USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. II > Part 4
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
the spring term of the academy. Thus, by working, by teaching school, attending school and taking a careful part in the exercises of the neigh- borhood debating clubs, he plodded along until the spring of 1849.
At that time, in company with Charles C. Willson, now and for many years a leading lawyer at Rochester, Minnesota, he went to Oberlin college, intending to continue his education there. After remaining a part of one term, however, they left school and settled in Elyria, Lorain county (in which Oberlin is situated), where they began the study of law in the office of McAcheron & Myers. After a short time, in the fall of 1849, they returned to New York in order to teach school during the winter term. Judge Bunn continued his legal studies with Addi- son G. Rice and Harmon & Wood, at Ellicottville, until the fall of 1853, when he was admitted to the bar at Angelica, Allegany county. The young attorney went immediately into partnership with William H. Wood, in whose office he had studied, and so continued for one year.
Mr. Bunn had been engaged for three years to be married to Miss Sarah Purdy, a school teacher of the town, and in August, 1854, they were made man and wife. During the next month they removed to Sparta, Wisconsin, but in February, 1855, settled in Trempealeau for the purpose of entering a claim upon some land. That winter was spent by the bride in teaching school, and by the bridegroom in chop- ping and banking wood on the Mississippi river. In the spring another move was made to Decora Prairie, also in Trempealeau county, where Mr. Bunn worked a farm on shares. In May of that year was born his eldest son, Charles W. Bunn, who now resides at St. Paul, and is gen- eral counsel for the Northern Pacific railroad. During the following fall and winter he resided on Beaver Creek, in a house which, with one man's assistance, he built in a day. In the spring of 1856 he sold his claim for four hundred dollars and settled at Galesville, the county seat, operating a small farm and attending to such minor legal matters as come up in an unsettled country. He was elected district attorney in the fall, with an annual salary of $100, which, in the course of the four or five years during which he held the office, was increased about threefold.
Until the spring of 1861 Judge Bunn resided at Galesville, engaged in farming and the practice of law, the republicans electing him to the
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popular branch of the legislature in the fall of 1859. He served one term, which concluded his political career. At the time first men- tioned (spring of 1861) he returned to Sparta, built another home and opened an office. There he resided and continued the practice of law, holding, during most of the period previous to his elevation to the bench, the office of district attorney.
It was in the spring of 1868 that he was elected judge of the sixth circuit, comprising the counties of La Crosse, Vernon, Monroe, Trem- pealeau, Buffalo, Jackson and Clark. The acceptability of his service is evident from the fact that, at the end of his first term of six years, he was re-elected without opposition upon a call signed by every lawyer in his circuit.
Upon the death of J. C. Hopkins, United States district judge for the western district of Wisconsin, not only the United States senators from the state, but the entire bar of the district, recommended Judge Bunn to the President as one eminently qualified to fill the vacancy. On October 30, 1877, President Hayes, therefore, appointed him to that position, which he has since so acceptably filled. The honor was grati- fying to his professional pride, although its bestowal was against his wishes, since it necessitated his removal from Sparta, his domestic home, to Madison, his official residence. Since August, 1879, he has, there- fore, lived at the state capital, giving his strength and abilities to the faithful performance of his high trust. Besides holding the public posi- tions already mentioned, he has represented his state as a presidential elector, casting his vote for General Grant. For seven years he was also a lecturer in the law school of the university of Wisconsin, at Madi- son, and for two years in the law school of the Northwestern university, at Chicago.
Mention has already been made of Judge Bunn's eldest son, Charles W. Bunn. His second, George L. Bunn, was born at Sparta in 1865, is a lawyer residing at St. Paul and since December, 1896, has been one of the district judges in that city. John M., his third son, now lives at Spokane, Washington, and is one of the attorneys for the Northern Pacific railroad at that place. He has also two daughters-one mar- ried and residing in Madison, the other unmarried and living at home.
CHAPTER XV.
THE FEDERAL COURTS IN WISCONSIN-CONTINUED.
