USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. I > Part 32
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a citizen. He also undertakes to observe all due fidelity to the courts in which he may practice. His license is a special and valuable privilege which makes him a prominent character in the community in which he lives, and leads to his being made the trusted counselor of persons in other occupations as well as of the public authorities. His advice, thoughtfully given, tends to prevent controversies and dissensions in the community, having their origin in different views of legal rights, and he may be influential in calming passionate excitements and keep- ing the wheels of industry moving peacefully and prosperously where otherwise mischievous counsels might prevail. The power to be this useful imposes upon him duties and obligations special in their nature and quite beyond those which rest upon persons in other employments." Further on Judge Cooley points out that a lawyer may more effectually support the constitution and laws "by assisting to build up a public sentiment that shall constitute an impregnable bulwark against those who, either through malice or ignorance, or with revolutionary pur- pose, assail them, than it would be possible for him to do by personal service as a soldier or by physical assistance in the suppression of rebel- lion or of domestic disorder."
This portrayal of the place of a lawyer in the community is not over- drawn, and the words of that great jurist may well awaken a spirit of pride in the profession and of emulation in extending its usefulness. The statistics which are often cited, showing the proportion of lawyers in the work of constitution-making, of legislation and in great popular movements, are neither so interesting nor so convincing as these sug- gestions which bring to the mind of each member his experience in home affairs, and in which he can recognize a primary and important sphere of usefulness, hand in hand with his professional work. To be at the front in creating and fostering healthy sentiment and in defeating harmful movements it is not necessary to become a politician or to en- gage in general politics, although he may incur greater temptations to that line which so often proves the bane of good professional work; his avoidance would rather tend to strengthen his influence in non-par- tisan matters. This work does not demand the sacrifice of legitimate retainers, but it does require a constant fidelity to the constitution and to the courts as paramount obligations .. Although great ability, learn- ing or eloquence may be valuable aids, they are not essential. There is room and work for all, and the duty rests with each to perform his part
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in advancing the public good. His part must be directed by honest purpose and conscientious regard for his professional oath.
To retain the profession in this standing of influence and trust no effort must be slighted which tends to strengthen and improve it. The fact that it has so well preserved its honor and dignity, while its mem- bership increases with great rapidity from year to year, is matter for congratulation and pride, but we must not close our eyes to the dangers which threaten from this influx, in the tendency to strife for retainers; to servility and pandering to popular clamor; to giving sup- port to causes without merit, for profit or notoriety, and in disregard of the oath of fidelity to the courts. An impression is current that the profession is receiving in large and increasing numbers an inferior and demoralizing class of seekers and practitioners who are lowering its quality, but I am well satisfied that they are not numerous with us; that the Uriah Heeps are rare exceptions, and although they may infest the ranks occasionally their stay is short-lived and mainly in the great cities. With us the young men who are struggling into place come with good professional tone, or they rapidly assimilate that which they find for their environment, and the high professional standard seems to hold unimpaired. The purposes of this association are well defined to aid in upholding that standard. Against the lowering tendencies which must creep in it can exercise unity of watchfulness, counsel and ex- ample; its members individually are the outposts and picket line to guard and to give warnings, and by their collective wisdom they must give support to each other and devise ways and means for the general protection and preservation. Such is the aim and the function of this association. No other has a field of greater importance or higher no- bility for its work. It can and should do much in fulfillment of the promises of its constitution, and so doing will prove a boon to the pro- fession and of material benefit to society and the state.
