat ranch about eighteen miles from this city. He is a republican in politics and is well known in fraternal circles as a member of Elks Lodge, No. 228, and Oriental Lodge, No. 74, F. &. A. M. His college fraternity is the Theta Delta Chi and he belongs to the Inland Club and to the Chamber of Commerce. He also is a member of All Saints Episcopal church. He holds membership with the American Society of Civil Engineers and while a young man has progressed with such rapidity in his chosen profession that he stands among its distinguished representatives in the northwest.


IRVING R. DAVIS.


Irving R. Davis, assistant corporation counsel of Spokane and one of the younger representatives of the bar of eastern Washington, was born at Maynard, Iowa, March 12, 1883, a son of William and Helen Josephine (Wells) Davis. He was educated in the common schools of Maynard, in the graded schools of West Union, Iowa, in Grinnell (Iowa) Academy and in Grinnell College, from which he was graduated with the Ph. B. degree, after which he became a student in the University of Washington. Having thus studied law, he took the bar examination and was ad- mitted to practice at Olympia in the spring of 1909. He then entered upon the active work of his profession in Spokane in connection with his brother, Arthur W. Davis, under the firm style of Davis & Davis, and thus continued until March, 1911, when he was appointed assistant corporation counsel. He is regarded as one


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of the rising young lawyers of Spokane and he also has important business interests in the northwest, having made investment in the Green Mountain Gold Mining & Milling Company of Tyson, Idaho, of which he is secretary, and also fills the office of secretary with the Caro Investment Company, owning outside city property.


Mr. Davis holds membership with the Modern Woodmen of America, also with the Chamber of Commerce, and his religious faith is indicated by his membership in the Pilgrim Congregational church. In more strictly professional lines he is connected with the Bar Association of Spokane.


THOMAS NEWLON.


Thomas Newlon, who was one of the pioneers who came to Moran Prairie in 1866, was born in Illinois, November 7, 1831, his parents being S. and Nancy (Wilson) Newlon, both now deceased. After completing his education in the public and high schools in his native state at sixteen years of age he engaged in the cattle business until he crossed the plains in 1852, going first to Oregon. He started upon this trip on the 15th of April and reached The Dalles on the 15th of August. After remaining there for a short time he went to California but soon returned and made The Dalles his place of residence for the following three years. Thence he removed to Walla Walla, Washington, and subsequently to Orofino, Idaho. After spending three years mining in that region he returned to Walla Walla and lived on a farm near there until 1865, when he purchased a boat and started a ferry at Riparia, which he operated successfully for a year. He then came to Spokane county and after building a cabin for himself he constructed a bridge above Trent before going back to the Snake river. He soon returned to his bridge and remained in charge until he disposed of it in 1868, the year in which he made a trip to Libby creek. But, not desiring to remain there, he went back to Montana and until 1872 actively engaged in mining operations. In the fall of that year, however, he returned to Spokane county and followed the carpen- ter's trade for a short time before building a ferry boat at Spokane bridge. This venture seemed opportune as Cowley's bridge had shortly before fallen in. At one time he was also engaged for a summer as mail carrier between Fort Johnson and Fort Dalles, Oregon, this occupation having afforded him many wild and thrill- ing experiences with the Indians. These various undertakings had proved rather successful but Mr. Newlon desired to engage in some occupation which would give him opportunity for life's work and he took up a homestead of one hundred and sixty acres on Moran Prairie, where he has since resided. It has all been brought under a state of cultivation and thirty acres of it is planted to fruit trees, his being one of the finest orchards in this section. He has always devoted the greater amount of his time and attention to fruit-raising and has become one of the most successful and authoritative fruit growers in Moran Prairie. Being one of the oldest residents of the county, he has been a witness of its development and, be- ing of an energetic and industrious nature, he has contributed his share to its improvement.


In June, 1875, Mr. Newlon was married at Colfax to Isabelle Kirby, who is rightly called one of the pioneers of Spokane, having arrived there in 1872 when


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there were only five inhabitants in the town. To this union three children have been born: Olive, deceased; Guy, who married Marguerite Acton; and Laura. Well known in this county where they have resided from pioneer times, Mr. and Mrs. Newlon well deserve representation in this volume, for their social qualities have made them many friends, while the agricultural success of Mr. Newlon is most creditable and enviable and has won for him the title of a good and substantial citizen.


HON. LEANDER HAMILTON PRATHER.


