USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. I > Part 42
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58
449.
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
& Emmons (H. H.). It may be here stated that the latter was after- ward appointed United States judge of the circuit comprising Michigan and adjoining states.
In April, 1846, soon after his admission to the supreme court of Michigan, John H. Van Dyke removed to Milwaukee, in company with Norman J. Emmons, a brother of H. H. Emmons, with whom he had formed a partnership. The two young men arrived in Milwaukee on the 17th of April, 1846, and at once became a forceful factor in its affairs. The firm of Emmons & Van Dyke continued in busy practice for some years before receiving another partner, in the person of C. A. Hamilton. Under the name of Emmons, Van Dyke & Hamilton this association continued until 1870, when Mr. Van Dyke himself retired from the firm.
These were truly busy and prosperous years, as a cursory glance at the reports of the Wisconsin supreme court and those of the United States supreme court will abundantly testify. In the records covering that period there are few law firms in Wisconsin whose names oftener . appear than those of Emmons & Van Dyke, and Emmons, Van Dyke & Hamilton. The firms did a general law business, being especially prom- inent in suits involving questions of admiralty and equity.
Mr. Van Dyke's retirement was occasioned both by the fact that he had amassed a competency, and that several enterprises in whose man- agement he had engaged had expanded to such dimensions as to absorb a large portion of his time and strength. This was especially true of the Northwestern Mutual Life Insurance Company. In the inception of the company he had been chosen a member of its board of trustees, had taken an active part in its affairs and assisted in developing it to the dimensions of one of the most important corporations in the United States. He served as president of the company from 1869 to 1874, his retirement from the active practice of law dating, as stated, from 1870.
It would be impossible to go into details regarding the numerous positions of trust which have been filled by Mr. Van Dyke. A simple, but by no means perfect list of them includes the first presidency of the Young Men's Literary Society, which in later years became the Mil- waukee Library; a member of the board of visitors of the Milwaukee
.450
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
hospital since its organization, in 1864, being chosen to the presidency to succeed Alexander Mitchell, upon the death of the latter; a member of the advisory board of counsel for the Milwaukee orphan asylum, and for many years a trustee of the Milwaukee female college, being for several years president of its board; member of the board of trustees of Lawrence university, Appleton, and similarly connected with the Lay- ton art college, which he has done so much to raise to its high plane.
Mr. Van Dyke has also been a leader in the development of the mining industries of Wisconsin. He has been director and vice presi- dent of the Menominee mining company, the pioneer iron mining com- pany on the Menominee Range in Michigan and Wisconsin. In 1882 the company sold several of its mines. In 1887 he was president of the Chapin mining company, which subsequently disposed of its property. The Menominee mining company then ceased to do business. The iron mining company, the Pewabic, was organized during this year, Mr. Van ยท Dyke being its vice president. It is located near Iron Mountain, Michi- gan, and is in active operation.
Although a leader in practical works of charity and ever interested in public affairs; a republican in politics, and a member of the Methodist Episcopal church, he has refused all proffers of political offices, and has been unobtrusive in his religious views.
Mr. Van Dyke's wife was formerly Miss Mary Douglass, she being of Scotch descent, as was his mother. Of their four children, George D. and William D. Van Dyke are members of the law firm, Van Dyke, Van Dyke & Carter, of Milwaukee. John H. Van Dyke, Jr., the third son, is conducting the Van Dyke knitting works. Mary E. Van Dyke is the wife of John H. Tweedy, Jr., the son of another prominent Milwaukee pioneer.
. In conclusion, we can scarcely do better than to quote Mr. Van Dyke's own words as to the elements of character which are an assurance of success: "Industry, integrity, will, perseverance and patience are con- comitants of success, at the same time guardedly avoiding enterprises of which one is ignorant-which may be styled business prudence, as necessary for success in the legal profession as in any other pursuit in
45I
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
life." Although couched in general terms the above maxims, applied to the life of John H. Van Dyke, explain its successes and honors.
HALBERT E. PAINE.
