Freeborn County, Minnesota - Chapter 35: Bench and Bar, 1911

Chapter 35: Bench and Bar

Henry A. Morgan Writes of Those Who Have Constituted the Courts and Legal Profession of Freeborn County - Judges Who Have Administered Equity and Justice in This County - Mem¬ bers of the Bar - Legal and Judicial Minds Whose Eloquence Have Been at the Disposal of Freeborn County Litigants - Other Matters - Drainage of Riceland Marsh.

By an act of congress passed February 26. 1857, the people of the territory of Minnesota were authorized to form a constitution and state government, preparatory to admission into the Union. A constitution was formed August 29. 1857, and submitted to a vote of the people October 13, 1857, and adopted. This constitu¬ tion divided the state into six judicial districts until the legis¬ lature should otherwise provide. The counties of Dakota, Goodhue, Scott, Rice, Steele, Waseca, Dodge, Mower and Freeborn were made to constitute the fifth judicial district. At the first election Hon. N. M. Donaldson, of Owatonna, was elected judge of the fifth judicial district and continued to preside until he was succeeded by Hon. Samuel Lord, of Mantorville, Dodge countv, Minnesota. January 1, 1872. Judge Donaldson was regarded as a fair, candid and dignified judge and highly esteemed by all who knew him or came in contact with him. He died at Owatonna a few years after his retirement from the bench. His successor, Hon. Samuel Lord, was a fair, impartial and able judge and gave general satisfaction, but presided in this county only for a short time for the reason that in 1872 a new district was created com¬ posed of the counties of Freeborn. Mower. Fillmore and Houston, which became and has ever since remained the tenth judicial dis¬ trict. Judge Lord, however, continued as judge of the fifth district, l^y successive elections, up to the time of his death in 1880.

At the fall election in 1872 Hon. Sherman Page, of Austin, was elected judge of the tenth judicial district and served as such during the full term of six vears. He was an able man. a lawyer, lacking, perhaps, judicial temperament, but his absolute honesty and integrity was never called in cpiestion. He was always bent on dispatching business and had no patience with dilatory tactics or delay and seemed to have no comprehension between dilatory tactics and good faith grounds for delay. His idea or motto seems to have been: "The case is called - you should and must be ready - no delay will be tolerated. ' ' At any rate, his methods were called in question on the twenty-eighth of February, 1878, when impeachment proceedings were instituted against him in the legislature of Minnesota, which resulted in a trial which is part of the history of this state, and justifies no further comment in this article than the fact that he was acquitted. The charges were preferred as state, and in June the result was declared in his favor. A fair verdict, perhaps, would read that an able lawyer proved to be a failure as a judge. However, after the impeachment trial and at the following election, he was a candi¬ date for re-election with Hon. John Q. Farmer, of Spring Valley, Fillmore county, as opponent. The election was characterized by partisanship and many personal animosities engendered by the taking of sides in the impeachment trial, but it must be said to the everlasting credit of the partisans that with very few and re¬ mote exceptions the hatchet was soon buried and has never since been resurrected in the judicial history of this county or district. Judge Farmer was elected and served with credit to himself and supreme satisfaction to all the people of the district, until he voluntarily retired at the end of his second term, in spite of the urgent and practically unanimous request of the bar of the district and all of the people without respect to party. It has been said that Judge Farmer was not a student. He was. He was a student of human nature ; he possessed good common sense ; he had a good grasp of the law; he was well equipped by ex¬ perience, precept and example to perform the work imposed up¬ on a judge on the bench and take off his coat and do the work on the farm and not only tell others how it should be done, but show them how to do it. This was Judge Farmer. He was an admir¬ able man, loved and admired by eATeryone. What he did not know in the technical sense - and it must not be said with or by any cer¬ tain authority that he did not possess all the technical knowledge essential to the station which he so highly adorned - he made up by the exercise of common sense and trying to reach and usually reaching the conclusion and result that what is law is justice, and what is not justice is not law, and his decisions were gener¬ ally sustained by the appellate courts.

Hon. John Whytock, of Albert Lea, Minn., was elected to suc¬ ceed Judge Farmer and served up to the time of his death. He was elected to succeed himself, but died before his new term of office was appointed to begin. He was in every sense a fairminded judge and well equipped for the position in a legal and

Hon. Nathan Kingsley, of Austin, Minn., was appointed by Governor Clough to succeed Judge AAJiytock, and by successive elections has held the position ever since. He is possessed of a keen and discriminating mind, a judicial temperament and that degree of impartiality essential to the position and the making of an ideal judge. He has served to the entire satisfaction of the bar and people of the district and has at all times been com¬ mended for his diligence and prompt disposition of all cases and matters presented to him or coming before him for judicial action.

