Allegan County, Michigan - Tii Courts and Lawyers, 1907

Judge Philip Padgham, in his address at the laying of the cornerstone of the court house in 1889, described the judicial system of Michigan as it pertained to this county, and the following paragraphs are quoted from that address :

"Under the constitution of 1835 the judicial power was vested in the supreme court and such other courts as the legislature might from time to time establish. The judges of the stipreme court were nominated and appointed by the governor with the advice and consent of the senate. The supreme court as thus constituted was composed of one chief justice and three associate justices. The court was held at different places in the state, as follows ; Twice each year at Detroit, twice each year at the village of Ann Arbor, once each year at Kalamazoo, and once each year at Pontiac. When sitting at Kalamazoo it exercised appellate jurisdiction in all suits and cases originating in the counties of Branch, St. Joseph, Cass, Berrien, Van Buren, Kalamazoo, Calhoun and Allegan.

"Under this constitution also there was a separate court of chancery, and the powers of that court were vested in the chancellor. There were three chancery circuits in the state, the third circuit being composed of the counties of Branch, St. Joseph, Cass, Berrien, Van Buren, Kalamazoo, Calhoun, Kent, Ionia and Allegan. The sittings of this court were held for the third circuit in Kalamazoo twice in each year.

"The state was further divided into four judicial circuits for the purpose of holding circuit courts. Allegan county was in the third circuit. These circuit courts were held in the several counties and were presided over by one of the judges of the supreme court and two associate judges resident in the county.

"By an act of the legislature approved April 2, 1848, the supreme court was made to consist of five judges, and it was by the same act made their duty to divide the state into five judicial circuits, the fifth circuit to be made up of counties in the Grand River section, thus -bringing Allegan county into the fifth circuit.

"In the year 1851 the state, by an act of-the legislature approved April 8 of that year, was again divided into eight judicial circuits, Allegan county remaining in the fifth circuit, which was composed of the counties of Calhoun, Kalamazoo, Eaton, Van Buren and Allegan.

"Allegan remained in the fifth circuit from 1851 to 1858, when the state was divided into ten judicial circuits, Allegan county being set off into the ninth circuit. This was composed of the following organized counties; Allegan, Ottawa, Newaygo, Oceana, Mason, Manistee, Manitou and Grand Traverse, and the unorganized counties of Emmet, Charlevoix, Antrim, Kalkaska, Wexford, Missaukee, Lake, Mecosta and Osceola. (Muskegon county was added to the ninth circuit in 1859.)

"By act of the legislature, approved February 15, 1867, the ninth circuit was reorganized, being then composed of the counties of Allegan, Kalamazoo and Van Buren. These three counties formed the ninth judicial circuit until 1873, when Allegan was joined with Ottawa county and the two formed into one judicial circuit, designated as the twentieth judicial circuit, as which it remains to this time.

"The first session of the circuit court for Allegan county opened on November 7, 1836. Neither of the judges being present on that day, the sheriff adjourned the court until the next morning at ten o'clock, at which time Hon. Epaphroditus Ransom, circuit judge, and Elisha Ely and John Anderson, associate judges, were present. The court was opened in due form."

The portraits of Judges Littlejohn and Arnold now adorn the circuit court room, the first having been donated by the artist, J. Krumbine, of Allegan, and the latter by members of the bar.

An obsolete adjunct of the early judicial system were the associate judges. Judge Padgham thus describes them in the address already quoted: "The associate judges (or side judges as they were sometimes called) were two in number, and were residers of the county wherein they were elected. They were not required to be lawyers. They were undoubtedly elected to add dignity to the bench, which they very Hkely did, as they had plenty of time and leisure to do so. They knew no law and took no part in the judicial proceedings. . , . The constitution of 1850 changed this matter in providing for the election of one circuit judge in each circuit, and since that time the kind and benevolent old faces of the associate judges were not seen occupying a place in the legal tribunals."

The county court, of interinediate powers between the courts held by the justices of the peace and the circuit courts, was an institution of justice in Allegan county during the latter forties. The original county court was established in Michigan territory in 1815, but was abolished in the organized counties of the territory in April, 1833. The institution was revived in 1846 and continued until its final abolition in the constitution of the state adopted in 1850. However, the schedule of the constitution provided for a continuance of the jurisdiction of the county court not later than January I, 1852, when the circuit court should assume all its unfinished business. The tenn of the county judge being fixed at four years, there were two sets of these judges elected in Allegan county, the first elected in November, 1846. and the second elected in November, 1850, and continuing until the final adjournment of their courts. Two judges were elected in each county, being known as "first" and "second" judges. The first session of the county court was held in Allegan, April 5, 1847. ^nd adjourned sine die because it found no business before it.