The public services in field and legislative hall and the removal of Halbert E. Paine from the state has caused him to be unknown to the present generation of lawyers in Wisconsin; indeed, his career at the bar in this state was brief. Mr. Paine was born in Chardon, Geauga county, Ohio, February 4, 1826; he was graduated from the Western Reserve college in 1845; admitted to the bar in 1848, and began practice at Cleveland; came to Wisconsin in 1857, and opened a law office in Milwaukee. He entered the military service in May, 1861, as colonel of the Third Wisconsin; was promoted to a brigadier generalship in January, 1863, and commanded the Third division of the Nineteenth army corps; lost a leg in the service; was brevetted major general in March, 1865, and resigned the following May. On his return home he was elected a member of Congress, and was twice re-elected, serving from 1865 to 1871. He served as commissioner of patents for several years, and thereafter became a resident of Washington, D. C., and engaged in the practice of the law.
O. H. WALDO.
Otis Harvey Waldo was born at Prattsburg, Steuben county, New York, April 1, 1822. Until he became seventeen he lived on his father's farm, but attended school and an academy; he graduated from Union college in 1842; notwithstanding the fact that his eyes failed and he was obliged to depend upon his room-mate's reading to prepare for his classes, his standing was high. His sight continued weak for two years after graduation, so that he remained on the family farm doing light work. In the fall of 1844 he went to Natchez, Mississippi; taught school and read law with Gen. John A. Quitman, and in the spring of 1849 he became a member of the Mississippi bar. In the fall of that year he located in Milwaukee and entered upon the practice of the law. He does not appear either to have sought or held public office; he took
452
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
an active interest in public matters affecting the prosperity of Mil- waukee, and is credited with having been largely instrumental in secur- ing the construction of the Northern railroad to Green Bay via Me- nasha. "The adjustment of large city indebtedness in long bonds at four per cent was, in a great measure, the result of his efforts, and was the foundation of the present good credit of Milwaukee." After nearly two years of illness he died, October 30, 1874.
"His professional career was neither erratic nor brilliant. He was an industrious, painstaking, studious practitioner, and he was prompted not only by professional pride and ambition but by conscientious ideas of duty to devote the most thorough preparation both to the facts and law of every case intrusted to him, and none were neglected because they were unimportant. Far and wide he was known as the well-read, the clear-headed, sound judging, industrious and persistent lawyer. The most difficult cases were confided to him, and seldom did he lose a case."
EDWARD SALOMON.
Edward Salomon was born at Stroebeck, near Halberstadt, in Prus- sia, August 11, 1828. His parents' names were Christopher Salomon and Dorothea nee Klussmann.
From 1806 to 1815 his father served in the Prussian army during the Napoleonic wars, first as a private, then as an officer, and was severely wounded at the battle of Waterloo. He was decorated with the renowned Prussian iron cross of 1813 and with other decorations for meritorious conduct in the field. Afterwards he held a modest posi- tion in the civil service of Prussia until he and his wife, Governor Salo- mon's mother, came to the United States in 1856. They lived at Manitowoc, Wisconsin, until her death in 1871, and his death in 1872. His father's ancestors were farmers, and his mother's were physicians and clergymen in Germany.
Edward Salomon was educated at college in Halberstadt, and at the university in Berlin in 1848 and 1849, where he pursued mainly mathe- matics, natural history and philosophy. He came to the United States in the fall of 1849, where his two elder brothers had preceded him. The
453
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
oldest, Charles E. Salomon, afterwards colonel and brevet brigadier gen- eral of United States volunteers, was a political refugee on account of his participation in the revolution in Prussia in 1848. The second son, Frederick Salomon, was living at Manitowoc, where he also afterwards entered the army during the civil war, and became brigadier general and brevet major general. Edward joined him in that city and taught school, then became county surveyor, and afterwards deputy clerk of the circuit court. In 1852 he removed to Milwaukee and entered the office of Hon. Edward G. Ryan, afterwards chief justice of the supreme court, as a student, remaining in that office until 1858, studying his profession under his kind, able and experienced guidance. Mr. Salomon passed a thorough examination before Justices Whiton, Smith and Crawford of the supreme court of Madison, which was held by them in person at the request of Mr. Ryan. Mr. Salomon was thereupon admitted to the bar January 25, 1855. In 1856 he became a citizen of the United States, and in that year also he entered into a partnership with Winfield Smith, under the firm name of Smith & Salomon, which continued until he left Wisconsin in December, 1869.
