Springfield Township (part 48 of 69)

Those at the helm of the Clark County Chapter American Red Cross were : Chairman, Joseph B. Cartmell ; vice chairman, Mrs. H. H. Bean ; treasurer, Harlan C. West; secretary, John M. Cole, and the following directors* Mrs. W. S. Thomas, Mrs. W. W. Keifer, Dr. C. L. Minor, Max L. Kleeman, Mrs. Samuel Altschul, John L. Bushnell, Dr. Bennetta D. Titlow, Mrs. E. S. Kelly, A. L. Beaupain, W. C. Hewitt, Dr. C. G. Heckert, George M. Winwood, Jr., H. E. Freeman, Charles E. Ashburner, Rev. D. A. Buckley and J. E. Bowman. As the chairman, it is said that Mr. Cartmell did not say "go" to his associates, but that when busy himself he said "come" to them, and while the local chapter American Red Cross received $350,000 from Clark County, $90,000 went direct to the national headquarters in Washington.

The Clark County Chapter used $10,000 a year in. helping disabled service men and their families. There were 125 working organizations in the county, the main chapter occupying an entire building in the downtown section of Springfield. While all surgical dressings and most of the garments were made at headquarters, some of the garments and most of the knitting was done at the homes of the workers and in the different auxiliaries scattered over "the county. The rural response was as good as in the towns. There were 18,000 Red Cross members, and many continue their dues since the war. The church responded to the call of patriotism, ninety-five percent of the Red Cross workers being church members. Mrs. Elizabeth Coberly of South Vienna, the oldest woman in Clark County, distinguished herself both in the Red Cross workshop and in the War Savings, offering her money without solicitation. She knit many pairs of socks for the soldiers.

The activities of the Clark County Chapter of the American Red Cross was recognized at the National Headquarters, and Mr. Cartmell says: "It was a wonderful group of workers." There never was a time when too much was asked of Clark County women ; they abandoned all social activities, moved by the purpose of winning the war. The Red Cross workshops made 31,487 garments, 9,167 knitted pieces, 36,088 pieces of hospital supplies, and 287,176 pieces of surgical dressings Mrs. E. P. Ross had charge of the surgical dressings and while sanitary precautions were observed, this department was regarded as the most particular; not all the women learned to make them. While the men financed the war and the young men enlisted in it, the womanhood of Clark County responded just as valiantly and as gallantly. With sons in the trenches why would not Clark County mothers frequent the Red Cross work shops? The woman who demanded wheat bread for herself because she had given her sons to the service, did not hail from Clark County.

While there were 18,000 members of the Red Cross in Clark County at one time the Springfield Chapter cared for 5,000 "flu" patients. The city hospital is not open to epidemic diseases, and three emergency hospitals were organized in St. Raphaels and St. Joseph schools and in the Sunday School room of Christ Episcopal Church, all centrally located and open to all, and Springfield chapter equipped quarters in Wittenberg

College for the care of the S. A. T. C. and on every side it was demonstrated that the American Red Cross is the best mother in the world. The schools and churches were closed, and for ninety days the Red Cross cared for the "flu" victims; some of the most active workers died while ministering to others in the service. While relief agencies were better systematized in the World war, the Sanitary Commission of Springfield received a flag in recognition of its services in the Civil war. They sent many boxes of linen to the front, and daughters of some of those Civil war mothers went regularly to the Red Cross work shops.

There has been a growing need of Red Cross activities ever since the organization was established by Clara Barton. It does not confine its operations to wartime conditions, and the payment of $1 by all who enrolled in war time will enable the Red Cross to continue its service. The army of disabled soldiers is growing, since in 1919 it numbered 3,300; in 1920 it had reached 17,500, and in 1921 it numbered 26,300 World war disabled soldiers. They are all in government hospitals, and the American Red Cross ministers to them. Clark County activities arfe directed by the Home Service section and are mostly among disabled ex-service men, securing compensation, placing them in vocational training, finding positions and aiding them in other ways, and with W. W. Keifer as chairman the fifth annual roll call was begun on Armistice Day and continued from day to day, the people urged to give their money without waiting for a personal request. The sale of Red Cross seals at Christmas time always meets with response in Springfield and throughout Clark County. The custom was instituted in 1908 and since penny seals may be had by all. The fight against tuberculosis is carried to many households, the sale being a volunteer service.

W. W. Diehl, commander of the George Cultice Post, American Legion, in Springfield, says that many Clark County soldiers have filed their application for bonus, the members of the Clark County Bar assisting them gratuitously, the purpose of the bonus being to adjust the economic disadvantages that fell upon the soldiers and sailors, and while General Pershing places Major Charles S. Whittlesey and Sergeants Alvin York and Samuel Woodfill in front rank as World war heroes, it is said that heroic exploits were the rule rather than the exception. Wittenberg College recently received a communication from the War Department commending the loyal service rendered to the Students Army Training Corps stationed there, the local unit being composed of about 250 men who underwent a course of military training almost equal to that given at West Point Military Academy. The 9,000 school children of Springfield accepted the quota of $20 each, and through the purchase of Thrift Stamps they raised $180,000, the school leading for the month having a flag, and the final winner was the Lincoln School, where the flag remains because the contest ended, the money having been given to the Clark County War Service organization.

Little did the people of Clark County think what the murder of an Austrian Prince in the summer of 1914 would mean to them. They rested secure in their remoteness ; the farmer continued to till his fields ; the laborer remained at his employment, and the business or professional man followed his usual routine with undisturbed equanimity. The preparation for war in Europe did not concern Clark County until one nation after another was declaring war against Germany and far-seeing Americans began to realize the possibility of this nation participating in it, although a campaign cry in 1916 had been: "He kept us out of war." History does not record another struggle of man against his brother of equal magnitude with the World war. The world wars before the beginning of the Christian era were small as compared with it.