As an able attorney, as judge of the superior court and as one of the prom- inent representatives of the people's party Hon. Leander Hamilton Prather has become widely known in Spokane and throughout the Inland Empire. He is now devoting his attention to the private practice of law and the careful regard evinced for the interests of his clients and an assiduous and unrelaxing attention to all the details of his cases have brought him a large business and made him very success- ful in its conduct. Early environment and inherited tendency may have had some- thing to do with his selection of a life work, but in his native talent and acquired ability are found the secret of his continuous advancement at the bar. He was born in Jennings county, Indiana, October 25, 1843, his parents being Hiram and Mary (Huckleberry) Prather. His father was an attorney at law, who also had agricultural interests and was prominent as a political leader in his state, repre- senting his district in both the house and senate of the Indiana legislature.


Leander H. Prather's interest in the law and its interpretation was early aroused and with the completion of his literary course he at once directed his energies to the mastery of legal principles. He had been a pupil in the public schools of his home town and in the Vernon (Ind.) Academy, which he entered with the intention of further continuing his studies at Asbury University in Green- castle, Indiana. With the outbreak of the Civil war, however, all further thought of school days was put aside and on the eighteenth anniversary of his birth he enlisted as a private of Company I, Sixth Indiana Infantry. He was afterward promoted to the rank of first sergeant of Company B, One Hundred and Thirty- seventh Indiana Infantry, and subsequently became second lieutenant of Com- pany I, One Hundred and Fortieth Indiana. He was next detailed as chief of ambulances of the Third Division of the Twenty-third Army Corps and when mustered out, July 11, 1865, was acting assistant quartermaster on the staff of General Carter.


When the war was over Judge Prather at once resumed his studies, entering Asbury University, where he completed a three years' classical course. His prep- aration for the bar was made in the office of his brother Colonel Allen W. Prather, of Columbus, Indiana, and in May, 1868, he was admitted to the bar at Columbus, where he engaged in practice for a year. He was afterward located for a brief period in Fort Scott, Kansas, and in 1871 opened a law office in Huntsville, Ar- kansas, where he followed his profession until 1879 and also acted as superintendent of schools for that district, which then embraced six counties. During a period of three years he resided in Abilene, Kansas, and then removed to Leadville, Colo-


LEANDER H. PRATHER


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rado, where he spent the succeeding two years in the practice of law. In Feb- ruary, 1884, he came to Spokane and was superintendent of schools during the first two years of his identification with this city. He was also appointed during that period as a member of the territorial board of education by Governor Squires and acted in that capacity for two terms.


On again taking up the active practice of law Judge Prather soon demonstrated ยท his ability to successfully cope with the complex and involved legal questions and enjoyed a large practice until his election to the bench as judge of the superior court, entering upon the office on the 1st of January, 1897. He was elected as the candidate of the people's party, of which he has been an ardent and influential champion for many years. In 1901, when a third judgeship was created, he was appointed by Governor John R. Rogers to fill that position until the regular election should be held and on this occasion he received the following letter from the Governor with the appointment:


January 29, 1901.


Hon. L. H. Prather,


Spokane, Washington.


My dear Judge :---


It gives me pleasure to enclose to you the within appointment.


I am glad to be able to appoint a man in whom I have entire confidence.


Yours very truly,


J. R. Rogers, Governor.


January 29, 1901.


Hon. L. H. Prather,


Spokane, Washington.


My dear Sir :----


You are hereby appointed a Judge of the Superior Court of the State of Wash- ington, for Spokane County, until the next general election to be held in the State of Washington in the year nineteen hundred and two, and until your successor is elected and qualified.


This appointment is made under the provisions of an Act approved January 28, 1901.


Enclosed please find oath of office which exccute and file in the office of the Secretary of State.


Yours very truly, J. R. Rogers, Governor.


He has great respect for the dignity of judicial place and power and no man ever presided in a court with higher regard for his environment than did Judge Prather. As a result of that personal characteristic the proceedings were always orderly upon the part of everyone-audience, bar and the officers from the highest to the lowest. His opinions were fine specimens of judicial thought, always clear, logical and as brief as the character of the case permitted. Since his retirement from the bench Judge Prather is giving his attention wholly to the practice of law


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and his varied legal learning and wide experience in the courts, together with the patient care with which he ascertains all the facts bearing upon every case, are among the salient features of his success giving him higher standing as a repre- sentative of the legal profession.


In August, 1889, Judge Prather took up the cause of about five hundred fam- ilies, who had settled in a part of Spokane called "Shanty-town" and excerpts of the following letter, which he prepared for publication in the Chronicle and which on further thought, he omitted to send to that paper, will explain the facts and something of which he undertook to do, to save the property of the five hundred or more families who had located on this land. This case is known as the "Shanty- town Case."