On May 14, 1858, he married his wife Elise, nee Nebel, of Liege. They have no children.
The practice of the firm of Smith & Salomon was general, though fortune brought them into some branches of business more particularly than in others. During the operations of the bankrupt law, and those of the laws taxing distilled spirits, the firm had many cases under each, and tried many suits in the United States court at Milwaukee. It was the habit of the firm generally to try together every important case possible for them so to arrange. Their business increased rapidly, and Mr. Salomon's acquaintance with the Germans of Milwaukee brought to him very much business from them. Their practice and business life was always harmonious to a remarkable degree, and they were studious. and industrious, so that while they differed in the beginning upon some questions, they usually discussed them to the point of unity.
The first case in the supreme court which fell to Mr. Salomon to argue was that of Roche vs. Milwaukee Gaslight Company, 5 Wis., 55,
29
454
HISTORY OF THE BENCH AND BAR OF WISCONSIN,
holding that the city of Milwaukee was responsible and not Mr. Salo- mon's client for an injury by his wagon to the plaintiff's lamp post, be- cause of the condition of the street making the injury unavoidable, the principle being important to the parties concerned.
The next important case argued by Governor Salomon in the su- preme court was that of Baumbach vs. Bade, 7th Wisconsin Reports, involving the constitutionality of the law giving to mortgagors six months instead of twenty days within which to answer foreclosure com- plaints. Mr. Salomon contended that the statute affected the contract between the parties under the guise of regulating the remedy, but he was overruled.
In 1864 he defended A. G. Miller, United States district judge, before the judiciary committee of the house of representatives at Washington in impeachment proceedings which had been brought and were zealously prosecuted by Hon. Matt. H. Carpenter. The charge grew out of the Prairie du Chien railroad litigation. The investigation of the charge before the committee lasted for several months, and re- sulted in a refusal of the house to entertain them.
Druecker vs. Salomon, 21 Wisconsin Reports, page 621, grew out of Salomon's action as governor of the state in enforcing the draft of 1862, causing the arrest and detention of so-called draft rioters in Ozaukee county. In a habeas corpus proceeding the supreme court in 1862 had decided that the proclamation of President Lincoln, under which forcible opposition to the draft was to be tried by court martial or military commission, was unconstitutional and void, and that the rioters must therefore be released from imprisonment under the military authority. Thereupon, after the governor's term of office had expired, the plaintiff, one of the rioters, brought this action for damages against him in the circuit court at Milwaukee for the alleged false imprisonment. His defense was that the so-called riot was more than a riot; was, in fact, an insurrection against the laws of the United States, planned and pre- pared long before the day of the draft, and that he, as governor of the state, was responsible for its peace, and acting also on the authority of the President of the United States, had taken such measures and used
455
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
such force as he deemed necessary for the suppression of this insurrec- tion, and for such action the governor was not responsible in a civil suit for damages. At the trial the facts regarding the insurrection were proven so clearly that the presiding judge, Arthur MacArthur, held the governor's view of the law to be correct, and instructed the jury to ren- der a verdict for the defendant. The case went to the supreme court, where the judgment was affirmed. The governor informs us that he was assisted at the trial by able counsel, Messrs. Matt. H. Carpenter and Winfield Smith, but that he prepared the defense and with their assist- ance conducted the trial and afterwards with them argued the case in the supreme court.
Another litigation of great importance on account of the questions raised and the amount involved related to the Prairie du Chien railroad company. Two bills were filed by the firm of Smith & Salomon in the United States circuit court in chancery; one was entitled How vs. the Milwaukee & Prairie du Chien railroad company, et al., defendants, and the other Louis F. Meyer, et al., vs. the same.
