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 63
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the business of his court permitted he held court in the western district and also in Idaho, Montana and California, being called upon to hear and decide upon as great a variety of cases as arose in any district, many of them being quite as important and presenting most intricate and difficult questions. A contemporary biographer, writing of his judicial record, said: "He presided at the trial of Senator Borah in Idaho and decided the first insurance case growing out of the great earthquake which destroyed so large a part of San Francisco. This was the case of Baker and Hamilton versus the Williamsburg Fire Insurance Company (157 Federal Reports, 280), wherein it was held that the clause in the company's policy on which the company relied to exempt it from loss on account of earthquake could exempt it only when the earthquake was shown to be the immediate, direct and proximate cause of the fire, which had not been proven. Shortly after his appointment to the bench he was called upon to decide a matter of curious interest in Montana. A soldier named Tully had been indicted in the state courts for the murder of a fellow-soldier on the military reservation near Missoula. His counsel had excepted to the juris- diction of that court on the ground that the offense, if any, had been committed on a military reservation, over which the federal court bad exclusive jurisdiction. The plea was overruled and the trial proceeded. The prisoner was found guilty and sen- tenced to be hanged. The case was subsequently taken to the supreme court of the state, which sustained the contention of the defendant in regard to the jurisdiction of the lower court and gave him his liberty. He was then indicted in the federal court, where his counsel pleaded that the reservation was not a place 'purchased by the consent of the legislature of a state for military purposes,' and therefore not within the exclusive jurisdiction of the federal court. Judge Whitson held that his court was not bound by the decision of the supreme court of the state in a matter that it ought to determine for itself and upon reviewing the history of the reserva- tion found that it was not such a one as the constitution contemplated should be under the exclusive jurisdiction of congress, and therefore his court was without jurisdic- tion to try the prisoner at the bar. (140 Federal Reports, 899). In pronouncing this reluctant decision the court said: 'It is unfortunate that a murderer should go unwhipped of justice but it would be yet more unfortunate if any court should as- sume to try one charged with a crime without jurisdiction over the offense. In this case, in the light of the verdict of the jury in the state court, we may assume that justice would be done the defendant were he tried and convicted in any court, and executed pursuant to the court's judgment. But in this court it would be the justice of the vigilance committee, wholly without the pale of the law. The fact that the de- fendant is to be discharged may furnish a text for the thoughtless or uninformed to say that a murderer has been turned loose upon a technicality; hut this is not a technicality. It goes to the very right to sit in judgment.'
"In another criminal case in his own district Judge Whitson was called upon to pronounce on the constitutionality of an act of congress making it a criminal offense to violate any rule or regulation instituted by the secretary of the interior for the protection of forest reserves. This provision was contained in the sundry civil appropriation bill of June 4, 1897. Subsequently a sheep owner named Mathews had violated one of the regulations made after the act became law, and had been indicted therefor. The case presented the curious condition that the defendant was brought into court charged by a criminal offense which was not described as such by any statute or enactment of any legislative body. He was charged solely with
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violating a regulation made by an administrative officer and while congress had de- clared that the violation of such regulations, when made, should constitute a criminal offense, the court held that this was an attempt to delegate legislative authority that was wholly unwarranted by the constitution and therefore void. (146 Federal Reports, 306.) The defendant could not have found the offense with which he was charged described in any statute of the United States and he could not be tried or convicted for pasturing sheep in a forest reservation without a permit in violation of a regulation made by an administrative officer when the offense was not pro- hibited by any statute of the United States. The case attracted wide attention at the time and was very generally discussed.