The conquests of Alexander were not in a class with the ambitions of Germany; while the Romans once swayed the world, most of their great battles pale into insignificance in comparison with the recent struggles on European battlefields. Their successes had resulted from trained and disciplined legions, armed with superior weapons, against halfsavage, poorly disciplined and inadequately armed adversaries. Where thousands had engaged in mortal combat, the World war numbered millions, and the soldiers on both sides were equipped with the latest death-dealing devices known to modern warfare. It was clearly a case of diamond cut diamond, although the armed soldiers only numbered about one-fifth of the actual mobilization. The remotest village and farm contributed its quota, and some one writes that when the World war began America was over-run with tramps and that the "work or fight" policy rid the country of them. However, reconstruction finds many idle men in the country, and wearing uniforms most people are moved to sympathy. As a resume of tramp history, it is said that until after the Centennial Exposition in Philadelphia the genus hobo was unknown in this country. The "flop houses" have been installed again in Springfield, but industrial conditions have something to do with the question.

There were not many conscientious objectors and a fine spirit of patriotism was manifested by the young men within the draft age in Clark County. After the United States declared war against Germany all recruiting stations were closed and the local draft board handled the situation in order to avoid misunderstandings and confusion. While the boys enlisted for service, when the armistice was signed they wanted out of it. They tell the story of the Negro who broke ranks, and when questioned by an officer, he answered: "I 'listed fo' de duration o' de wa', and now Ps gwine back to Alabam'," and it was an unhappy aftermath. The boys no longer needed on the firing line were needed at home, and the slow process was a test of patriotism. The red tape of the War Department exasperated the home folk as well, and when at the Disarmament Conference Secretary of State Charles Evans Hughes fired another shot that was heard around the world - the cessation of naval activities - it seemed like the beginning of the end of warfare, and were the heroic dead able to speak they would ask for an international peace.

While humanity is thinking of peace, wars come and go and again the world is a half -wrecked civilization. While Europe had preserved peace through the balance of power, the great war demonstrated the futility of such theory. As the war drew to a close there was a widespread hope, based on the passionate desire that from the ashes of so much sacrifice there would arise a new world filled with righteousness. Into the maelstrom of war had gone the youth of the world with amazing prodigality, notwithstanding the prophesy of Isaiah: "Nation shall not lift up sword against nation."

With an army of 81,000 Gold Star Mothers in the United States, and the World war costing: $186,000,000,000. and the National debt increased to $24,974,000,000 because of it ; with the killed in battle num- bering 19,658,000, and the deaths from famine and disease reaching 30,470,000, why should not the world listen to Lord Bryce when he said : "If we do not destroy war. war. will destroy us." A final summary shows that the United States enrolled 5,016,832 men and women in military service during the World war - more soldiers than the entire population of North America at the time of the Revolutionary war - and in the face of it all unemployed men between the ages of eighteen and thirty-five are again offered an opportunity to join the United States Army. "Coming as it does at a time of industrial depression, the announcement of army recruiting is welcome in many sections." The sale of poppies and Forget-Me-Not tags - something in soldier welfare necessary - and more young men entering the army.

While the World war slogan of the Americans was "Let's go," and the English motto was : "Carry on," it was the French who said : "They shall not pass," and now the French uniform of horizon blue is replaced by the khaki of the American soldiers. A number of Springfield service men visited other cities in order to see Marshal Foch when touring this country, and yet some one says: "The war of yesterday has hardly ended than it has become necessary to think of the war of tomorrow." On the third anniversary of the Armistice, America heaped the honors upon an unknown soldier who gave his life for his country on a foreign battlefield, and the whole world looks forward to a time when war will be no more, but until the end of time tribute should be paid to those who gave their all in defense of the liberties of mankind. It is because Americans love their country, and have been willing to give their lives for it, that the United States exists today as the hope of the world.

Chapter Xxxvi

The story of the bench and the bar in Clark County is contemporary with the county history. The first case in the Clark County court was scheduled in the April term, 1818, and it was brought by John S. Wallace against William Ross and Jason B. Coleman. The action was taken to collect a promissory note, and the attorney bringing the suit was James Conley. The judges were Daniel McKennon, Joseph Tatman and Joseph Layton, none of them Clark County bonafide citizens.

It was Southey who said: "The laws are with us and God is on our side," and since then it has been the mission of jurists to prove the assertion. The law literature of Ohio is abundant, and it has been accumulating since Judge Timothy Walker of Cincinnati wrote "The American Law." Chief Justice John Marshall of the United States Supreme Court once said of this country: "A government of laws and not of men," and there must be some one to interpret the laws - hence the Springfield lawyers. It was Tom Corwin who said: "You never know how a jury will decide," and Judge F. W. Geiger told the Clark County Bar Association they were all playing for different things. When they do not get all they want in court they sometimes delay its progress - the mills of the gods grind slow under such circumstances.

Before entering upon the practice of law in Clark County, the candidate must pass the state bar examination; he must show literary qualifications equal to three years of high school training; he must register as a law student three years before he is admitted to the Clark County bar; however, the requirements were not always so stringent. The Clark County Bar Association meets on the first Monday evening of each month, and each Monday is recognized as motion day before the court. There are more than 100 lawyers at the Clark County bar, some partnerships and some practicing alone. There are some strong legal combinations, the lawyers of today having educational advantages not enjoyed by their fathers, and yet in some of the father-and-son combinations there are fathers who have degrees from college.

The 1921 organization of the Clark County Bar Association is: President, Elza F. McKee; vice president, C. S. Olinger; secretary, Harry Hull, and treasurer, O. L. McKinney, and in annual meeting the entire roster was continued although a question was raised about the organization. While two names had been used, it was decided that the Springfield Bar and Library Association was the legal name, such organization having established and maintained a law library. Under the rules, only members of the Springfield Bar and Library Association are entitled to the use of the library. The Clark County Bar Association members may take a $50 share of stock, and pay an annual $5 assessment and enjoy the privilege of the law library, and in that way it would automatically resolve itself into one organization. Many members of the bar did not understand the two organizations and since all want law library privileges they were given an opportunity of taking stock. Olie V. Gregory, librarian, reported $16,500 insurance on the library. Until the question was raised only about twenty-five attorneys held stock in the library. When the Common Pleas Court was located in Memorial Hall the law library as secured from the burning Clark County Court House four years ago, was also opened there. All of the Ohio reports and those of nearby states are found in it, and through its use the individual attorney does not require such an extensive and expensive working library. While books may be removed, the borrower must leave a card covering his obligation.