THE CIRCUIT COURT FOR THE DISTRICT OF WISCONSIN.
By an act of July 15, 1862, Congress established a circuit court for the district of Wisconsin, making the district part of the eighth judicial circuit, and transferred to it all actions pending in the district court which might have been brought or could have been originally cog- nizable in a circuit court. From that time the district court was de- prived of all circuit court powers.
In February, 1863, by a change in the law, the district was made a part of the ninth judicial circuit, and Samuel F. Miller, of Iowa, one of the justices of the supreme court of the United States, was assigned to circuit court duty in the district. July 23, 1866, the district was made part of the seventh judicial circuit, to which it is now attached, and Mr. Justice Miller gave place to Justice David Davis, of Illinois. On the latter's death Justice John M. Harlan, of Kentucky, was assigned to the seventh circuit.
Under the act of Congress of April 10, 1869, providing for the ap- pointment of separate judges of the circuit courts, Hon. Thomas Drum- mond, of Chicago, became the first circuit judge of the seventh circuit, which office he held until his retirement at the age of seventy-five, in I884.
THOMAS DRUMMOND.
Thomas Drummond was born at Bristol Mills, Lincoln county, Maine, October 16, 1809, and died in Wheaton, Illinois, May 15, 1890. His father, James Drummond, was a farmer, but followed the sea for a considerable period of his life, and for some years represented his native town and county in the legislature of Maine.
Living on the sea coast, the son of a seaman, surrounded by mari-
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
time associations, it is not wonderful that the subject of this sketch early wished to become a sailor. His father was peremptory in his re- fusal to gratify the boyish longing, and the son was several times sorely tempted to run away, as so many lads had done before him. His sense of filial duty, however, was stronger than his love of adventure; but those mental experiences left their furrows in his heart, implanting a never-failing attachment to the profession, which afterwards showed itself in his complete mastery of all the leading points involved in mari- time law, and caused his decisions in admiralty to be regarded as indis- putable and seldom appealed from or reversed.
He received his first instruction in the little schoolhouse of his native village. During his boyhood he attended academies in Maine, at New Castle, Monmouth, Farmington and Gorham. He entered Bowdoin college, at Brunswick, Maine, in 1826, and was graduated in regular course at the institution in 1830. His business training com- menced immediately thereafter. Leaving Maine in September, 1830. for Philadelphia, he commenced the study of law in that city in the office of W. T. Dwight, who was a son of President Dwight, of Yale college, and subsequently he was in the office of T. Bradford, in the same city, where he remained until March, 1833.
In May, 1835, Mr. Drummond left Philadelphia to go to Illinois, and settled in Galena, where he was soon recognized as a lawyer of un- usual and solid attainments, great perseverance and untiring industry. For fifteen years he practiced his profession at Galena with success and was engaged in many important causes.
On the death of Judge Pope he was appointed, in February, 1850, by President Taylor, to succeed him in the office of judge of the United States district court for the district of Illinois. In 1854 Judge Drum- mond removed to Chicago, and held the office of district judge of the United States for the northern district of Illinois until December 22, 1869, when he was appointed judge of the seventh circuit of the United States, which comprises the states of Illinois, Indiana and Wisconsin. He retired in 1884 at the age of seventy-five years after thirty-four years' service as a federal judge.
Judge Drummond did not mingle to any great extent in party pol-
V.P. Graham
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
itics and held political office but once. Formerly a whig, he subse- quently became a republican, with which party he affiliated until the time of his death. The office above alluded to was that of member of the United States house of representatives for 1840 and 1841, represent- ing the counties of northern Illinois, comprising what has been known as the Galena district.
He was married at Willow Springs, La Fayette county, Wisconsin, to Delia A., second daughter of J. P. Sheldon, of that place, and was the father of two sons and four daughters.