"The case of the Spaulding Manufacturing Company versus Evenson was one of particular interest to the merchants of eastern Washington. The complaining company was engaged in the manufacture of wagons, buggies and vehicles of vari- ous kinds in a foreign state, and sold its product through its own agents, who traveled through the country with teams, taking with them samples of the goods offered for sale. This interfered with the business of the agents of other manu- facturers who maintained salesrooms in the various towns but did not travel about the country soliciting business. These agents were members of the Inland Em- pire Hardware Dealers' Association, and together with their associates, some of whom were in no way affected by the traveling salesmen, formed a special com- bination which they called 'the Peddlers Association' and which employed men to follow the Spaulding salesmen and by persuasion and such other means as they could employ prevent farmers and others from buying their wares. It was even claimed that they carried weapons and resorted to threats where arguments were not effective. The company applied for an injunction to restrain such interference with its business. A temporary injunction was first granted upon the showing made by the complaining company and in making it permanent the court said that the acts complained of were 'not competition or intended as such but to suppress competition by destroying complainant's lawful business; that they were done pur- suant to an unlawful conspiracy between persons, some of whom were not even competitors, to interfere with complainant's lawful right to carry on its business.' The defendants were therefore restrained from. pursuing the methods complained of for the purpose of preventing sales by the agents of the company but left free to canvass the district for the sale of similar goods made at other factories, should they so choose. (149 Federal Reports, 913.)
"In United States versus Great Northern Railway (145 Federal Reports, 438) it was held that all the cars used by a railroad company engaged in interstate com- merce must be equipped with safety appliances, such as automatic couplers, as re- quired by the act of congress, although the defendant company contended that only the cars so used were required to be so equipped. This was one of the earliest cases upon the subject and was of unusual interest to trainmen employed on all railroads doing an interstate business, since, being accustomed as they are, to cars equipped as the law requires, if they should come upon one not so equipped. par- ticularly at night when they would not be able to see readily that the safety appli- ances they were accustomed to depend on, were lacking from some car, they might lose their lives or be seriously injured because of such absence, while if not de- pending on them they would escape injury.
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"The case of United States versus Moore (54 Federal Reports, 712) involved the right of an Indian to sell the land granted to him by act of congress and in pur- suance of an agreement made with Chief Moses and others by agents of the gov- ernment. This agreement did not contain any stipulation in regard to the author- ity of the Indian to sell the land so granted, either by reference to the treaty with the Omahas, as in the treaties made by Governor Stevens, or otherwise. The In- dian office, however, assumed that the provisions of the general allotment act of 1887 applied in the case and an attempted sale made by the grantee to Moore was contested. Judge Whitson held that in the absence of express language in the treaty, providing a restriction of the right to alienate title, the understanding of the Indian in regard to the matter must be taken into account, and as the Indian clearly understood that he was to receive full title, his attempted sale and con- veyance must be declared good. The case, however, was reversed upon appeal to the supreme court, which sustained the contention of the department.
"The suit of the board of trustees of Whitmay College versus Berryman et al., (156 Federal Reports, 112) involved a question of jurisdiction as well as the main question, which was as to whether certain property owned by the college but not used exclusively for college work was taxable. The defense contended that the amount of the tax claimed was not sufficient to give the federal court jurisdiction, being less than two thousand dollars, but the court held that the amount claimed for a single year only was not the whole sum involved, and heard and determined the case. In the opinion rendered the history of the college charter and its several amendments was carefully reviewed and the contention of the trusteees that all the property of the corporation was exempt from taxation was sustained. Opinions in interesting or important cases, written by Judge Whitson, in addition to those men- tioned, are to be found in most of the thirty-seven volumes of the Federal Reports published since he went on the bench. Noteworthy among them are those in the cases of Morris versus Bean (146 Federal Reports, 423) ; Blowers & Company ver- sus Canadian Pacific Railway Company (155 Federal Reports, 535) ; Potlatch Lumber Company versus Spokane Falls & Northern Railway Company (157 Fed- eral Reports, 588) ; Phipps versus Oregon Railway & Navigation Company, (161 Federal Reports, 367); United States versus Wells et al., (163 Federal Reports, 313); In the matter of Meakins (164 Federal Reports, 334); In the matter of Cameron (165 Federal Reports, 112) ; Boyd versus Northern Pacific Railroad Company (170 Federal Reports, 9) and others."