Along with other commodities, the law has been commercialized and attorneys must make money. It has been defined as a "hocus pocus science which smiles in your face while it picks your pockets," and again the lawyers say it is not their mission to tell their clients what they cannot do. but to get them out of their difficulties after they have done certain things. President Lincoln once said: "In law it is a good policy never to plead what you need not, lest you oblige yourself to prove what you cannot," and thus unnecessary confusion is saved the witness. There is an Arabian proverb: "A secret is in my custody if I keep it; but should it escape me, it is I who am the prisoner," and from the same source comes the statement: "A lawyer without history or literature is a mechanic, a mere working mason ; if he possess some knowledge of these, he may venture to call himself an architect."

Gen. J. Warren Keifer, who has reflected honor on the Clark County bar by serving as speaker of the National House of Representatives for many years, says that education for the practice of law includes knowledge of almost all subjects: ancient, modern, literary, scientific, biological, historical, etc., and that continued close application to study is necessary. It is said that when General Keifer was speaker the Premier of England, William E. Gladstone, while in the House of Commons cited and adopted one of his decisions - the rule of cloture, which is a most useful thing to a presiding officer - the right to close debate, cutting off obstructive motions and bringing the house to an immediate vote on the main question. It was a compliment never before paid to an American parliamentarian by an Englishman. It was while the local militaryjurist was a member of the Forty-seventh Congress.

It has been the privilege of the Clark County bar to furnish three of its members to sit on the bench in the Supreme Court of Ohio, Judge William White of Springfield occupying that exalted position nineteen years. A second decisive honor was conferred upon Judge White. when he was elected judge in the United States District Court, but he died before ascending the bench. Judge A. N. Summers was on the bench of the Ohio Supreme Court seven years, and since 1911 Judge James C. Johnson is one of the six judges who assume the court regalia and determine matters of statewide importance. While it is an English custom, the Ohio Supreme Court judges appear in flowing robes, although they do not affect the wigs worn by English jurists. As did his predecessors, Judge Johnson maintains his legal residence in Springfield. Clark County now has two judges holding court outside, Judge Albert H. Kunkle of the Appellate Court being in Springfield in turn with other counties.

corporation lawyer in Springfield. They were organized to expand the business of the community, and with them he had great opportunity. William F. Devitt, who for years was private secretary to William N. Whitely, holds the record as Clark County court stenographer. He was among the earliest shorthand writers in Springfield, and he was court stenographer from December, 1889, until May, 1910, and in twenty-one years he listened to many arguments. There used to be spell-binders in court, but since the advent of the daily newspaper the jurors are better informed and they are not influenced by oratory.

While the jurors read the newspapers, they did not accept all they read as facts and many of them easily qualify as jurors. While jury service is sometimes irksome, the crippled arm of justice is explained through the want of competent jurors; the better the type of juror, the quicker he is discarded by the criminal type of lawyer. When reputable, intelligent citizens avoid jury service it is not difficult for the criminal to secure a jury suited to his requirements. Business corporations are beginning to recognize the need of competent jurors if law enforcement is to be possible, and while legal exemptions are numerous there is a revolution of opinion relative to jury service. The professional juror does not stand much show in Clark County ; the time was when men with time on their hands frequented the court room, hoping to be drawn for jury service.

When women were first admitted to jury service in the September term of the Clark County court, 1920. five names were drawn from the wheel and Miss Leona Yeazell, custodian of Memorial Hall, where court was being held, was an emergency jury woman. There were six women and six men, and the case was a woman against a man. The opposing attorneys were John L. Zimmerman and Horace Stafford, and while the woman won the women jurors did not all support her. Early in the history of women as jurymen three women were named as members of the grand jury : Laura Neer, Anna Whitely and Mabel Jones. In these days jurors discuss the sub-conscious mind, and some witnesses understand psychology, and with a jury informed on the issues of the case there is little left to the lawyer but its logical presentation. When lawyers were recognized as orators there was little telegraph news available in daily papers, and it was first hand information when testimony was heard in court.

Once upon a time the lawyers at the Clark County bar were in demand as platform orators, and they discussed the slavery question and sometimes the temperance question ; they discussed the tariff, and placed a more or less rigid interpretation or construction on the Constitution of the state or nation. While there is just as much brain force in the Clark County bar today, its environment has changed; the intelligent reader has the same opportunity of investigation, and the sagacious lawyer realizes his limitations; the printed page has robbed him of his thunder, and eloquence does not always rescue him from oblivion. While Springfield lawyers are known on the lecture platform, they are handicapped over the lawyers of past generations; they cannot repeat their addresses indefinitely. A number of Springfield lawyers have distinguished themselves before the local civic and literary clubs ; they have

While there are criminal and advisory lawyers who do not appear in court, in Springfield are corporation and private lawyers who have accumulated considerable property, and it is understood there is not a lawyer at the bar who would not offer $2 worth more counsel when asked to take a $3 fee out of a $5 bill, were such an emergency confronting him ; the average Clark County lawyer takes care of himself in the matter of charges for his services. A man looking back over the years said there had been distinguished lawyers at the Clark County bar, and in an assembly Judge F. M. Hagan once paid tribute to the pioneers, saying: "An American traveler of rare discrimination toured the world to test for himself the comparative merits of each region as a place of residence. %

"Returning to his own land the traveler wrote a book in which he stoutly declared that all things considered, the portion of this planet embraced within the Miami Valleys is, because of its natural resources and beauty and the intelligence, thrift, morality and progress of its people, the best place on earth for human habitation. So it is a good thing to be born and live in Clark County, one of the magnificent cluster of counties constituting this favored region where one finds opportunity and incentive. My theme is to tell the traits of some of the lawyers of Clark County; the time and occasion bids me to limit my discussion to the lawyers of the past and to briefly tell of their characteristics. Were I to enlarge the theme, there would be matter for eloquence in telling about the present bar of Clark County, whose leaders are achieving success in the practice of their profession or filling with honor and ability high judicial positions.