In outlining objects which seem desirable of accomplishment I have not found serious difficulty, and so far as it has been extended there may not be, within our membership at least, much difference of opinion, ex- cept for omissions, and perhaps as too optimistic. But in coming to the suggestion of means to the end sought, the difficulties are overwhelm- ing in detail and in contingencies, and there is so much of the prob- lematical that I am deterred from any attempt at solution, and must leave that important subject for your future treatment, calling attention
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only to a few patent defects in operation. A first essential is your earnest and persistent cooperation and activity. Your meetings should be held annually without fail, and should be provided with addresses, reports and discussion upon live topics of interest to the profession. They should enlista general attendance of members, and every proper en- couragement should be extended for an increase of membership to make the association truly representative of the bar of the state and of every section. Your president and officers should be elected from the active practitioners, bringing to their work the enthusiasm and the strength which come from the contest and the intimacies of the legal arena, and I venture a suggestion that rotation in office would be advisable. The all-important matters of the qualification to be required for admissions to the bar and of enforcing compliance with the duties and conduct thereby imposed, after admission, should have your constant attention and care. We are fortunate that legislation is not restrained here as it is by constitutional provision in some sister states whereby the gate- way of admission is practically open to all. For example, it was re- marked recently by one of my colleagues on the bench that in Indiana the constitution provided that any citizen of lawful age and good moral character was entitled to admission to the bar, being the same qualification which is there also prescribed for a license to dispense liquors in a place termed "a bar" in the vernacular. I believe great good has come from our system of state commission for all examina- tions for admission, aside from the certificates of graduation in the law department of the university. Your recommendations for any im- provement would undoubtedly be well received and considered. I have heard it suggested that a requirement for admission to the full privileges of the law department of the university might well be based upon a graduation from some stated school or course which would assure some degree of general qualification .. It may well be considered whether a definite term of study in a law office, either before or after graduation, would not be the more just and effective artificial standard for admission. No reflection must be implied out of these passing remarks against the excellent work which is accomplished in the law school, the invaluable quality of that work being attested by the high professional standing of many of its graduates.
CHAPTER XI. THE MILWAUKEE BAR ASSOCIATION.
BY C. I. HARING.
Closely associated with the history of Milwaukee is that of the Mil- waukee barassociation. Priorto 1858 there were many lawyers engaged in active practice, a number of whom were educated young men, gradu- ates of eastern colleges who had chosen Milwaukee as their home, and during their active professional career in this city did much to improve the jurisprudence of Wisconsin, and for many years took an active in- terest in every enterprise affecting the interests of that city and the state. These public spirited members of the bar are entitled to much more credit than is usually accorded to them. The records of our supreme court are enriched by their most careful work; on the bench, at the bar, in the legislative halls, in the city council and in the business world they have acted well their parts. In the earlier days a much more fraternal and social spirit obtained among the lawyers of Mil- waukee and a much more public spirit was shown by them than appears to exist at the present time.
The original records of the association disclose many evidences of this public spirit. It appears from the original minutes now in the hands of Mr. C. I. Haring, the present secretary of the association, that during the month of May, 1858, a committee was appointed to procure the passage of an act for the incorporation of a library association. At an adjourned meeting of the association of the bar of Milwaukee, held May 23, 1858, this committee reported their success by presenting a copy of a bill certified by the secretary of state to be a true copy of an act to authorize the incorporation of law schools and law library associa- tions, which had been passed by the legislature of that year, and is now known as chapter 126 of the laws of 1858. This law authorizes the incorporation of law schools and law library associations by any num-
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ber of persons not less than nine; such incorporation shall have per- petual succession and shall have and enjoy all the privileges, franchises and immunities incident to a corporation, and shall be capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places in any and all manner of actions, suits, complaints, matters and causes whatsoever. They may make, have and use a common seal, and alter, break, amend and renew the same at pleasure, etc.
Acting under this general law and for the purpose of organization, a meeting of the association was held shortly thereafter, and the fol- lowing named members of the bar were named as a committee to execute a proper testimonial:
Edward G. Ryan, Nelson Cross, John B. D. Cogswell, James S. Brown, Norman J. Emmons, Ammi R. R. Butler, Jonathan E. Arnold, Otis H. Waldo and Henry L. Palmer.
On October 23, 1858, these members of the committee presented to the bar association a written testimonial of incorporation of the Mil- waukee law institute with a capital stock of $100,000, and the avowed object and purpose of establishing, organizing and conducting in Mil- waukee a law school and law library association. This testimonial ap- pears to have been duly acknowledged before Matthew Keenan, who was then the clerk of the circuit court. It is to be observed in passing that the subsequent records of the bar association contained resolutions on the death of nearly every member of this committee, and not one of the survivors is now in active practice in Milwaukee.