On the 3d of September, 1885, Mr. Whitson was united in marriage to Miss Leora Nellie Bateman and they became parents of two daughters, Clara B. and Marian L. The former is now the wife of Earl B. Crane, of Spokane, a son of George T. Crane; and the latter the wife of Lieutenant Harold Jones, United States navy. The family circle was broken by the hand of death when Judge Whitson passed away at his home, in this city, October 15, 1910, his demise being the occasion of deep and wide-spread regret among his professional colleagues and contemporaries, and to the public in general, for he was recognized as a man of genuine worth who held to high ideals of manhood and of citizenship. His political allegiance was given to the republican party and he was an active worker in its ranks before going upon the beneh. He always fully maintained the dignity of his position and his decisions indicate a strong mentality, careful analysis, a thor- ough knowledge of the law and an unbiased judgment. In his own home or in so-
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cial relations he was known to be a man of kindly spirit and of broad sympathy. He never looked at life from any narrow nor contracted view but at all times sought to make his work and his interests serviceable factors in the progress and upbuilding of the community.
LOUIS HENRY HOUCK.
One of those who occupy a prominent position in the commercial activities of Cheney is Louis Henry Houck, who for the past nineteen years has been conducting a general mercantile business here. He was born in Tiffin, Ohio, on the 19th of Au- gust, 1861, and is a son of John and Mary (Brickner) Houck. The father was a pioneer leather merchant of Tiffin and one of the very early settlers, the town con- taining but thirty-eight houses when he located there. Both parents are now deceased, the father having passed away in 1896 and the mother in 1898.
Louis Henry Houck attended the common schools of his native state until he had attained the age of twelve years, in the acquirement of an education. He then laid aside his text-books and began his commercial career, his first position being a clerk- ship in a store in Tiffin, where he was employed until he was twenty. The remark- able stories he heard of fortunes that had been made in a short time in the west, aroused in the young man a desire to pursue his business career in a virgin country, so in 1881, he came to the Pacific coast. He first located in California, where he clerked in a general store for six months, whence he came to Portland, Oregon. Four months later he settled in Monroe, Benton county, that state, and established a general mercantile business that he conducted for three years. His next removal was to Spokane, Washington, where he worked in a general store until 1892, when he came to Cheney and established the business he has ever since been successfully operating. Mr. Houck occupies a good location in the commercial district of the town and has an attractive store. He carries a very large and carefully selected stock of goods to meet the varied tastes of his customers and has a well established patronage. His success has not been at all phenomenal in any sense of the word, but the result of foresight, clear judgment and intelligently directed efforts. He has extensive mining interests in the vicinity of the international line, that he feels confident will ultimately yield heavy dividends. During the long period of his residence in the state he has acquired large property interests and owns and platted the town of Cal- vert, located fourteen miles south of Cheney, on the Spokane, Portland & Seattle Railroad, where he is also conducting a general store. He has always been promi- nently identified with the promotion of the various public utilities and enterprises of the town and is one of the directors of the First National Bank. A man of much force of character, energy, and determination of purpose, he is well adapted to pioneering, as has been manifested by the record he has made since settling in Cheney.
Tiffin, Ohio, was the scene of the marriage of Mr. Houck to Miss Ida M. O'Brien, the event being celebrated on the 10th of July, 1885. Mrs. Houck is a daughter of William S. O'Brien, the manufacturer of the well known wagons bearing his name. Of the marriage of Mr. and Mrs. Houck there have been born two children, Jay William and Mary.