The Bar

In fairness to all and "lest we forget" we present at the outstart the names of all the attorneys of Freeborn county, from the earliest days to the present time. This list is as complete as the records and available information can make it. No effort has been spared to make it perfect. The list follows :

A. B. Webber, J. U. Perry, A. P. Swineford, D. G. Parker, E. C. Stacv, John A. Lovely, AY. T. Rambush, Augustus Arm¬ strong, James H. Parker, A. AI. Tyrer, A. G. AA'edge, Thomas H. Armstrong, John AYhvtock, John Anderson, D. R. P. Hibbs, D. F. Morgan. 0. Mosness, Ira A. Town, Heman Blackmer, R. AI. Pal¬ mer, AY. C. McAdam, L. E. Dunn, E. A. Twitchell, AY. E. Todd, Henry A. Morgan, AYalter J. Trask, H. G. Day, W. AI. Crane, R. S. Clements, H. C. Carlson, R. S. Farnsworth, Edwin A. Church, H. II. Dunn, John F. D. Aleighen, John G. Skinner, C. E. Southwick, Clement S. Edwards, A. U. AIayland,? N. E. Peterson, Augustus Armstrong, T. AT. Knatvold, J. 0. Peterson, E. S. Gjellum, J. C. AIcNerny, AATn. F. Schoregge, AY. F. Stevens (all of Albert Lea) and A. II. Bartlett, Glenville, and H. B. Collins, H. G. Latourell and P. C. Cornish, Alden.

No pretense is here made of sketching biographically each member of the bar, and indeed the utter futility of such attempt must be apparent. In the first place accurate information is not available, and in the second place if it were the space required would extend this article beyond all reasonable limits. Such sketches as are here made are considered by the writer as sub¬ stantially accurate.

Augustus Armstrong, D. G. Parker, A. B. Webber, J. U. Perry and A. P. Swineford appear as the first practitioners in this county, and their active career as such appears to have com¬ menced at the September term, 1858. Law business was appar¬ ently slack, cases few and business light. AYhile "waiting for something to turn up'7 these gentlemen naturally, if not neces¬ sarily, sought other means of livelihood, and it does not appear that any one of them thereafter depended for existence upon the practice of law. Mr. Armstrong in form maintained a law office up to the time of his death, which occurred in August, 1873, but he was in no sense an active practitioner. He devoted his time and energies to real estate and to politics as a side line, and apparently made a success of both. He served terms in both branches of the legislature and left an estate that would seem to indicate that he was always "glancing ahead," instead of "look¬ ing backward," and had full faith in the future and stability of the community in which he lived. Mr. Parker was chief prose¬ cutor in the Kreigler case, of which more extended mention is made in this history. J. U. Perry was appointed as assistant. The case was tried at Owatonna, Steele county, on change of venue, tiie then district attorney, Perkins, of Faribault, and D. G. Parker and J. TJ. Perry acting for the state. Mr. Parker was the first county attorney, but soon after the expiration of his term he retired from practice and engaged in other business and by frugality and industry accumulated a large estate, but unfortu¬ nately lost the bulk of it in later years by improvident invest¬ ments in remote sections of the countrv, and died in Port Arthur, Texas, in 1908. A. B. Webber does not appear of record in any case of importance, but distinguished himself notably so as the proprietor of the old "AYebber House," one of the landmarks of the city of Albert Lea, situated on the corner now occupied by the Nelson Bros, store, the remains of the old structure having been removed to give way to this modern building. J. U. Perry does not appear to have continued in practice any great length of time, and the only important case in which he was engaged was the Kreigler case. So far as the court records are concerned, it does not appear that he practiced law here later than 1861. A. P. Swineford was admitted to practice at the September term, 1858, but his name does not appear in any litigation of public im¬ portance, and he soon engaged in other work and sought other environments, and became a national figure, serving as governor of Alaska for years and in many ways distinguished himself and made a commendable record which is a matter of state and na¬ tional history. E. C. Stacy was admitted to practice in 1859. He was a member of the constitutional convention and the first audi¬ tor of the county. He belonged to the old school of practitioners and continued for years as one of the leading lawyers of this sec¬ tion of the country, but quit the active court work about 1877. He was city justice of the city of Albert Lea continuously for up¬ wards of twenty years and held that position at the time of his death. John A. Lovely was admitted to the bar in Milwaukee, AVis., in 1864, came to Albert Lea in 1867. He was in partner¬ ship successively with AY. T. Rambush as Lovely & Rambush and James PI. Parker as Lovely & Parker, D. F. Alorgan as Lovely & Alorgan, D. F. Alorgan and Henry A. Alorgan as Lovely, Alorgan & Alorgan, and with AYalter J. Trask as Lovely & Trask, at St. Paul, Alinn., for about a year, and again with AY. H. Alerrick as Lovely & Alerrick, at Portland, Ore., for some months, and with C. S. Edwards, as Lovely & Edwards, at Albert Lea. before going upon the supreme bench after his election in 1898. After serving on the supreme bench for the term for which he was elected he returned to Albert Lea and entered into partnership with H. H.