During a long and laborious career on the federal bench, Judge Drummond's fame as a jurist was completely established. None knew him but to respect him for his learning and to love him for his noble qualities of mind and heart. For over thirty-four years he held a place on the federal bench. Throughout that long period his career was sig- nalized by unremitting and arduous labor. His ambition and aim were to conscientiously and justly perform the duties of his high position; and that he attained the rank of a great and good judge was and is the tribute universally paid to him by the bar. His judicial opinions have always been distinguished for their strength of expression and vigor of reasoning, and are part of the jurisprudence of the country. Endowed with a vigorous and rugged intellect, prompted always in his judicial and personal action by the strongest convictions of duty, Judge Drum- mond never failed to put the stamp of his individuality upon whatever work he performed. His expositions of the law in all its branches were universally accepted as learned, able and authoritative. Judge Drum- mond was succeeded by
WALTER Q. GRESHAM.
Walter Quintin Gresham was born March 17, 1832, on a farm near the hamlet of Lanesville, Harrison county, Indiana. He was educated at the Corydon seminary and Bloomington university. His first em- ployment was as deputy clerk at Corydon. He began the study of law during his leisure hours under the guidance of Judge William Porter, and after nearly three years of nocturnal study he was, in 1854, admitted to the bar and entered into partnership with Thomas C. Slaughter, after-
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
wards judge of the Indiana circuit court. He soon became actively in- terested in politics, and in 1856 he stumped Harrison county, Indiana, in behalf of John C. Fremont. In 1860 he was elected to the legislature, and served as chairman on military affairs.
For some time before the war of the rebellion young Gresham had been captain of the "Spencer Rifles," a military company of Corydon, and, when his legislative duties were over, Governor Morton appointed him lieutenant colonel of the thirty-eighth Indiana regiment, but be- fore it entered service he was appointed, in December, 1861, colonel of the fifty-third regiment. His regiment was ordered to St. Louis, whence, after the fall of Donelson, it was sent to join General Grant at Savannah, Tennessee, where it was assigned to Veatch's brigade in Hurlbut's division; with his regiment, Colonel Gresham participated in the siege of Corinth, and afterward was engaged in numerous expedi- tions south of the Memphis and Charleston railroad. He was in the north Mississippi campaign with Grant's army, and afterwards was sta- tioned at Memphis till 1863. Later he joined General Grant's forces at Vicksburg. Colonel Gresham's conduct had won the admiration of his superior officers, particularly General Grant, who, with General Sherman, recommended his appointment as brigadier general, which was made on August II, 1863, and he was put in command of the post of Natchez and later succeeded General Crocker in command of the dis- trict of Natchez. His judicious government of that city attracted the friendship of all parties. In the spring of 1864 he was put in command of a division of the seventeenth corps of the Army of the Tennessee, to participate in the Atlanta campaign. His soldierly demeanor strongly recommended him to General McPherson, who commanded the army, and General Frank Blair, who had command of the corps, and he was active in the numerous engagements of that campaign until July 20. On that day, in the battle of Leggett's Hill, he was severely wounded by a bullet which struck his leg below the knee. On the following day, under the personal direction of General McPherson, he was car- ried to the railroad station, and thence taken to New Albany, where he was confined for more than a year, nursed by his faithful wife. He was obliged to use crutches for several years.
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
After the close of the war he resumed practice at New Albany; he was nominated for Congress in 1866. The district was overwhelm- ingly democratic, and, while he won many democratic friends, he was defeated at the polls by Mr. M. C. Kerr. During that year he was ap- pointed financial agent of the state and filled that position until 1869. When General Grant became President, he tendered General Gresham the collectorship of the port of New Orleans, which was declined. He went to Washington in the interest of a friend whose appointment as district attorney of Indiana he sought, and when, in an interview with President Grant, he was informed by him that he himself had already been selected for that office, General Gresham replied that under no circumstances could he accept it. In December. 1869, the President appointed him United States district judge for Indiana, an office which he accepted and honored until April, 1882. At that time, upon the death of Postmaster General Howe, who was a member of the cabinet of President Garfield and also of his successor, President Arthur, Judge Gresham was tendered and accepted the office thus made vacant, and filled it in a manner highly creditable to himself and satisfactory to the public. Near the close of President Arthur's term he became secretary of the treasury, succeeding Secretary Folger, who had died. In all his connection with the cabinet he was one of the President's most valued advisers. He withdrew from the cabinet in October, 1884, and in the following December, Judge Drummond having retired from the office of United States circuit judge, President Arthur tendered the position to Judge Gresham and it was accepted.