L. H. HOUCK
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The family are communicants of the Roman Catholic church, and Mr. Houck is a member of the Knights of Columbus. His political allegiance is given to the re- publican party, and he has always taken an active and helpful interest in all munici- pal affairs. He has five times been elected to the mayoralty chair, which fact in it- self bespeaks the efficiency of his service and the public regard he is accorded, while for twelve years he has been a member of the town council, and far three years he was president of the school board. Mr. Houck is one of those men, who despite the exactions of their private interests always find time to discharge their duties to the municipality. He is an enthusiastic citizen and takes an active interest in the work of the Chamber of Commerce of Spokane, of which he is a member, and also of the Commercial Club of Cheney. His indorsement can always be depended upon in forwarding any movement of public interest, his cooperation and support at all times having been freely accorded in promoting the development of the community along lines pertaining to the general welfare.
MARTIN C. HUNTER.
Martin C. Hunter, president of the M. C. Hunter Company, dealers in real estate, loans, rentals and insurance, has throughout his entire connection with the business interests of Spokane been recognized as a man of exceptional administrative ability and has won a good degree of success because of his superior qualifications, his unremitting application and his keen business discernment. He was born in Eureka, Illinois, in 1866, his parents being William H. and Margaret Hunter. The father was a merchant of Eureka and his death occurred in that town in July, 1910. The mother is residing in Spokane.
At the usual age Martin C. Hunter became a public-school student in Eureka and, having mastered the branches which constituted the curriculum there, he engaged upon his independent career, his first employment being as telegraph operator for the Toledo, Peoria & Warsaw Railroad at Eureka. He was with them for two years, resigning on account of ill health in 1887. He immediately came west and was employed as telegraph operator for the Northern Pacific Railroad at different points on the Idaho division, acting in that capacity from January 28, 1887, until July 1, 1888, when he was transferred to the superintendent's office at Sprague, Washington. In that place he served as telegraph operator until July 21, 1890, the date of his promotion to maintenance-of-way clerk in the superin- tendent's office. He held that position until December 3, 1894, when he was trans- ferred to Spokane as cashier of the freight office. His ability again asserted itself and speedy promotion followed, this time to the office of chief clerk on the 1st of April, 1896, in the Spokane freight office. He remained in that position until Sep- tember 23, 1902, when he resigned from railroad work. His report from the Northern Pacific Railroad Company at the time of his resignation recites his va- rious promotions and ends by saying "conduct and services entirely satisfactory." During his service he worked his way upward through successive promotions with increasing responsibilities and became very familiar with the business in all of its departments. He became thoroughly imbued with the progressive spirit of the west, such as his connections with a constantly expanding railway company might stimu- Vol. II-30
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late, and it has been manifested throughout his business career. After severing his connections with the Northern Pacific Railway he engaged in the real-estate business in Spokane, in partnership with George P. Cragin, under the firm name of Cragin & Hunter. This firm continued until 1905, when they disposed of their business, and in July of the following year Mr. Hunter organized the corporation of the M. C. Hunter Company, M. C. Hunter being president, F. H. Hunter, vice president, and Fanny Aaron, secretary. They engage in a general real-estate, loans, rentals, insurance and investment business, making a specialty of city property. They carry on an extensive rental business as well as being heavy dealers in city prop- erty. Their large clientele attests their recognized ability and Mr. Hunter is con- sidered one of the ablest and most conservative valuators of real estate in Spokane.
In 1889 Mr. Hunter was married to Miss Mamie Allen, of Eureka, Illinois, a daughter of Dr. J. M. Allen, of Eureka. While a resident there Dr. Allen was connected for thirty-five years with Eureka College, a part of the time serving as its president. After he moved to Spokane he served as pastor of the Central Christian church and afterward as pastor of the Dean Avenue Christian church. His death occurred in 1906. To Mr. and Mrs. Hunter three children have been born: Margaret, whose birth occurred in 1892; Leroy, born in 1894; and Russell, who was born in 1896. Mr. and Mrs. Hunter reside at No. 1923 Broadway and their social qualities have won for them the high regard and admiration of those with whom they come in contact.
HEINRICH GUTHERZ HAWKINS.