. Dunn, as Lovely & Dunn, and continued the practice of law up to the time of his last illness, which resulted in his death on the 2Sth of January, 1908. He was connected with many notable cases. Pie was in every sense a trial lawyer, an advocate of the first class, and one of the most successful practitioners in the state. W. T. Rambush was not a trial lawyer, but an expert ab¬ stractor. but retired from the practice of law and removed from the state about 1874 and did not resume the practice in this state thereafter. James H. Parker came to Albert Lea from Red Wing and entered the practice of law in 1871, and continued in the practice until the fall of 1887, when he removed to the Pacific ( oast. He was recognized as one of the able lawyers of this sec¬ tion and commanded a lucrative practice at all times. He died at Hoquiam, AA^ash., in October, 1907. A. M. Tyrer came to Albert Lea from Xew A ork in the early seventies and entered into part¬ nership with E. C'. Stacy in the name of Stacy & Tyrer, which partnership continued until his death in June, 1880, the firm of firms of southern Alinnesota and Tyrer being one of the actual Dial lawyers ol this section. A. G. Wedge entered the arena in the late seventies and was at one time county attorney, but he was not regarded as a trial lawyer, but chiefly as a safe counsel¬ lor. He was city justice of the city for some time, but removed to Becker county several years ago and now resides in Alinneapolis. where he is still engaged m the practice of his profession. Thomas H. Armstrong came to Albert Lea from High Forest in 1874. He was admitted to the bar in Ohio in 1855. IPe served two terms in the lower house before coming to Albert Lea. once being speaker and one term as lieutenant governor. After remov¬ ing to Albert Lea he was twice chosen to represent Freeborn county in the state senate and was a member of that body at the lime of the Page impeachment trial. He never engaged in the practice of law in this county, but entered the banking business, and followed that occupation continuously up to the time of his death in December, 1891. John Whytock came to Albert Lea in 1878 and was actively engaged in the practice of law up to the time he was elected judge of the district court, which position he occupied at the time of his death in 1898. John Anderson lo¬ cated in Albert Lea in 1878 and continued to practice law in this city until 1906, when he moved to Devils Lake, N. D. During the time he resided in Albert Lea he was city attorney and held ether responsible positions. D. R. P. Hibbs was admitted to- the bar in 1874 and practiced until 1876, when he entered into part¬ nership with FT. D. Brown in the banking business and thereafter made the banking business his chief occupation and seldom ap¬ peared in court in contested cases, although he handled, in an advisory capacity the legal interests of H. D. Brown & Co., and the different hanks with which he became thereafter associated, including the Albert Lea National Bank and the Albert Lea State Bank. He died August 24, 1911. D. F. Morgan was admitted to the bar in 1878 and immediately entered into partnership with -John A. Lovely, which partnership continued until July 1885, when the name was changed to Lovely, Morgan & Morgan, by reason of Henry A. Morgan becoming a member of the firm. Un¬ der this firm name the partnership continued until 1891, when the firm was dissolved and D. F. Morgan moved to Mankato, and from there to Minneapolis, where he continued to practice law up to the time of his death in April, 1903. He was regarded as one of the ablest lawyers in the state ; was a member of the house of representatives from Freeborn county in 1889 and of the state senate from Hennepin county from 1895 to 1897. 0. Mosness located in Albert Lea in 1879 and remained here about three years, when he removed to Moorhead and never afterward re¬ sumed the practice of law in this county. Ira A. Town was a product of Freeborn county and opened a law office in Albert Lea about 1878; was elected judge of probate and served one term, and shortly thereafter removed to Tacoma, AYasli., where he suc¬ ceeded abundantly, both as a lawyer and as an investor, but met with misfortunes, resulting from the financial panic of 1892-3, but we understand always was able to make good. Heman Blackmer was admitted to the bar in 1873, was elected judge of probate in 1882, and served continuously as such judge until he was suc¬ ceeded by A. U. Mayland in 1909. except that W. C. McAdam was elected judge of probate and served about a year of his term, expired term. During the time mentioned he has been engaged when he resigned and Judge Blackmer was appointed for the un¬ in the active practice so far as his other duties would permit, and lias been connected with many cases of local importance. R. M. Palmer located in Albert Lea in the late seventies and was one of the recognized and promising attorneys of this section of the country and commanded a large and lucrative practice and had every promise of a successful career when he was accident¬ ally shot in 1883 by a companion while duck hunting at Bear Lake, and died from loss of blood before medical aid was obtain¬ able. He was at one time a member of the firm of Palmer & Mc- Adam, \Y. C. McAdam being the junior member of the firm. W. C. McAdam came to Albert Lea from New York about 1881 and shortly afterwards entered into partnership with R. M. Pal¬ mer, which partnership continued for about a year. McAdam was a literary individual and possessed of a great deal of political ambition, but never demonstrated any marked ability as a lawyer, but was more of an essayist than lawyer. He remained here for four or five years and was elected judge of probate, but resigned before the expiration of his term and removed from the city and state and never returned to resume the practice of his profession. Heman Blackmer was appointed to fill the unexpired term, and by successive elections held the office up to the time that he was succeeded by A. U. Mayland, as before stated. L. E. Dunn, E. A. Twitchell, E. S. Gjellum, J. F. McNerney, William Schoregge, W. F. Stevens and H. G. Day are entitled to be listed among, and their several names appear among the reputable lawyers of the county, but it does not appear that any of them engaged in the trial of any cases in court, but on the contrary Mr. Dunn and Mr. Twitchell were engaged exclusively in the real estate, insur¬ ance and loan business, and Mr. Gjellum and Mr. McNerney opened an office in 1883 and retired from the business as silentlv as they came, and Mr. Schoregge and Mr. Stevens were engaged exclusively in the collection business and no records are avail¬ able upon which to base further remark or comment. Mr. Day purchased the "Freeborn County Standard" in 1883 and has been engaged exclusively in the newspaper business ever since, al¬ though he is a recognized member of the bar of this county. W. E. Todd was a graduate of the University of Wisconsin; was ad¬ mitted to the bar in July, 1881, and located in Albert Lea in August of the same year, when he entered into partnership with E. C. Stacy under the firm name of Stacy & Todd. This partner¬ ship lasted but a few months, when he engaged in practice as an individual and shortly afterwards entered into partnership with John "Whvtock, under the firm name of Whytock & Todd. This partnership continued but a short time, and after its dissolution Mr. Todd practiced alone until the fall of 1897, when he entered into partnership with JI. C. Carlson, under the firm name of Todd