"Transitory indeed is the fame of lawyers won in the practice, resting as it does mainly in the memory of their associates. Of all the first generation of Clark County lawyers, but one member of that bar who. was their contemporary for a few years is now living, and he is with us tonight. He is a veteran of two wars, renowned as a lawyer, soldier and statesman who at nearly four score years practices his profession with unabated vigor ; we greet him in the person of Gen. Joseph Warren Keifer." (After passing his eighty-sixth birthday, the same may be said of General Keifer.) Judge Hagan limits his observations to a group of lawyers with whom he had personal acquaintance: William White, Samuel Shellabarger, Samuel A. Bowman and Oscar T. Martin.

"William White, who was eight years at the Clark County bar, was for another eight years judge of the Common Pleas Court, and for nineteen years a judge in the Supreme Court of Ohio, and in its reports his opinions are monuments to him. They repay study for the broad perception of justice and equity which they display, with painstaking care and conscientious devotion to duty, as well as the choice diction in which they are couched. Here was a great and gentle spirit unawed by power and unseduced by gain, filled only with a sense of duty whose private life was as sweet and lovely as his public career was honorable. Judge White was called from the Supreme bench to a Federal court, but he was stricken by death before entering the latter sphere.

"There comes to my mind the great figure of Samuel Shellabarger - a native of Clark County - raising himself by his own unaided efforts from humble environment to the first rank of lawyers and statesmen.

As a lawyer his early career was in the State and Federal courts in Ohio, in the closing years of his life it was in the various courts at Washington, and largely in the Supreme Court of the United States. Mr. Shellabarger did not have a quick mind but a profound one; he was eminently a man of logic, second to no other. Having chosen his premises he moved with irresistible force to a sound conclusion. If ever a man practiced law because he loved to do it, that was Samuel Shellabarger. If in his judgment it was necessary, he devoted as much time in preparing and trying a case involving $100 as one involving $10,000, and as a member of Congress his legal powers were shown in framing the great reconstruction acts, together with Thaddeus Stevens and Charles Sumner. As a lawyer of power, dignity and success he had few peers in all this land," and while Mr. Shellabarger died in Washington he lies buried in Ferncliff. While he made speeches in the Civil war, his last address in Springfield was in connection with the dedication of the Warder Library.

"Another of the great figures at the Clark County bar and in the Federal and other courts of Ohio was Samuel A. Bowman, whose life was mainly spent in Clark County. He was the opposite in intellectual traits and methods from Mr. Shellabarger. Mr. Bowman did not like the ordinary tedium of the law ; it required a crisis to arouse his energy into high action. He had a quick, profound mind, and in addition to acquired knowledge he had an intuitive perception of legal principles and their correct application to concrete cases, such as distinguished that eminent Ohio lawyer, Rufus P. Ranney. When a great question confronted him in his office or at the bar, he seemed to grasp and master it and to be able to throw a flood of light through the darkest recesses of all of its complications. Samuel A. Bowman never held a public office, nor did he cultivate the grace which brings public admiration. Because of this he was not so widely known in the State of Ohio as many men of lesser merit, but he ranked and ought to rank for all time as one of its greatest lawyers.

"The last to whom I shall pay my humble tribute - Oscar T. Martin - is one who passed away but a little while ago, after an active life in the profession in the county of his birth of nearly forty years' duration. He was of a different type from any of those whom I have mentioned; a man of perpetual study, given to the greatest care in small or great matters; systematical and methodical in the highest degree; honorable in all his dealings; filled with the pride of his profession; he was a typical American business lawyer, prepared for any duty which confronted him in his profession. Mr. Martin never held or aspired to any public position ; nothing is more fleeting than the reputation of a lawyer who has not held a high judicial position or mingled statesmanship with law. It may be said with peculiar force of our profession as was said by a poet of all men:

"We pass ; the path which each man trod is dimmed, Or soon shall dim with weeds; What is there left of human deeds in endless years? It rests with God."

ceeding generation to have preserved in some imperishable form the traits of the great and honored lawyers who have preceded it. Whenever a great and upright lawyer of any community comes to the end of his earthly career the duty rests upon those who survive to see that such traits are preserved, not only in the memories of those who survive, but in some permanent form as a legacy, for the enrichment of the greatest profession on earth," and what Judge Hagan says with enthusiasm about his own line of activity applies with equal force to the whole community.

The annals of the community show Samson Mason to have been among the early practitioners at the Clark County bar. He was identified with the development of Springfield, and when he represented Clark County in Congress he was classed as an aristocrat - a man with much dignity. He was an able lawyer and carried a gold headed cane when he appeared in public in Washington. His gold headed cane and plug hat always attracted attention. Gen. Charles Anthony, who was an early member of the Clark County bar, was a successful lawyer. He was bluff and outstanding as a jury lawyer. In his day lawyers played on the sympathy of the jurors, but in these days of subconscious minds and psychological tests, no matter how formidable, they are unable to sway twelve men who have read all of the particulars of the case. The orator at the Clark County bar must feel the burden of his words or they fall without impress upon the jury, and "the jury outside the jury box," who always form their own conclusions. This is the age of calm reason, rather than disturbed emotion, and the Clark County legal fraternity has adapted itself to the changed conditions. Why should an attorney at the bar exert himself to the point of frenzy unless he has a distinctive message?