The original subscription to the stock shows the following names:
J. E. Arnold, $1,000; Butler, Buttrick & Cottrill, $2,000; Finches, Lynde & Miller, $2,000; Cary & Pratt, $1,000; H. L. Palmer, $1,000; Levi Hubbell, $500; Brown & Ogden, $1,000; Henry F. Prentiss, four shares, $100; Hooker & Spankenberg, $500.
Subsequent records show that no further steps were taken towards perfecting or acting under this incorporation.
During the year 1858 the members of the association of the bar of Milwaukee, which had been previously organized, adopted a general
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constitution which was subscribed by all the most prominent lawyers then in active practice. This constitution sets forth that the members of the bar of Milwaukee, being desirous of establishing and maintaining a higher standard of professional acquirement and deportment and of promoting a proper degree of harmony amongst its members, have or- ganized, etc .; and it is expressly stated that one of the particular ob -. jects of the association is to settle all differences that may arise be- tween its members in professional matters, and for that purpose when- ever a complaint shall be made to this association in writing by one member against another, the association shall have authority to hear and investigate the same, giving in all cases the parties interested full opportunity of being heard, and in case any member shall refuse to comply with the decision of a majority of the members of the associa- tion upon such matters of complaint he shall forfeit his membership.
These provisions undoubtedly had a very wholesome effect upon the members of the bar in placing each practicing lawyer upon honor to deal fairly and act honestly, and some of the most interesting pro- ceedings for disbarment to be found in our records were brought under the authority conferred by this first constitution. The original records show the names of:
Jonathan E. Arnold, E. G. Ryan, H. N. Wells, Matt. H. Carpenter, A. Finch, M. H. Finch, Arthur McArthur, Levi Hubbell, H. L. Palmer, John B. D. Cogswell, Thos. L. Ogden, N. J. Emmons, W. A. Pren- tiss. Otis H. Waldo, Wm. P. Lynde, A. R. R. Butler, Wilson Graham, James S. Brown, James B. Cross, Joshua Stark, J. H. Van Dyke, Byron Paine, A. G. Miller, Edward Salomon, Chas. A. Hamilton, James G. Jenkins, D. A. J. Upham, C. K. Wells, Winfield Smith, B. J. Johnson. Among these are found some of the most prominent lawyers who have ever practiced at the Wisconsin bar: Jonathan E. Arnold and H. N. Wells were among the earliest arrivals in Milwaukee, and quickly took the lead in their profession. As a criminal lawyer, strictly speaking, Mr. Arnold never had an equal here unless it was Mr. Wells in his palmiest days.
Compared with Judge E. G. Ryan, Mr. Arnold stood out in marked
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contrast. The following has been written describing these two great lawyers:
"Mr. Ryan, petulant, impatient of opposition, rolling his great eyes about seemingly in search of those terrible expressions of sarcasm and bitterness of which he knew himself master. Mr. Arnold, stately. courtly, richly humorous or eloquent, never out of temper, pouring out at last such outbursts of rich speech that the jury sat dumb under the spell."
The name of Matt. H. Carpenter calls before us one of the greatest constitutional lawyers of the country; this most brilliant and eloquent pleader is too well known by the people of Milwaukee to need further comment here.
Asahel Finch came to Milwaukee in 1839 and formed a partner- ship with H. N. Wells and Hans Crocker under the name of Wells, Crocker & Finch; in 1842 Mr. Finch formed a new partnership with William Pitt Lynde, under the name of Finch & Lynde. In 1857 Matt. H. Finch and B. K. Miller joined the firm, and the name was changed to Finches, Lynde & Miller, one of the best known and oldest firms of the west.
Arthur McArthur, whose name appears frequently in the records, was an active member of the association. He came to Milwaukee in 1849. He held many positions of trust, and died a very short time ago at the age of eighty-one years.
Mr. H. L. Palmer, N. J. Emmons and A. R. R. Butler all ranked among the ablest lawyers at the Milwaukee bar.
If space permitted, many interesting facts could be written of nearly all these men whose names appear in the list.