William E. Todd

& Carlson, Avhich partnership continued until his death in Novem¬ ber, 1899. Henry A. Morgan was admitted to the bar in May, 1885 ; entered into partnership with John A. Lovely and D. F. Morgan as the firm of Lovely, Morgan & Morgan in July of the same year and continued as such until 1891, when the firm was dissolved and he continued to practice alone, except for a few months in 1892 when he Avas in partnership Avith Walter J. Trask under the firm name of Morgan & Trask, until July, 1901, Avhen the partnership of Morgan & Meighen Avas formed, composed of Henry A. Morgan and John P. D. Meighen, AArhich partnership still exists. Walter J. Trask came to Albert Lea from St. Paul and entered into partnership with Henry A. Morgan under the firm name of Morgan & Trask, Avhicli partnership continued for six months, when Mr. Trask moved to Becker county and from there to Los Angeles, Cal., Avhere he continued the practice of his profession Avith marked success and ability until he Avas sud¬ denly stricken Avhile at work and died almost instantly in May, 1911. W. N. Crane Avas a product of Freeborn county and prac¬ ticed to a limited extent in the city, but never opened an indi¬ vidual office. He was city attorney for a term or two, but finally moved to Minot, N. D., where he successfully engaged in the practice of law. He died in the prime of life in the year 1909. R. S. Clements came to to Albert Lea from Wisconsin in the early nineties and was admitted to practice, and by close attention to business built up a very promising business. He Avas elected county attorney in 1898 and held the office for one term, and at the expiration of the term and on account of failing health moved Avest and located in Idaho, Avhere he has met Avith complete suc¬ cess. H. C. Carlson is another product of Freeborn county. He graduated from the George Washington University, of Washing¬ ton, D. C., in October, 1897, and immediately entered into part¬ nership with AY. E. Todd under the firm name of Todd & Carlson, and continued accordinglv until the death of Mr. Todd, Avhich occurred in November, 1899. AfterAvards he continued to prac¬ tice alone until a partnership was formed Avith H. H. Dunn in 1908 under the firm name of Dunn & Carlson, which partnership now exists. He has long since been recognized as one of the able attorneys of the state and has earned and well deserves the title of a first class trial lawyer. R. S. Farnsworth practiced laAV in Albert Lea for about five years and in 1901 moved to Ogden, Utah, Avhere he resumed the practice of laAV and is now located. . Edwin A. Church came to Albert Lea from Cresco, Iowa, and entered into partnership Avith AVarren Buel in the real estate business under the firm name of Church & Buel. His business Avas practically confined to real estate, and obtaining no law practice he returned to Cresco, Iowa, within a short time. H. H. Dunn located in Albert Lea in January, 1899, succeeding to the law practice of John A. Lovely, who was elected justice of the supreme court in the fall of the previous year. After the retire¬ ment of Judge Lovely from the supreme bench he entered into partnership with him and the firm name was Lovely & Dunn. The business was carried on up to the time of the last illness of Judge Lovely, which resulted in his death in January, 1908. Mr. Dunn came to Albert Lea from Fairmont, Minn., where he had gained an enviable reputation and made an enviable record as a practitioner. He has always commanded an extensive and lucrative practice and is listed among the ablest attorneys of the state. He served in the senate from Watonwan and Martin counties in the session of 1907 ; was elected mayor of Albert Lea in 1900, and was elected to the lower branch of the legislature from Freeborn county in 1910, and elected and served as speaker of the house during the succeeding session. John F. D. Meighen graduated from the University of Michigan in 1900 and was admitted to the bar in Michigan the same year. In February, 1901, he located in Albert Lea and after gaining the required residence was admitted to practice in Minnesota, and in July of the same year entered into partnership with Henry A. Morgan under the firm name of Morgan & Meighen, which partnership has continued to the present time. He is recognized