A case often quoted and copied into the legal reports was tried September 9, 1850, in the Clark County court - David Stewart vs. The State - and it is cited as the leading case on self-defense by lawyers all over the United States. While it deals with criminology, the way it was disposed of was a credit to the bar of Clark County. There has been litigation as an outgrowth of blasting and injuring tne flow of spring water, and when sewers have been constructed the same difficulty has been encountered, until bubbling springs would now hardly suggest the name of the town, but it is all part of community development - the limestone underlying the city rendered heroic measures a necessity. While some lawyers find too little time for all their activities, and while litigation remains uncertain, the question is raised as to who patches the seat of justice, and the humorist, Abe Martin, says the difference between a world war and a legal battle is that the newspaper readers have to wear the gas masks, and some- one else inquires why secure a legal education in order to practice economy ?

In reviewing the history of the Clark County bar, one able jurist said that E. H. Cumming had been an early Springfield lawyer who after his marriage laid off the ermine and adopted the garb of the clergy. While he is the lone example of an attorney leaving the Clark County bar for the pulpit, a number of others abandoned the profession for business, among them Scipio Baker, T. F. McGrew, Sr., Randolph Coleman and John H. Thomas. However, in conducting constructive business they were benefited from their knowledge of law. In the days when the circuit judges came from other counties there was much difficulty with the Indians in Western Ohio and in Indiana, from horse stealing. As the circuit judges traveled from one court to another on horseback and fording swollen streams, they were in sympathy with the settlers who suffered so many losses. There was litigation from the beginning, and the situation outlined by the Quaker poet, John Greenleaf Whittier:

The word bench is a time honored term, English in its origin. The judge is a public officer vested with authority to hear and determine causes, and to administer judgment according to the law and the evidence introduced by the litigants before him. Before the judge of the court comes all the woes of humanity, and a well known humorist has said: "Some folks are so guilty they cannot find a lawyer famous enough to defend them." When people know themselves innocent, it is said they are satisfied with a trial before the judge, but when they are guilty they have eleven more chances of a favorable decision by leaving it to a jury. While the judge is immovable under the pressure of eloquence, when the retainer is sufficient the spellbinders at the bar are sometimes able to influence a jury.

In a figurative sense, the terms bench and bar indicate the judge of the court and the practicing members of the legal fraternity. In the Clark County Official Roster chapter all the judges who have occupied the bench in Clark County are enumerated, while there is a roster of the present bar on file with the clerk of the court; some of the members of the local bar have enrolled themselves as patrons of this history in the biography section. Laws are the necessary relations resulting from the nature of things, and many matters are settled in court about which there is no controversy ; it is litigation without the element of contest - simply an amiable adjustment of matters. Judicial proceedings do not necessarily involve controversy, and thus many prosperous attorneys seldom appear in court. The mimic dictionary defines a lawyer thus : "The man who rescues your property from the adversary and keeps it himself."

There are estates to be settled and titles to be cleared, and some lawyers establish a reputation for accuracy ; they write wills and acknowledge deeds with never any reverses following them. They are found in the Clark County bar, and while Judge Ptagan pays tribute to the outstanding attorneys of the first generation, their sons are holding forth today with the same high moral purpose - some fine legal specimens who give advice that keeps their clients out of court, and still they are able to commercialize their knowledge ; the differences are adjusted through arbitration and why should the whole community know the unpleasant details? In Common Pleas Court one day Judge Geiger exclaimed : "What is the matter, anyway?" when a young man and his wife were explaining things, and his wholesome advice seemed to adjust the difficulty. He painted the picture of a divorced woman with a child, saying: "It is hell to be a divorced woman."

When there were no skyscraper office buildings in Springfield the attorneys at the Clark County bar were easy-going, and they used to swap yarns from their chairs at the curb in front of their respective offices; it was no trick to carry a chair down' one flight of stairs, and when a client accosted one of them he would finish the story before he would consider any further litigation obligations. Those lawyers of the past never sullied the ermine, and today there is a high moral standard at the Clark County bar; some of its members are known in the halls of state - in the councils of the nation, and a fraternal spirit marks all legal proceedings. The Clark County Bar Association - the Springfield Bar and Library Association - affiliates with the Ohio Bar Association, and the local legal acumen has recognition in other courts. Judge Johnson, who maintains his residence in Springfield, was named by Newton D. Baker of Cleveland, who was once Secretary of War, as a member of the Ohio Committee of the Woodrow Wilson Foundation, a national organization pledged to raise $1,000,000 in tribute, the income to be given in prizes to the persons who in the opinion of a jury of award have done most to advance the ideals most associated with the name of Mr. Wilson.

While there are unwritten laws in society, and lynch laws in some communities that do not require legal interpretation in their execution, jurisprudence is a systematic knowledge of the laws, customs and the rights of a citizen in a state or community, necessary to secure the due administration of justice. A jurist professes, and sometimes writes the science of law, and while no one enjoys a mirthful aspersion upon his own calling more than the lawyer, it is said that those sharing office rooms in Springfield have a multiplicity of keys rather than duplication of locks on their doors. They are not like the settler who cut a hole in the cabin door for the cat and a smaller hole near it for the kittens. The legal light who defined arson as "pizen" did not practice law in Clark County, although local attorneys long ago settled the question: "May a man marry his widow's sister?" They answer it by sayirig a Negro housemaid at the funeral of a woman friend issued the statement that she would marry the corpse's husband.

While there were associate judges under the original Ohio Constitution, on the adoption of the second Constitution, March 10, 1851, the District Common Pleas and the County Probate Court assumed all local jurisdiction ; from the beginning in 1818 there was a presiding judge sitting with the associate judges, and he was required to hold court in tur-i in all the counties in the district, and under transportation difficulties the word circuit had definite meaning. The story of Count Coffinberry, who belonged to that period and who migrated about Ohio, is known to all jurists, and his epic in seven cantos: The Capture; the Narration; the March; the Hazard; the Rescue; the Preparation, and the Conclusion, is the story of the pioneer in any community. Under the original Constitution the Supreme had both original and appellate jurisdiction, and important criminal cases were tried before it while the judges were peripatetic, still holding court in different counties.