The bar of Allegan county has a history extending over seventy years, dating back to November 8. 1836, when G. Y. Warner was admitted to practice. He took up his residence at Allegan before that date, since he was one of the bridegrooms in a double wedding in the village on Christmas day of 1835, that being the first wedding in the village. There was very little civil or criminal practice in those days, and lawyers who had no other pursuit risked starvation in locating in a pioneer community. At the first session of the circuit court, held in Allegan in November. 1836, the grand jury announced that no business was submitted to them, and civil case No. i, with Isaac Aldrich appellee and William Forbes appellant, was continued till the next term of court, after which the court adjourned sine die.

Practically the only business of this court aside from the formalities concerned the licensing of the first attorney. The record reads as follows: "George Y. Warner made application to the court to be admitted as an attorney and counselor at law. and having produced satisfactory evi<lence to the court that he had been regidarly admitted as an attorney and counselor at law in the states of Tennessee, Georgia and Virginia, and has been in the practice of law in the said states during the period of two years previous to his application for admission, that he is of good character and has sustained the character of an able and fair practitioner, and that he actually resides in this state, was admitted to an examination, and . . . on such examination had, the said judges being of opinion that he is qualified and is of good moral character, it is ordered that he take and subscrihe the oath of office, and that the clerk of this court record the admission of George Y. Warner. Whereupon the said George Y. Warner appeared in court and took and subscribed the oath prescribed by law."

The second resident lawyer was Hon. Flavius J. Littlejohn, whose prominent career in political, judicial and business life causes his name to be frequently mentioned in these pages. He was a resident here from 1836, but his early activity was directed more to official business and the affairs of the village than to legal practice.

Hovey K. Clark, who died at Detroit in July, i88g, aged seventy-seven years, and who was one of the most distinguished lawyers and political leaders of Michigan, practically began his career in Allegan. He was admitted to the bar here in 1837, when twenty-five years old, and was identified with the Boston and Allegan companies, being cashier of their Allegan Bank, an institution described on other pages. His name is signed in his official capacity to some of the bank notes issued by this concern.

Other early lawyers were DeWitt C. Chapin, at one time probate judge ; Theodore Chapin, Robert Goble, Gilbert Moyers and Henry C. Stoughton. men of more or less consequence in affairs as well as in the law. The last two were officers in the Civil war. In early days, much more than is the case now, lawyers from the older and more populous counties attended to the legal business of clients in Allegan county. The lawyers used to ride on horseback from one county to another on the large circuit, put up at the hotel and attend the session of court. They used to tell stories and have jolly social times, and circuit court sessions were more of an event than they are now. The peregrinations of the circuit court were accompanied by a large force of lawyers, and it thus happened that many lawyers from adjoining counties became almost as well known professionally in this county as the few who had their residence here.

The late William B. Williams, who.se career on the bench and in public affairs entitled him to a foremost place among Allegan county's citizens of the last century, began practice in Allegan in 1855, ranking second in seniority to Judge Littlejohn, and from 1880 until his death being the Nestor of the county bar. A contemporary of his was Elisha B. Bassett, who had been admitted to the bar in 1849, and was a figure in official and civic life at the middle of the century.

During the years following the location of Judge Williams at Allegan many well-known names were added to the county bar. The list of attornej'S of Allegan county since 1855, in order of their admission to the bar, have been :

Joseph Thew. father of the present attorney, held office of circuit court commissioner upwards of thirty years until his death. He was a legal student of wide learning and had a broad knowledge of public men and lawyers of national prominence.

General B. D. Pritchard, who was admitted in 1861 and became a partner of W. B. Williams soon after going to the war, has made a record ill banking more than in the law, his career being described elsewhere.

John W. Stone, county clerk, prosecuting attorney and partner of Judge Arnold, was a leading lawyer and was circuit judge imtil he resigned and located in Grand Rapids. He served two terms in Congress, was then federa' district attorney, and is now living in Marquette, Michigan, where he is circuit judge.

J. B, Humphrey, of the firm of Humphrey and Williams, served as probate judge and then served as assistant state treasurer, after which he located at Ironwood, Michigan. He died at Holland.

Philip Padgham. who is now serving his third term as circiiit judge, will at the close of his term have held the office longer than any previous inciimbent. He has been in practice in the county since 1868.

Richard L. Newnham held office as circuit court commissioner, was a leading citizen of Saugatuck. and finally removing to Grand Rapids, was superior court judge one term.

C. R. Wilkes, now leading lawyer with perhaps the largest practice in the coiuity. has practiced in the county for over twenty-five years. He has held office as prosecuting attorney two terms.

H. H. Pope, of Pope and Stuck, Pope and Hart, and now head of the firm of Pope, Thew and Thompson, has enjoyed a good practice for a number of years and is admittedly one of the thorough and able lawyers of the county.