The legislature of 1867, notwithstanding protests and arguments made by Governor Salomon and others in opposition, had passed an act, Chapter 435 of the local laws of 1867, affecting the rights of certain stockholders. While the bill was pending in anticipation of its passage, notwithstanding the frequent and protracted arguments of Mr. Salomon before the committees of the legislature, he prepared a bill in chancery asking an injunction against the enforcement of that statute, which bill was filed on the day following the approval of the act of the legis- lature.
While Mr. Salomon was in Madison, his partner, Mr. Smith, had spent some weeks in preparing another bill filed about the same time seeking also an injunction to prevent the execution of certain resolu- tions and acts adopted by the directors of the Prairie du Chien railroad company, and others, of which bitter complaint was made. The argu- ment upon the first, or How bill, was brought on and lasted for several days during May, 1867. It was closed by a decision in favor of the plain- tiffs on nearly all the points, awarding the injunction as prayed for by
456
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
the bill, constituting a complete remedy satisfactory to the plaintiffs in the matters of the suit. The next bill which had been drawn by Gov- ernor Salomon was immediately taken up on demurrer, and was very soon disposed of by the court. The How bill had been argued by Mr. Salomon and Mr. Smith, but the Meyer bill was argued by the governor alone; the decision was against the constitutionality of the act, a per- petual injunction being awarded, forbidding any action under the void statute. These acts followed closely upon the recent consolidation of the Prairie du Chien and other branches of the newly organized Mil- waukee & St. Paul Railway company.
Just after the conclusion of the war the governor was retained to go south to defend an old friend on trial by a court martial, which, after some weeks engaged in that labor, resulted in an acquittal.
The governor and his partner were occupied through a series of years in defending persons charged with violations of the internal revenue laws, of which cases of much interest as to facts and as to legal contro- versies were before the United States court and generally resulted so as to reward their efforts.
Mr. Salomon had been a democrat during his stay in Mr. Ryan's office, but soon after the formation of his new partnership, the ques- tions arising out of the settlement of the territory of Kansas and Nebraska became very active, and he was much interested and took the pains to learn from the New York Tribune the facts then published by that able paper, with the result that while he did not profess for some time any political change, he ceased to identify himself with the demo- cratic party and remained without distinct position in parties until he was nominated for the position of lieutenant governor on the independ- ent ticket by a convention in the fall of 1861. He was elected, Louis J. Harvey being elected governor at the same time, and Samuel D. Has- tings, state treasurer.
The election in 1861, and the death of Governor Harvey, who was accidentally drowned in the Tennessee river, April 19, 1862, made Mr. Salomon governor of the state. He was unfamiliar with political affairs up to that time, and had accepted the nomination without considering
457
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
the probability of serving as governor. He was aroused to a deep sense of the responsibilities which fell on him so suddenly, and he set out to discharge, at whatever cost, his unwelcome duties. Many, even of his friends, feared lest he should be unable to perform the obligations fall- ing upon him, and feared lest he should be an unsuitable representative of his party, his race and the bar in so important a juncture, but those who know him most intimately had no concern that he would not rise to the height of every demand. With little special preparation he took his seat, and thenceforward gave unremitting attention to his duties. His labors as the executive head of the state were severe and incessant.
The government was at that time in the urgency of the civil war, calling continually for fresh troops to enter the field. The military duties of the governor were for months exceedingly arduous. He gave many days from twelve to sixteen hours to his executive work, and he felt that no part of his duties were more weighty than the selection of the officers of the volunteers. He adopted regulations for the purpose of procuring experienced officers, and placed, when possible, those over the raw troops who were sent from this state to the field of battle, estab- lishing a system of promotions, and he left no labor untried to give Wis- consin troops every advantage of discipline and care. It naturally hap- pened that many who had ambitious designs found them thwarted by this system, and were ill pleased when their personal preferences were disregarded.