In the early days there was a bell on the Clark County courthouse and it was used in calling the litigants to court ; in recent years the bailiff shouts the words : "Come to court," repeating twice, and when he says : "Hear ye, court is now in session," the "mills of the gods" begin the grinding process - slow and exceeding fine. When court is in session those in durance vile know their doom is approaching and while the rain falls on the just as well as on the unjust, the judge is supposed to possess his soul in patience while the lawyers quibble over seemingly irrelevant matters, but that is when Judge Geiger hurries matters.

It is well understood that every prisoner at the bar must have the benefit of the doubt, and conviction must come only when there is no uncertainty about his guilt; sometimes a lawyer who is a master hand at cross examination is inclined to forget the rights and privileges of the witness, and the judge protects him. At all hazards the dignity of the court must be maintained, although there are vexatious questions in jurisprudence. There are two sides and the jury must weigh the law and the evidence; the judge explains to the jury the construction of the law with reference to particular situations. Obedience to the law is liberty, and bulldozing tactics are under the bans in Clark County. While lawyers comprehend, pettifoggers sometimes attempt to blind the jury, although the judge who charges them is impartial ; the jury must not gain the impression that the judge has any personal opinion about cases given to it for settlement. The jury and the witnesses all take the oath : "So help me, God," and they are impressed with the fact that right wrongs no one at all. Because of advance information gained through newspapers, crowds no longer frequent court rooms for such details only in extraordinary instances. Only the bare facts in the law and the evidence are now summed up by the most successful attorneys.

While not so much is required by way of qualifications, the shrewd Clark County lawyer understands that his knowledge is his capital, and that cold blooded facts are the convincing things - the bread and butter end of the story. Litigation arises from various sources, and the bench and the bar alike depend upon it ; from the nature of the case, lawyers enjoy trials and tribulations. However, there is such a thing as justice tempered with mercy.

Chapter Xxxvii

While the settlers on Mad River and the early residents of Springfield, in the log cabin days of Clark County history, had a bottle of quinine on the shelf along with their copy of Doctor Gunn, nevertheless they frequently "worked it off" when they were "under the weather." They had to have something for "snake bite," and thus something in a jug usually relieved them, and thus in their day and generation they understood Materia Medica.

While the settlers may have had spring fever in its most virulent form, the contagion never has been wholly eradicated although miasma in most forms disappeared with the marshes, and thus drainage has been the accomplice of the medical fraternity. While self qures and rest cures may be fads, before prohibition became universal there were citizens still who prescribed for themselves in many instances, and now it is said that some even suffer from lack of medical care because they feel themselves unable to pay the doctor, and yet Springfield meets thatJ objection; there is city and county medical attention upon request, and while there is no lease on life death is still certain.

While some men are insurable today who are incurable tomorrow, taken in time disease is baffled by Clark County medical experts. The French proverb says: "When a man is dead it is no use calling in the doctor," and the progressive members of the Clark County Medical Society advocate the advantages of environment - its influence over both mental and physical conditions - the sunshine, air and temperature are unmistakable in their relation to health. Monotony is deadly, and the humdrum of a perfectly ordered life drives a nervous individual to distraction, and it is understood that the most pathetic thing about disease is the fact that much of it is preventable - an ounce of prevention is better than all the cures in the world.

On May 12, 1920, the physicians, surgeons and hospitals all celebrated the centenary of the birth of Florence Nightingale, and the review of her life shows the extraordinary strides of advancement that have been made, the nursing and medical profession keeping pace with the rest of the world. Florence Nightingale is the patron saint. of the hospital, and the handmaiden of the man of medicine. It is a matter of record that the Clark County Medical Society was organized March 4, 1838, and that after a time it lapsed and was organized again, May 31, 1850, the account of the earliest prganization being, from the pen of Dr. W. B. Patton and of the later organization by Dr. Isaac Kay, and the account written by Dr. Henry H. Seys embodies the facts from both the earlier writers.

in Springfield, April 4, 1838; twenty years after the organization of the county, and not contemporaneous with it. However, there were medical men before they effected an organization, the earliest one on record dying while the area was still included in Champaign County. From the beginning, Dr. Isaac Hendershott was president, and he had been licensed to practice by a medical society organized in 1816 at Dayton. "In those days not many of the practitioners of medicine were graduates of medical colleges." The lack of means, distance and difficulty of travel are assigned as reasons. The ambitious young medical men were compelled to forego such advantages, and after a course of training under local preceptors engaged in practice, they obtained a license from the board of censors of some medical society. Doctor Hendershott and Dr. W. A. Needham of Springfield were both licensed in Dayton.

The course was outlined by the state, and the board of censors became an important factor in the medical history of the community; in turn the Clark County Society had its censors. With Doctor Hendershott as president; Doctor Smith, vice president; Dr. Robert Rodgers, secretary, and Dr. William Murdock, treasurer, the Clark County Society was in position to license other doctors. Its board of censors was as follows : Doctors Berkley Gillette, E. W. Steele and Robert Rodgers. The constitution was signed by Doctors Hendershott, Benjamin Winwood, Gillette, Elias Garst, Rodgers, Murdock, Robert Houston, John C. Stone, Michael Garst and James Robbins. Later Doctors Harpersette and Towler joined the society. On April 30, 1838, Doctor Winwood read a paper: "Progressive Improvement of Medicine in America," and at another meeting Doctor Garst presented the paper : "The Mucous Membrane of the Alimentary Canal," and while two meetings a year was scheduled it was a short-lived society. Since April 14, 1840, there is no record of any meetings.

It was ten years before the Clark County Medical Society was resuscitated, May 31, 1850, and instead of two meetings a year since then it has met twice a month. Some of the earlier society members joined again, Dr. Robert Rodgers becoming president; Dr. Berkley Gillette, vice president, with Dr. E. M. Buckingham, secretary, and Dr. G. H. Runyan, treasurer. Doctors Hendershott and Winwood again affiliated with the society, and while not engaged in the practice of medicine the fourth generation of the name George Winwood now lives in the community. When the Civil war came on Doctor Winwood became a surgeon in the United States Army. Not much is known of Doctor Hendershott, who was president of the first medical society. When the second organization was ready to "offer recognition to other doctors, its censors were : Doctors Gillette, Jesse Cook, J. N. Stockstill, Runyan and Rodgers.