During the campaign of 1892 Judge Gresham, who had been an active candidate for the nomination before the republican convention, became a supporter of the democracy, and after President Cleveland's inauguration he was tendered the portfolio of the secretary of state in his cabinet. He accepted, and while filling that position was seized by his fatal illness and passed away May 28, 1895.
In 1858 he married Miss Mathilda McGrain, a daughter of Mr. Thomas McGrain, an old settler of Harrison county, Indiana, of Scotch- Irish descent. He was survived by his wife and a son and a daughter.
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
JAMES G. JENKINS.
James G. Jenkins was born at Saratoga Springs, New York, July 18, 1834. His father, Edgar Jenkins, was a well-known business man of the state of New York. His mother was the daughter of Reuben H. Walworth, the distinguished jurist who for many years held the posi- tion of chancellor in the state of New York. He was educated in his native state, read law in New York city and was there admitted to the bar in 1855.
Two years later he came to Milwaukee and at once engaged in the active practice of his profession. Wisconsin had then just adopted the New York code of practice, his thorough familiarity with which gave him at once a marked position of advantage among lawyers trained to an older system. Well read in his profession, clear in thought, forcible in argument, and endowed with a rich vein of humor ever at command, he soon became the favorite of the court room. His work was so bright it often seemed like play, but it was preceded by careful and earnest preparation in his office.
He was elected city attorney in 1863 and held the office for four successive annual terms. In 1867 he formed a partnership with Theo- dore B. Elliott. The firm, which some six years later was joined by General F. C. Winkler, soon took rank with the leading practitioners of the state. Upon Mr. Elliott's sad death in the Newhall House fire, Mr. A. A. L. Smith came into the firm.
Until his appointment to the federal bench Judge Jenkins continued in the active and devoted service of his profession, enjoying a large and profitable practice, a very large share of popularity, and the confidence and respect of his clientage. He confined himself to no special branch of the profession, and proved his superior qualifications as lawyer and advocate in many important causes in the different courts of the state.
In politics Judge Jenkins is a democrat and he gained prominence at an early day in the councils of his party. He was its candidate for governor of Wisconsin in 1879, received its vote for United States sen- ator in 1881 and has been delegate to numerous state and national conventions.
UNITED STA APPEA
SEVENTH
1892
ACTIVE
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
He is a man of taste and wide reading in general literature.
In 1870 he was married to the daughter of the Honorable Andrew G. Miller, judge of the United States district court. His home in Mil- waukee is the nucleus of a refined and intelligent social circle.
In 1888 he was appointed judge of the United States district court for the eastern district of Wisconsin, and in 1893 to the position he holds now, that of a circuit judge of the seventh judicial circuit of the United States. In both positions he has fully vindicated his reputation as an able and enlightened jurist.
In 1893 the university of Wisconsin conferred upon him the de- gree of LL. D.
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CHAPTER XVI. THE BOARD OF EXAMINERS. BY JOSHUA STARK.
The conditions upon which license could be obtained to engage in practice of law in Wisconsin, as territory and state, have varied greatly.
The first legislature of the territory, at its session in December, 1836, enacted a law providing that to entitle an applicant for admission to practice in any and all the courts of record in the territory, he must be a citizen of the United States and of the age of twenty-one years, and must show to the satisfaction of a judge of the territorial supreme court that he was an actual resident of the territory for three months preceding the date of his application, that he had diligently pursued the study of the law for at least two years in the office of some reputable practitioner in the territory or in the United States, and that he was of good moral character and possessed the requisite knowledge of the science and practice of the law.