as one of the able attorneys of the state and one of the most prudent, studious and careful lawyers to be found anywhere, and as a counsellor his opinions are regarded as safe, sound and reliable wherever he is known. John G. Skinner is another Freeborn county boy and made his way and launched into the practice of law in the city of Albert Lea in 1900; was elected city attorney and served for a term or two, also serving a term as county attorney. He engaged in general practice and was connected with numerous cases of importance until he obtained an appoint¬ ment as special counsel for the government in regard to land fraud cases, and as a result of such employment, requiring his attention in large sections of the west, he finally located at Helena, Mont., where he enjoys the benefit of a well earned prac¬ tice. C. E. Southwick located in Albert Lea several years ago, but made real estate his chief business. He was city attorney for a term or two, but soon apparently abandoned the law busi¬ ness here and returned to his former home and has not main¬ tained an office here for several years. A. U. Mayland was ad¬ mitted to practice in 1895 and located in Albert Lea in 1896 and immediately entered upon the active practice of his profession and by close application, industry and honesty and demonstrated ability has built up a lucrative practice and established an envi¬ able reputation. He served two terms as county attorney from 1901 to 1905. He was elected judge of probate in 1908, which position he now holds and has filled with marked credit to him¬ self and general satisfaction of everybody. In January, 1909, the partnership of Mayland & Peterson was formed, consisting of A. U. Mayland and J. 0. Peterson, which firm is doing a pros¬ perous business. N. E. Peterson is a graduate of the George Washington University of Washington, D. C., and is another Freeborn county product. He was admitted to practice in 1903 and elected county attorney in 1906 and by successive elections has held the office and is the present county attorney of this county. He has served the county with credit to himself and distinguished ability. He is regarded as imminently fair and enjoys the confidence and respect of all who know him. Augus¬ tus Armstrong, a son of the pioneer attorney of Freeborn county, was admitted to practice in 1900 and maintained an office and practiced law in this county for some time, but concluded to locate in the west and accordingly established himself in Seattle, Wash., where he has been engaged in the practice of his pro¬ fession and now commands a prosperous and successful business in his chosen profession and calling. T. V. Knatvold was ad¬ mitted to the bar in about 1904, and afterwards was in partner¬ ship with H. H. Dunn under the firm name of Dunn & Knatvold for some time and has since been and now is actively engaged in the practice of his profession in the city of Albert Lea and enjoys the respect and confidence of everyone. He represented Freeborn county in the state senate in the sessions of 1895-7-9 and 1901, and served with distinguished ability in that capacity. J. O. Peterson, present city attorney, was admitted to the bar in 1907 and located in Albert Lea in January, 1909, and entered into partnership with A. U. Mayland under the firm name of Mayland & Peterson. This firm is recognized as one of the reliable law firms of the county and Mr. Peterson is considered one of the promising attorneys of the county and regarded as trustworthy in every respect. A. H. Bartlett, of Glenville, and H. B. Collins, of Alden, were both practitioners of the old school, but seldom, if ever, appeared in district court in contested cases. They were counsellors and advisors but not trial lawyers. They neither encouraged nor discouraged strife among neighbors and friends. H. G. Latourell maintained an office at Alden for two or three years in the early nineties, but moved to Jackson county and has never returned to Freeborn county to resume the prac¬ tice. P. C. Cornish maintained a law office at Alden and prac¬ ticed in the county and for a number of years and engaged in the trial of cases of local importance and demonstrated considerable ability. In 1906 he removed to Jackson county and has not since engaged in the practice of law in this county.