While the Clark County Medical Society was rejuvenated little more than three-score-and-ten years ago, none of its members are living today although some of their names may be perpetuated in the present membership. At the December meeting, 1921, the annual reorganization resulted as follows : Dr. A. R. Kent, president ; Dr. E. F. Davis, vice president ; Dr. C. E. M. Finney, secretary, and Dr. F. P. Anzinger, treasurer. While they no longer license doctors who have not attended medical college, the censors are: Doctors W. P. Ultes, C. S. Ramsay and C. L. Minor. At the annual meeting Dr. C. W. Evans was elected delegate to represent the Clark County Society at the state medical meeting, the local society being adjunct to Ohio and American Medical associations. Any medical doctor in good standing in the Clark County Society is eligible to membership in the state and national associations. However, membership in the greater societies is possible only through credentials from the local society.

The Clark County Medical Society has had its periods of activity and inertia; sometimes questions have arisen about which there was lack of harmony which resulted in cessation of interest and regular meetings. The service fee has been one source of disagreement, physicians in Springfield rating their services higher than other doctors. When there were fewer people in the community, there were fewer ailments and fewer physicians, and while there are about 100 physicians in Clark County only about seventy-five per cent are affiliated with the medical society. However, there is a capable group of medical men holding membership today, and excellent papers are prepared and presented at the regular meetings. Dr. Isaac Kay, who for twenty-six years served as secretary, having been admitted as a member in 1854, relates that it soon lapsed and was again reorganized, April 12, 1864, saying that of the active members of the society in 1850, only Dr. John H. Rodgers remained in the practice at the time.

Iri 1815 the Ohio Assembly divided the state into medical districts, and Champaign, which then included the area now known as Clark, along with Montgomery, Greene, Preble, Miami and Darke counties constituted the seventh district, and for a time Doctors Hendershott and Needham were the only licensed doctors in Springfield. Prescriptions were then unknown, and the doctors dispensed and wrapped their own medicines. They left powders to be taken every hour, hour and a half or two hours, and they asked for a tumbler and dissolved something in water, which was to be taken every half hour or oftener, the patent usually confused about the conflict of fluid and powders. No one was more in the hearts of the people than the family doctor in the days of swamps and malaria along Mad River and its tributary streams.

While Dr. Peter Smith is not mentioned in the medical annals of Clark County he belongs to local pioneer history. While he died in 1816, and lies buried at Donnelsville, he was the author of a treatise: "The Indian Doctor's Dispensatory, Being Father Smith's Advice Respecting Diseases and Their Cure, by Doctor Smith of the Miami Country." While Peter Smith is mentioned as a minister located on Mad River, it develops that, in 1813 he published "The Indian Doctor's Dispensatory," and according to Dr. John Uri Lloyd, a noted author and antiquarian of Cincinnati, it was the first Materia Medica published in the West. For many years Doctor Lloyd has specialized in the reprinting of early works on pharmacy, materia medica and botany, and in the '90s he made an effort to locate this dispensatory. He searched through Kentucky and Ohio, finally locating a copy in the possession of Gen. J. Warren Keifer in Springfield. Doctor Lloyd and General Keifer met at a summer resort, and the discovery of the publication by Doctor Lloyd grew out of a casual conversation, Eh*. Peter Smith being the grandfather of General Keifer. The volume was published again, and General Keifer has the original and a number of copies of it.

Doctor Lloyd says: "Close following the frontiersmen whose footprints were scarcely rubbed out, and whose rifles had not yet been silenced in the territory embracing the Ohio Valley, came a band of men who cleared away the forest, and founded their homes among the stumps, and Dr. Peter Smith may be numbered among these people. He was a typical Puritan, an educated, stern man of indomitable will and religious to the utmost. The end of the war of the Revolution had been consummated before the Indian had departed from the Miami lands where this man lived," and he repeats some facts already published about Peter Smith as a pioneer along Mad River. "Peter Smith sought neither fame nor gold ; he feared no privation - made his mark, and passed away," but the name, "Peter Smith, the Indian Herb Doctor," was familiar to the pioneers. The name lingers yet about Western domestic medicine, and is occasionally seen in orthodox medical publications.

While Peter Smith was born in Wales, February 6, 1853, and had a migratory life he was educated at Princeton, and he gave some attention to medicine becoming familiar with the writings of the day, and he acquired information from physicians whom he met in New Jersey, Pennsylvania, Virginia, North and South Carolina, Georgia, Kentucky and Ohio. He called himself an Indian doctor because he used herbs, roots and other remedies known to the Indians. He was an original investigator, and combined the practice of medicine with preaching and farming. One account says : "In 1804 he again took to the wilderness with his entire family then numbering twelve children, born in the 'Jerseys and on the line of his march through the wilderness, the states and the territories/ finally settling on a small, poor farm on Donnels Creek in the midst of rich ones, where he died December 31, 1816," and not long before his demise, he said: "Men have contrived to break all of God's appointments but this, 'it is appointed for all men once to die.' "

No photograph or other likeness remains to revive the features of this picturesque personage: Peter Smith, preacher, farmer, physician, pioneer, aggressive abolitionist before Wendell Phillips or William Lloyd Garrison were born, lies buried in a neglected graveyard near Donnelsville. Such is the life record of the man who published the first western book on Materia Medica. The title page bears the imprint of Cincinnati, printed by Browne and Looker for the author in 1813, and on the title page is this sentiment: Men seldom have wit enough to prize and take care of their health until they lose it, and doctors know not how to get their bread deservedly, until they have no teeth to chew it.