Governor Salomon's firm, just and upright character is well por- . trayed in his striking features depicted for the people of Wisconsin by the artist to whom it fell to preserve them for the executive chamber at Madison. His physical and mental constitution were alike sound. Strong common sense surmounted by clear perceptions and wise judg- ment found expression in excellent phrase, in eloquent speech and lucid writing-qualities given to a few Germans who have won distinction as American statesmen. With the pen or on the platform he and his friend Carl Schurz have been equally admired, whether addressing Wis- consin audiences in their native tongue or in the English language. Whether arguing before the supreme bench or the juries of Milwaukee
458
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
county Mr. Salomon was always pleasing, always clear, and always com- manded the earnest attention of his hearers, and his reputation for per- fect integrity in every position added force to his effective sentences.
He was chosen a member of the board of regents of the university in the state of Wisconsin in 1857, and from that time took an active part in the management of the university. He was president of that board until shortly before leaving Wisconsin, when he resigned. When he entered the board the affairs of the university were in a deplorable con- dition for want of sufficient income, principally because a large part of. its funds had been used in the construction of buildings at a time when greatly needed for the purposes of present education. The proposition was seriously urged to close the university and even distribute its funds among other colleges. He utterly opposed this, and insisted that the diversion of the fund for buildings was in contravention of the spirit of the grant by the United States; that the state should itself furnish the buildings, and that it should refund the principal so diverted, at least the interest thereon, being about $7,000 per year. In its crippled condition the university had but few warm friends, and many were hostile to it; but by dint of argument and perseverance the legislature was finally pre- vailed upon to adopt substantially his views; and it made, accordingly, appropriations which enabled the board of regents to preserve and de- velop the institution, since which time it has become, and yet remains, an exalted honor to the state of Wisconsin. The governor was also prominent in urging the embodiment of the agricultural college and its fund with the university, giving strength to both. In June, 1862, the honorary degree of LL. D. was conferred upon Governor Salomon by the board of regents.
As the end of Mr. Salomon's term as governor approached he was urged to become a candidate for re-election, which he declined until he; going to Vicksburg in the summer of 1863, met many of his old friends, including those bearing commissions which he had signed. There he was so strongly urged to run that he could not oppose the argument urged by them, that he owed his services to the state as well as they. On his return to Wisconsin he expressed his willingness to accept the
459
HISTORY OF THE BENCH AND BAR OF WISCONSIN.
nomination for governor, but then discovered that others had taken advantage of his previous reluctance to arrange for delegates in favor of other candidates, and those who had been chagrined by the gov- ernor's military appointments were quite ready to prevent his renomi- nation. The convention, which indicated on the first ballot a majority for Governor Salomon, was adjourned long enough to allow the neces- sary manipulations to compass his defeat. The scandal following was long a source of bitterness to high-minded republicans.
Soon after Governor Salomon's term of office ceased he was induced to go to New York city to enter into practice, and particularly to as- sume the duties of counsel for the German government. His departure from Wisconsin was felt by his political friends and by all who knew him to be a grave loss to the state. The members of the bar and other friends joined upon his departure in a banquet, celebrating the occasion, at which the most flattering words were used towards him, and the Mil- waukee lawyers united in the gift of a set of Wisconsin supreme court reports. He entered upon the practice of law in New York city at once and remained there for a number of years, until the failing health of his wife made it necessary for him to spend much time in Europe, so that at last, in May, 1894, he retired altogether from practice, and soon after took up his residence at Frankfort-on-Main, where the climate and con- ditions were more favorable to her condition.
Mrs. Salomon is a lady of highly pleasing manner and great accom- plishments. She speaks French, German and English with perfect com- mand, and was much admired in society, as far as her health would allow her to form acquaintances and assume her natural position.
In New York city Mr. Salomon was associated with the firms of Salomon & Burke; Salomon, Hall & Dulon; Salomon & Dulon, and Salomon, Dulon & Sutre.
Governor Salomon and his friend Mr. Schurz opposed the election of Mr. Blaine. While usually acting with the republican party, he has occasionally disregarded party ties. In New York city municipal af- fairs he took an active part, particularly when in 1870 and 1871 he was a member of the committee of seventy that was formed to bring to light
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.