Attendance at some approved law school or university where legal studies formed a part of the academic course of instruction upon a course or courses of legal lectures, for a time not less than one year, was to be accepted as equal to one of the required two years' study with a practi -. tioner.
In 1839 the requirements of majority, United States citizenship, three months' residence and a minimum term of study were dropped, and it was enacted that any person applying to any district court, or to the supreme court of the territory, to be admitted therein as an attorney, and giving to such court satisfactory evidence of his residence in the territory and his good moral character, and that he possessed the requisite knowledge of the science and practice of the law, might be admitted by the respective judge or judges to practice in the said courts respectively in which he or they may preside.
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This left the matter virtually to the discretion of each court in the territory. Residence, good moral character and requisite knowledge in the judgment or according to the standard of the particular judge to whom the application was made, was sufficient. The tendency was ap- parent. There was a growing sentiment that all vocations should be free to every citizen who might choose to adopt them.
The first proposition of the declaration of rights in the constitution of the state, adopted in 1848, that "all men are born equally free and independent," was applied in its broadest sense when, in March, 1849, the legislature opened the door of admission to the bar to every person resident in the state and of good moral character, without examination or evidence of their qualifications, by the passage of the following act:
"Whenever any person shall apply to the supreme, circuit or county court to be admitted to practice therein as an attorney, and shall show satisfactorily to such court that he is a resident of the state and is of good moral character, the judge or judges thereof shall grant to such applicant a license to practice in the said courts respectively in which he or they may preside."
This act was made part of the revised statutes of 1849, and again in 1858, and continued in force until 1861. For twelve years under the statutes of Wisconsin, lawyers residing in the state were not recognized as belonging to a liberal profession. A license to practice as an attorney could be demanded as his right by any resident of decent morals. Neither education, nor legal knowledge, nor mental fitness, nor prepa- ration of any kind was requisite. As might be expected, most of the circuit judges of the state ceased to examine applicants, and many were enrolled as members of the bar, fully authorized to undertake every function of an attorney in the administration of justice, without being required to give any evidence of their qualifications. Many justices of the peace, county officials, men unsuccessful in business, and others. finding the doors of the temple of justice wide open, did not scruple to enter, too often with the intent to use the title or name of attorney for unworthy ends. The absurdity and mischief of the situation at length became apparent.
In 1861 a law was passed providing that to entitle any person to
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HISTORY OF THE BENCH AND BAR OF WISCONSIN.
practice as an attorney in the circuit courts of the state, he must first be licensed by order of one of the judges thereof, and that no such order should be made until the applicant for such license should have first been examined in open court by the judge thereof, or examiners by him appointed, as to his learning in the law and ability to practice as such attorney, nor until such judge should be satisfied that such person possessed sufficient legal knowledge and ability to entitle him to practice as such attorney, nor unless such person should be a resident of the state, more than twenty years of age and of good moral character, his residence and age to be proved by his own affidavit.
A person so licensed was entitled to practice as attorney in any court of record in Wisconsin, except the supreme court; the right to practice in the supreme court requiring the order of such court.
This act did not apply to attorneys licensed to practice by the courts of any other state.
The supreme court having decided in 1875 (In re Goodell, 39 Wis., 232) that under existing statutes women could not be licensed as at- torneys-at-law in Wisconsin, the legislature in 1877 added to the act of 1861 the proviso "that no person shall be denied a license under this act on account of sex."
The above provisions of the act of 1861, relating to the examination of residents seeking license to practice as attorneys in this state, were re-enacted in the revised statutes of 1878, modified, however, by pro- visions that graduates of the law department of the university of Wis -. consin should be admitted to the bar of all the courts upon the produc- tion of their diplomas duly issued by the board of regents, and that per- sons who had been admitted to practice in the supreme court of any other state or territory, and who shall be residents of Wisconsin, may be admitted upon production of their certificates of admission to practice in such courts of such other state or territory.
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