The first bar supper held in Milwaukee was given by Judge A. G. Miller in 1841 at his home, which was then in the present location of Marshall & Ilsley's bank on Broadway. There were twelve guests, among whom were Hans Crocker, Asahel Finch, Chas. J. Lynde, John Tweedy, J. E. Arnold, H. N. Wells, Wilson Graham, F. W. von Cotz- hausen and a number of others.
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On May 23, 1858, at a meeting of the bar, a formal fee bill was adopted; among the items are found the following:
Procuring a petition for divorce, to be paid or secured in advance. . $ 50 Retaining fee in all litigated suits. 20
Retaining fee in United States District Court. 25
Collections, 10 per cent on $300 or under; 5 per cent on excess to $1,000; 23 per cent on excess over $1,000.
Litigated cases for sums over $1,000 40
Litigated cases in tort when settled before trial. 25
Litigated cases in tort when tried. 50
Argument for new trial . IO
Services of counsel in litigated cases, per day IO
Foreclosure of mortgages over $1,000 50
Arguing case in supreme court . 75
Litigated cases before justices IO
Drawing petition for mechanic's lien. IO
Drawing assignment for benefit of creditors 30
Supplemental proceedings IO
Fees in criminal cases (to be paid or secured in advance):
.
Managing case in police court IO
Habeas corpus cases. 25
Defense in misdemeanor 25
Defense in felony . 50
Defense in manslaughter or murder 100
At this same meeting steps were taken for the purpose of holding a bar supper, which was held on June II, 1858, at the Newhall house, and the following are some of the toasts which were responded to on that occasion:
The Law: The zone of the universe, binding together alike planets and people; in heaven preserving order; on earth, life, liberty and prop- erty.
The Legal Profession: An ancient and honorable fraternity, dis- tinguished in all civilized nations as the foundation of learning, the soul of patriotism, the expounder and defender of the right, the uncom- promising foe of oppression and wrong.
The Executive and Judiciary Departments: Always respected by 22
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the bar, they command our homage when they embody wisdom, learn- ing and elevated moral character.
The American Lawyer: Less trammeled by forms, less awed by power than his brethren of the old world, he has equal necessity for varied learning, a broader field for eloquence and more commanding calls upon his zeal, generosity and patriotism.
Our Clients: In whom we live, move and have our being. May it be our very last cause that furnishes a complaint against them.
The Court of Cupid: A tribunal before which lawyers' pleas always please; where attachments are seldom dissolved; where the execution takes the body, and the supplementary proceedings never fail to satisfy the judgment.
The Printing Press and the Bar: Like the elements, the one with diffusive power sheds light, heat and moisture over the moral and po- litical world; like the prudent husbandman, the other trains up the cherished plants of right, and plucks out the growing weeds of wrong.
. The Judiciary of Our Country: Independent and pure, the stay and prop of our government and the protection of its citizens. Dependent and corrupt, the curse of the government and the despoiler of its people.
The Members of the Milwaukee Bar: Ever advancing in numbers, may they increase equally in solid learning, in spotless integrity, in fidelity to clients, and in honor, good fellowship and harmony amongst themselves.
Wisconsin Legislature: Successful in making bad laws, they will prove unsuccessful in breaking legal contracts.
The public spirit of the Milwaukee bar association was shown at a meeting called April 16, 1865, to take action on the death of President Lincoln. Resolutions were prepared and submitted which stated, among other things, "that while in his public life Mr. Lincoln has proven himself a man, a statesman and a patriot of clear head, honest heart and unfaltering loyalty, and in his life and death he has won for himself an immortal name in the history of this country, we rejoice that he has lived to seal his mission with the glory of success and the vision of a restored and fraternal union. Let us hope that the mantle of his many
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virtues will fall upon his successor, and that his great name, courageous statesmanship, and devoted patriotism may animate and inspire for all time to come the young men of America."