The editors feel especially fortunate in having secured as the writer of this article, one who is not only recognized as the lead¬ ing attorney of Freeborn county, but one who since 1880 has been prominently identified with practically every important liti¬ gation in this part of southern Minnesota. In order that a more extended biography than he 'has given himself, be here preserved, the editors have secured the following sketch of his career:

Henry A. Morgan came to Albert Lea in 1880 as a clerk and stenographer in the law offices of Lovely & Morgan (John A. Lovely and D. F. Morgan), and studied law in that office. He was admitted to the bar in May, 1885, and in July became a member of the firm. Ever since that time he has been continu¬ ously engaged in active practice as a lawyer at Albert Lea. During 1889-1890 lie was city attorney at Albert Lea and from 1891 to 1899 the county attorney of Freeborn county. An excel¬ lent memory, an alert mind and an aggressive and essentially masculine make-up rendered him unusually successful as a prose¬ cutor. From 1901 to the present time he has been in partnership with John F. D. Meighen, under the firm name of Morgan & Meighen. His practice has been general, ranging from the in¬ ferior courts to the United States Supreme Court, but its heavy and exacting requirements have never marred his companionable disposition, deadened the ringing tones of his powerful voice or injured his ability to tell an apt story. He is an active member of the State Bar Association, and also a member of the National Bar Association. Few present day lawyers have had more part in forming the statute law of Minnesota. Not only during his term as state senator (1903-1907), but ever since first entering the profession, he has taken active part in formulating measures that have been incorporated into the settled law of the state. Matters ol game legislation, drainage legislation and court pro¬ cedure have received his especial attention. In 1889, when city attorney, he drafted a city charter for the city of Albert Lea, known by lawyers as Chapter 10 of the Special Laws of Min¬ nesota, 1889. This directed his attention to the question of municipal charters and local self government. As soon as the constitutional amendment permitting home rule charters in Min¬ nesota was adopted, in 1898, Mr. Morgan commenced urging the appointment of a charter commission to draft a home rule char- ter for the city of Albert Lea. This was done and he became an active and efficient member of the commission which drafted the charter adopted in 1902 by the voters and still in force. The provisions therein with reference to local improvements and fran¬ chises were nearly all prepared by him. At the time of its adoption he was mayor of the city of Albert Lea and his official certificate as such appears attached to the original duplicate copies of the charter filed as required by the state constitution in the office of the secretary of state and in the office of the city clerk. Ever since that time he has taken an active interest in the amendments that have been made and is now president of the charter commission. Henry Augustus Morgan was born in Clarinda, Page county, Iowa, March 14, 1863, son of Harley Mor¬ gan and Ruth Dupray Morgan, his wife, both of Vermont, and descended from original Welch and Huguenot stock. He re¬ ceived his early education in the graded schools of Hesper, Iowa, and in the Albert Lea high school, from which he gradu¬ ated in 1882. As already related he has devoted his life to the practice of law. He has been a director in the Albert Lea State Bank since its organization. Fraternally he was a charter mem¬ ber of the local Knights of Pythias Lodge, and he also belongs to the Blue Lodge, Chapter and Commandery of the Masonic body, as well as to the Royal Arcanum. For the past twenty-five years he has been a leading spirit in all organizations for the better¬ ment of civic and business conditions, being at present a member of the Business Men's League. September 1, 1886, he married Helen A. Hall, daughter of Albert and Anna P. (Parker) Hall, natives of Maine, and this union has been blessed with two chil¬ dren : Philip, who died when 7 years of age, and Barbara J.

The Drainage Of The Riceland Marsh

At the county fair in September, 1910, a crowd of spectators was ever present about one of the exhibits. The flax, corn, sugar beets, beans, potatoes and other vegetables composing it were excellent specimens and attractive in themselves, but the par¬ ticular object most viewed was a large placard announcing that the entire exhibit had been grown by C. U. Christensen, a farmer of Riceland Township, in the bed of Rice Lake, where up to the year before the musk rats and wild ducks had ruled for cen¬ turies. Then, too, the news was being passed about that P. D. McMillen was about to market $12,000 worth of flax raised that year on 200 acres of the marsh land east of Rice Lake. For years conservatives had insisted' that Rice Lake with the surrounding Geneva-Riceland-Moscow Siarsh could never be successfully drained. Here was the cAAcrete answer.