"The grant of land to the Northern Pacific Railway Company was of odd sec- tions of land on both sides of its track, and was to take effect at the time of the final and definite location of the road, which was on the 4th day of October, 1880, so far as the said land was concerned. All lands then claimed by a competent entryman, which claim could ripen into a patent, were excluded from the opera- tion of said grant. On that date and for many years prior thereto, Indian Enoch was located on said land, being the NW. one quarter of Section 19, Tp. 25, N. of Range 43, EWM, and during all said time was entitled to homestead said land under the Indian Homestead law, which was enacted in 1875 and in 1879 went to the U. S. Land office at Colfax, Washington, to make his homestead entry of the same, but was refused the right because the land officers there said that said land was railroad land. He then came back and continued to reside on said land and refused to leave it until the said railroad company, in 1882, pretended to buy his land for the sum of $2,000, when Indian Enoch gave the company a deed for the land and moved off and abandoned it. It will be seen that said Indian was living on said land on the 4th day of October, 1880, claiming it as his homestead, having a homestead right, the same as any other squatter on government land having a right to enter the same; and it also appears and is made plain that his said occu- pancy and claim of said land excluded it from the operation of said grant, and that when the Indian abandoned it, it was still government land, and remained such, the railroad company having no more right to buy it of the Indian than you or I would have to buy government land from an Indian. In fact, the pretended purchase of said land from said Indian by said company was a confession that it was not railroad land.


"Knowing these facts many families moved onto said land, believing it to be government land, subject to entry by them under the Townsite act. In August, 1889, there were about three or four hundred families, or about fifteen hundred people settled on said land, claiming the same under said act, and I was employed as their attorney to petition the Secretary of the Interior to be allowed to enter said land under said act, which allowed two lots to each competent entryman, and I then so petitioned the Secretary, setting up all of said facts, and asked that these people be allowed to enter said land under said act. The petition was before the Secretary, due service thereof having been made on said company, until March, 1890, when the Secretary held and so notified the said company and the said settlers, that according to the facts stated in said petition the said settlers were entitled to enter said land under said act, and ordered a hearing as to said facts before the local land office in Spokane at a time to be fixed by said office. This


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decision made all said settlers happy, and they thought that they were about to become beneficiaries of the government's liberal benevolent disposition of its lands as well as the Northern Pacific Railway Company. Their wives and children were glad, and I was glad, too. We all had a great meeting congratulating each other on the good fortune in store for them.


"But the railway company moved the Secretary of the Interior for a review of his decision and the hearing was set for the 20th day of April, 1890, before the Honorable Secretary of the Interior at Washington, D. C. It became my duty to go to Washington to argue said motion for review, and the settlers raised the sum of $200 to pay my expenses on said trip. I went. When I appeared before the Secretary on said occasion, there I met our two United States Senators, Wat- son C. Squires and John B. Allen, and our member of Congress, John L. Wilson, and a committee of five bankers from the city of Spokane, all of whom were advising with and assisting J. H. Mitchell, Jr., son of Senator Mitchell of Oregon, who was then attorney for the western division of said road and James McNaught, the at- torney general of said road. I was depending on the law of the case, which only could rightly and legally be argued on a motion for review, but there I found ex parte affidavits from divers persons to me unknown to the effect that the Indian had never abandoned his tribal relations, which was a question of fact, not to be heard on a motion for review, but before the local land office only, the same as any other question of fact alleged in the petition. I was confident in believing that, in- asmuch as the facts alleged in the petition with no other influence had induced the original decision. There was no additional argument in the presence of the senators, the representative and the bankers, and I came back to those settlers with that belief. Within a month after said hearing the Honorable Secretary of the Interior, Mr. John N. Noble, rendered his decision to the effect that Indian Enoch had not at any time abandoned his tribal relations and hence was not a competent entryman, and therefore the land passed by the grant to the Northern Pacific Railroad Company, and the settlers were moved off under the state restitution act which was passed by the legislature of the state in March, 1890.


"This case is entitled 'E. R. Spicer and others vs. The Northern Pacific Rail- way Company,' and the papers and all the public proceedings in it are on file in the office of the Secretary of Interior.


"Now, I have told all I know about the case, and I know for myself that it re- ceived my best attention, and that I did everything I possibly could do to get for said settlers the right to enter said land; and that I did nothing to the contrary. Contemporaneous discussions of the case may be found in the daily papers of the dates referred to. The land in question lies south of Sprague avenue and west of Division street in the city of Spokane.


"Respectfully, "L. H. Prather."


On the 6th of May, 1879, at Little Rock, Arkansas, Judge Prather was mar- ried to Miss Edna Letcher Rice, a daughter of Judge Milton L. and Catherine (Cronly) Rice, of that city, and a direct descendant of the famous Letcher family of Virginia and Kentucky, which included Robert Letcher, at one time governor of Kentucky and afterward minister to Mexico. Judge and Mrs. Prather have be- come parents of three daughters and two sons: Rose, now the wife of Adrian P.




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