Some of the most influential and best known members of the bar have from time to time occupied offices in this association. Jonathan E. Arnold was its active president from 1858 to 1869. His successors were: WVm. P. Lynde, A. R. R. Butler, and Joshua Stark. Among the gentlemen who have acted as vice-president are noticed the names of Judge Levi Hubbell, O. H. Waldo, James G. Jenkins and A. L. Cary. Those who have acted as secretary are John B. D. Cogswell, James G. Flanders, Burton Hanson, and Wm. H. Morris. Mr. J. R. Brigham acted as treasurer for upwards of twenty years.
The present officers and members of the committees are as fol- lows: B. K. Miller, president; General F. C. Winkler, vice-president; Cornelius I. Haring, secretary; Otto R. Hansen, treasurer. Executive committee: Chas. Quarles, Edward P. Vilas, and H. A. J. Upham. The standing committees are as follows: Committee on membership, L. W. Halsey, J. E. Friend, R. B. Mallory, J. F. Burke, and Herman Fehr; committee on grievances, James G. Flanders, G. D. Van Dyke, Frank M. Hoyt, Herbert Knight, J. F. LaBoule; committee on amend- ment of law, J. V. Quarles, Joshua Stark, David S. Ordway, Geo. C. Markham, and T. C. Benedict; committee on legal education, F. W. von Cotzhausen, Geo. H. Noyes, W. W. Wight, J. R. Brigham, and W. C. Williams (the two last named are recently deceased).
CHAPTER XII.
THE FIRST CIRCUIT, AND ITS JUDGES AND LAWYERS.
As formed by the constitution, the first judicial circuit was com- posed of the counties of Racine, Walworth, Rock and Green. It has been changed from time to time and now consists of Walworth, Racine and Kenosha counties. This circuit has been presided over by more judges than any other in the state, having had not less than twelve occupants of its bench. Many of its judges have been men of the first rank in respect of both character and ability. Edward V. Whiton, James R. Doolittle, William P. Lyon, Robert Harkness and John B. Winslow are among those who have administered justice there. The bar of the first circuit in early days was a strong one, including Marshall M. Strong, John W. Cary, C. M. Baker, J. B. Cas- soday, John R. Bennett, John T. Fish, the judges named, and others. Some of these have passed to the other world; some have removed to other circuits by choice or been transferred by legislation. Except for the city of Racine the circuit would be a rural one; hence the temptations and rewards which follow commercial and corporation cases have drawn many able men from the bar of the first circuit.
THE BENCH.
Following are sketches of the judges of this circuit, except so far as they are given elsewhere and excepting Judge Harkness, of whom no information of a biographical character has been obtained, Edward V. Whiton being sketched in chapter IV and William P. Lyon and John B. Winslow in chapter VII.
WYMAN SPOONER.
This gentleman was for a brief time judge of the first circuit. He was born at Hardwick, Worcester county, Massachusetts, in July, 1793;
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removed to Vermont, and, being a printer, edited and published the Vermont Journal at Windsor for several of the earlier years of his manhood. He read law at Chelsea, Vermont. In 1835 he removed to Tuscarawas county, Ohio, where he practiced law. In 1842 he came to Wisconsin, first locating at Racine, and in 1843 removing to Elk- horn, Walworth county, where he resided and practiced law many years. During 1847, 1848 and 1849 he was judge of probate; he served in the assembly in 1850, 1851, 1857 and 1861-being speaker in 1857. In 1862, 1863 he was state senator and for a part of the time president of the senate. From January 14, 1863, to January 3, 1870, he was lieutenant governor. His judicial career was as judge of the first circuit from June 15, 1853, to January 1, 1854, he having been appointed by Governor Farwell to fill the vacancy caused by the elec- tion of Judge Whiton to the chief justiceship of the reorganized su- preme court. Judge Spooner died near Geneva, Walworth county, November 18, 1877.
It has been said of him that he was a lawyer of more than average ability; that he possessed a clear, logical and discriminating mind; that while he was an able advocate he was not endowed by gifts of oratory, and that if he could not convince by argument he did not seek to persuade by eloquence. He was honest and earnest in the dis- charge of every public duty; was a good presiding officer, fair, im- partial and courteous. He was polite in social intercourse and had a nice sense of propriety and order on all occasions. He loved debate and never asked or gave quarter, but never treasured animosity.
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