Trior to 1901 the draiAage laws of Minnesota were somewhat meager, but in that year the legislature provided a complete sys¬ tem for ditches to be built under the direction of the public authorities at the cost of the benefited lands. In the towns of Geneva, Riceland and Moscow was a marsh of some 15,000 acres, useless except during unusually dry seasons. A large portion of this was owned by P. D. McMillen, of Minneapolis, and by Mrs. Mary J. Barber and B. H. Barber, both of Polo, Ill., who had, during prior years, carefully investigated the drainage prob¬ lem and fully satisfied themselves that it was practical to turn this marsh land into the best of farm land.

On September 26, 1901, a petition headed by the signature of Kenneth MacRae and signed by several land owners was filed m the county auditor's office initiating the drainage proceeding known as County Ditch No. 2. and asking for the appointment corner of the county and the county commissioners who were to hear and pass upon the petition were deluged with objections. A citizen of Twin Lakes asserted in a newspaper communication that the drainage of our marshes would diminish the rainfall and make Freeborn county a desert. Today, after the lapse of ten years, most of these objections seem highly amusing, but at that time they were seriously urged. On March 11, 1902, at the annual town meeting in Carlston it was ''On motion resolved, by a unanimous vote of the legal voters of said town of Carlston, that we are opposed to the county commissioners letting the con¬ tract for draining Rice Lake and big swamps in the county of Freeborn/' On the same dav the voters of the town of Havward, by a solemn resolution in writing made known "That we are opposed to bonding said county for any private enterprise whatever and that we are opposed to bonding said county for the purpose of draining what is known as Rice Lake in said countv, and if the county commissioners of said county grant the peti¬ tion for draining said Rice Lake, we condemn such action." In 1 lie town of Manchester on that town meeting day, lengthy reso¬ lutions were adopted urgently requesting the county commis¬ sioners "To do all in their power to prevent the construction of said ditch and thereby save the county from expensive litigation and burdensome taxes" and setting forth that the proposed ditch would solely and alone redound to the gain of private indi¬ viduals. One taxpayer in Alden filed his individual written pro¬ test and recited as his objection that "It will be only the beginning of similar propositions, as there is hardly a township in the county but that will petition yc r honorable board for the establishing of a drain within its bord s. " In Albert Lea Town¬ ship fifty-seven of the leading freeholders petitioned the county . board "That you cease all efforts to ditch what is known as the Riceland Marsh and we hereby protest against such ditching as being unwise and unjust. We feel that it is not wise to loan public credit for the exclusive benefit of a few speculators who hope to enhance the value of their nearly worthless lands by the aid only of public works. We feel it is very unjust to entail a lien on our property without our consent. That to bond our county, as will be necessary, the financial world will look with suspicion on all municipal loans offered from this county." In the town of Mansfield a resolution was adopted at that same spring town meeting in these words: "Whereas, the Board of County Commissioners is about to bond the county of Freeborn for the purpose of draining private lands ; therefore we legal voters in the town of Mansfield, in annual meeting assembled, do hereby protest against, and object to, such action." Sixty-eight taxpayers of Bancroft filed a written protest, saying: "Our op¬ position is based on our belief that the damages caused by its construction will be greater than the benefits accruing there¬ from and that in manj^ respects the ditch is impracticable. The present population of Freeborn eounty is not in need of more lands to till, but in need of more laborers to till the present area of land that is fit for cultivation. That will be a great damage to the towns through which the ditch will pass, as it will be necessary for them to tax themselves to the utmost limits of the law in order to build roads and maintain bridges across the ditches, and considering the character of the soil these roads will be a perpetual annoyance and expense and will require, to a great extent, aid from the eounty." In the town of Alden a resolution was adopted by unanimous vote of the electors at the annual town meeting and to make it even more forceful seventyone taxpayers affixed their signatures thereto. It petitioned "against the issue of bonds or the assuming of any obligation whatever in regard to the construction of any ditch under the drainage laws of Minnesota, and do hereby respectfully ask that your honorable board refuse the prayer of the petition before you regarding the construction of the same. And in case any litigation might arise from your refusal to grant said petition we do hereby declare that we will cheerfully pay our respective share of whatever expense may accrue from such action on said petition." In passing it may be remarked that although the county records show that considerable expense resulted from the refusal to grant the petition, the records do not indicate any especial activity in the town of Alden toward sharing payment of such expenses. In Shell Rock the vote stood forty-two to nothing in favor of a motion unanimously opposing the bonding of the county for drainage purposes. Pickerel Lake likewise registered its vigorous opposition. The feeling of many was ex¬ pressed by an attorney for the county who said in argument: legislature. Old McMillen's boast and brag was, 'I have got a law now so that you have got to lay that ditch.' * * * There is not a sensible minded person in Freeborn county who is not opposed to that ditch. * * * The 1902 amendment denying appeal from -an order laying a ditch is corrupt, venal legisla¬ tion.*' Much of the same state of mind existed in the town of London, where it was resolved, "That the town of London pro¬ test agaiust the construction of the proposed Riceland-Moscow ditch ( and that there he a few cuss words interlined for them that favor it)