Heinrich Gutherz Hawkins, proprietor of the only exclusive electric automobile shop in Spokane, was born in Aurora, Illinois, on the 3d of March, 1879. He is a son of William D. Hawkins, who died in 1909, and his wife, whose maiden name was Anna Gutherz. The mother, who is still living, was born in Switzerland, whence she emigrated to the United States at the age of nine years with her par- ents who located in Tennessee. There she was reared and educated, developing into a woman of rare charm and attractiveness and during the Civil war was known as one of the belles of Tennessee. His father was a captain in the Second Illinois Volunteer Regiment in the Union army, while two of his mother's brothers fought on the Confederate side.
When he was still in his early childhood the parents of Heinrich Gutherz Hawkins removed to St. Paul, Minnesota, where at the usual age he began his education. He completed his grammar-school course in New York city, and subse- quently spent one year in the high school of St. Paul. He then terminated his student days and laying aside his text-books found his first employment in the general offices of the Chicago, Great Western Railroad Company in St. Paul, but the company later stationed him at St. Joseph, Missouri, whence he was trans- ferred to Winnipeg, remaining there until 1903. In the latter year they sent him to Spokane as general agent in charge of the freight and passenger business, where he continued in their service until the 1st of July, 1910, a period of sixteen years in all. Not feeling satisfied to remain an employe always he then resigned his position and became associated with R. M. Skidmore in the automobile business.
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Eighteen months later Mr. Hawkins purchased the interest of his partner and on February 1, 1912, Mark D. Hawkins, a brother, joined him in the business as a partner. Although the enterprise has been in existence less than two years it is becoming very well established and gives every assurance of proving to be a lucra- tive undertaking. Mr. Hawkins has the agency of the Baker Electric and is main- taining the only exclusive electric automobile establishment in the city.
At St. Joseph, Missouri, on the 29th of June, 1904, Mr. Hawkins was united in marriage to Miss Helen Lyon, a daughter of David C. and Mary Lyon, and unto them have been born four children: Helena Ann, Heinrich G., Jr., David and Mark Flower.
The parents are communicants of the Episcopal church, in the faith of which they are rearing their family, and attend All Saints' cathedral. Mr. Hawkins is also a member of the Country Club and has been chairman of the sports committee for the past five years. In politics he is independent giving his indorsement to such men and measures as he deems best qualified to protect the interests of the majority.
MAURICE H. HARE.
Maurice H. Hare, cashier of the Bank of Commerce, at Wallace, Idaho, was born in Greensburg, Pennsylvania, on the 11th of June, 1868, a son of Felix N. and Anna E. (Cochrane) Hare. They were both natives of Pennsylvania and descendants of prominent and well established families of that state. The mother's death oceurred in 1898 and the father is residing in Lima, Ohio. They became the parents of six children, Charles V., Paul E., Olive Fitch, Helen Powell, Katherine and Maurice H.
Until he was thirteen years of age Maurice H. Hare was reared and educated in his native state. At that early age he determined to start out independently and earn his own livelihood. He accepted employment in various lines of work in the oil regions for several years. During this time he constantly kept in mind the fact that if success was to be his, industry, constant application and unremit- ting energy were necessary. Because he had to leave school at an early age he continued his studies independently, devoting those hours which are usually termea leisure to the acquirement of additional knowledge and information on various subjects of interest and advantage. He took up the study of telegraphy and fol- lowed it almost constantly until his aeeeptance of his present position in 1902. After his arrival in the west in 1888 he was engaged as cashier in the Northern Pacific offices at Coeur d'Alene, Idaho, as auditor in the Spokane office and agent of the Spokane Falls & Northern Railroad. He was thus engaged until 1892. In that year he went to Michigan and was agent for the Chicago & West Michigan Railroad at Charlevoix and Petosky for five years. He continued his career in railroad offices by accepting a position in the superintendent's office of the Northern Pacific in Missoula, Montana. Later he was agent at Burke and at Wallace for more than three years. In the various positions which he has held he has shown efficiency and a high regard for the duties of his employers and associates. While his aim has been to advanee and promote his own position, he has also taken morc
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