One of the viewers, T. P. Jensen, a shoe merchant residing in Ihe city of Albert Lea, reported favorably to the proposed ditch. He estimated the total benefits at $255,692.50 and the total of construction, including damages for right of way, at $150,734.80. The other two viewers were both farmers and reported that the benefits would be far less than the cost of construction, and that the construction of the ditch was impracticable. At the final hearing before the Board of County Commissioners it was seri¬ ously urged that such large deposits of quicksand existed that the ditch could not be constructed, and by a vote of four to one the county board turned down the petition, A. G. Brundin, the city member, being the only commissioner who voted "aye.''

Land owners owning approximately 75 per cent of the bene¬ fited lands appealed to the District Court. Judge Kingsley granted a motion to dismiss the appeal in January, 1904, but in July, 1904, the Supreme Court reversed his decision and ordered a trial, which was had in January, 1905, Judge O. B. Lewis, of , u ty , actm g as the trial judge. The county board headed the fight against the ditch and employed attorneys to assist the county attorney in defending their action. Many legal questions were raised, but the trial came to an end because it v as discovered that in the printing of the second notice the names of certain land owners -had been omitted.

In January, 1906, a new petition, headed by Hans J. Eid and signed v holly by local men, was filed. It had been circulated by Levis A. Brown, ol the city of Albert Lea. This time the pro¬ ceeding was known as Judicial Ditch No. 1. The intervening years had educated the public greatly on the question of ditches. Many of the most active opponents had been converted into equally active friends. A number of the legal questions had been removed by amendments to the drainage law during the session, of 1905. The objections from Mower county were obviated by extending the ditch over two miles further down the line of Turtle Creek. The fears that it would drain Geneva Lake were obviated by providing for retaining works at the outlet of the lake. The second proceeding was addressed directly to the judge of the District Court and did not come before the county -com¬ missioners for action. No particular opposition was made and the proceeding had only the usual incidents of work of such mag¬ nitude. Pursuant to the order of the court, made in March, 1907, establishing the ditch the contract was let on April 4, 1907, and the ditch was built during the years 1907-1908 and 1909.

The number of cubic yards in the ditch as finally constructed was 1,739,799: the yardage in the original proceeding, County Ditch No. 2, was 1,333,497. The increase in yardage resulted from the extension of the main line into Mower county.

Particular credit for this magnificent public improvement is due to B. FI. Barber, of Polo, Ill., and to P. D. McMillen. The faith of the former in the ultimate success of the enterprise is well illustrated in a communication sent by him to the county board March 23, 1903, in which he offers to give bond to pay all his assessments as rapidly as they become due, regardless of whether or not the drainage system is a success, and further offers to purchase any and all lands of reliction lying within the meander line of Eice Lake that may be sold for non-payment of the assessments against them. Mr. McMillen 's farm has become one of the prize farms of southern Minnesota; its subsoil of fuller's earth has attracted wide attention and many of the lead¬ ing agricultural experts of the county have visited it and praised its marvelous productive power. The much talked of beds of quicksand never stopped the course of ditch construction. No lands assessed have ever been sold for non-payment of assess¬ ments ; the financial credit of the county has not been injured and the many objections haxe faded into nothingness.

The bottom width of the ditch as constructed runs from six feet in width on one lateral branch to sixty feet in width for the last 15,600 feet of the main line. The main line is 93,500 feet in length. There are nine lateral branches, the shortest being 1,200 feet long and the longest 20,500 feet long. The fall for the first 8,000 feet is 3.69 feet per mile and for the balance of the main line 9.5 inches per mile.

sections of most fertile soil to Freeborn county, would be incom¬ plete without mention of drainage engineer J. W. Dappert, of Taylorville, Ill., who after an exhaustive study of this marsh area in different seasons made the plans and specifications for this successful project; Frank H. Fisk, who acted as assistant engineer; John Frank, of LeRoy township in Mower county; W. H. Miller, of Freeborn township, and John Bergeson, of Lon¬ don township, who composed the board of viewers, each deserve great credit for their respective labors toward the same end.

[Note. - This able article on The Drainage of Riceland Marsh was prepared by John F. D. Meighen, of the firm of Morgan & Meighen, attorneys, who have been prominently identified with the legal and statutory aspects of the drainage ditch proposi¬ tion.]