In advertising the volume when it was on the market, Doctor Smith placed "the price of $1 on the book of advice, well knowing that 75 cents would be enough, but those who do not choose to allow 25 cents for the advice, may desist from the purchase." In the book the herbs are given their common names, the writer evidently not being familiar with the technical names used in botany. In the book he recommends cold water applications, and here is his sympathy cure for toothache: "All finger and toe nails trimmed and the pieces laid on rag or paper; add lock of hair taken from head; gouge or pierce gum of tooth, and add the blood to nails and hair. Wrap the whole and place in some bank or gulley, at a place where no creature crosses the stream; the operator may keep the 'putting away* a secret." Indians have queer notions. Doctor Smith tried this on himself and others. Query: Who never tried charming away warts? You rubbed the wart with a stone, and then laid it back where you found it. Through the effort of Dr. John Uri Lloyd, due credit is given a pioneer doctor who lies buried in Clark County.

In 1824 the medical districts in Ohio were changed, and Clark was combined with Montgomery alone, with half a dozen doctors living then in Clark County and it is said that Dr. Richard A. Hunt was the first physician to locate in Springfield. He was born in 1780 in New Jersey, and lived for a time in Cincinnati, coming, in 1809, to Springfield. In 1815 Dr. Job Haines located in Springfield forming a partnership with Doctor Hunt. In 1813 came Doctor Needham, who located in Lagonda, the village being called "Pillville" because of him. While he was buried in the Columbia Street Cemetery, his name was perpetuated for many years through the inventor, William Needham Whitely. The doctors soon became numerous, and their names have been given in connection with the organization of the Clark County Medical Society.

Some of the Clark County doctors have aspired to other lines, and sometimes the office of county coroner is "thrust upon them," when they would achieve greatness. Doctor Hendershott was postmaster in Springfield twice, and he was twice elected Clark County recorder, but when a physician has acquired the necessary education for the practice of medicine these days, he remains with the profession. While most physicians practice alone, under the existing conditions a group of doctors frequently congregate on one floor with a common office, and an attendant who arranges their appointments. In the Medical Society are doctors of the regular or allopathic, homeopathic and electric schools of medicine - no quacks or advertising doctors admitted, and while the old school doctors used to bleed their patients - well, ask some of the patients about the charges today.

While a member of the Medical Society may distribute personal cards, he may not quote prices nor promise cures; he is bound by the code of ethics. While malpractice disqualifies a physician, there are specialists in the profession. While in modern surgery tonsilitis is described as tonsilOUTis, Clark County surgeons are a conscientious body of professional men - capable practitioners - who have fitted themselves for it. Dr. Robert Rodgers performed the first Cesarean operation on record in Clark County, and while he was a skilled surgeon the operation caused undue comment in the community. People had not yet learned the possibilities of surgery. Dr. Albert Dunlap was another renowned surgeon, and he was first in Clark County to remove an ovarian tumor. The patient urged the operation, saying she would relieve herself with a butcher knife. In the presence of a few Springfield physicians, the doctor reluctantly performed the operation, relieving the woman of a forty-five pound tumor, but such operations are of such frequent occurrence today that the community reads the mention in the paper, and the incident is forgotten immediately. While Doctor Dunlap was criticized in the medical journals for performing an unsafe operation, the people are now educated up to such things.

This surgical operation brought fame and honor to Doctor Dunlap, and in 1868 he was elected president of the Ohio Medical Society. He was twice a member of the judicial council of the American Medical Association, and in 1877 he became its president. Doctor Dunlap filled the chair of surgery in Starling Medical College in Columbus, all those honors being conferred upon him because of his pioneer work in surgery.

When Doctors Rodgers and Dunlap began their surgical operations, there were no hospitals and trained nurses in Springfield. Now they say that Springfield is in the goiter belt of the United States - that it extends from Columbus west, including Clark County. The limestone underlying the country affects the water, and while travelers in the vicinity of Mayo Brothers Hospital hear much about operations, those afflicted need not quit Springfield for scientific attention.

It is said that enough Clark County citizens had their adenoids removed when they were children, and their tonsils removed in adolescence and that enough adults are minus their appendices - vermiform appendix - well operations are a topic in polite society, and Clark County folk all know the way to the hospital. It is the house of refuge and the difference between Springfield as a village and Springfield as a city is illustrated by the number of children who are born in the hospital. Under recent conditions, future orators will be unable to speak of the cottage in which they were born, just as the child inured to a steamheated apartment knows nothing of the hearthstone so dear to the older generations. One of the Mother Goose rhymes revised reads:

When it was known that the famous Austrian surgeon, Dr. Adolph Lorenz, was paying a visit to the United States in the autumn of 1921, Dr. A. J. Link visited him in New York and invited him to Springfield. Local surgeons differed in opinion about the matter, some saying there is sufficient talent in Springfield. The unusual publicity given Doctor Lorenz was regarded as unprofessional, and his visit in this country was regarded by some as a reflection on American surgery. While his clinics were free, it was known that he was in the United States in the interests of his countrymen who had suffered much in the war. When the physicians of Clark County first banded themselves together in a Medical Society, there were no surgeons among them; surgery was impossible without surgical instruments. People knew nothing of bacteriology and appendicitis - well, not much was said about sanitation.

While a new page has been written in the history of medicine since the publication of Peter Smith's Dispensatory, and Dr. Daniel Drake's monumental treatise: "The Diseases of the Interior Valley of North America/' Doctor Drake, a Cincinnatian, there is now no lack of concerted action in combating disease. While the pioneer doctor knew little about anatomy and physiology, he recognized symptoms and applied specific remedies. Science is the enemy of disease, assures the ease in it, and a sound mind in a sound body is the ideal sought by scientists, in their medical investigation. Many Springfield physicians are postgraduates, and the Clark County doctor who does not keep himself abreast of the times soon finds himself losing patronage. An office practice with established hours is different from the old system of calls at all hours, and the signs: "Office business strictly cash," indicate that no bad accounts accumulate; in this way, service rendered one family is not charged to another who is better able to pay for it.

It is said : "The doctor sees all the weakness of mankind, the lawyer all of the wickedness, and the theologian all of the stupidity," and what is more terrible than ignorance in action? Error in opinion may be tolerated when reason is left free to combat it, but wrong diagnosis^- who has not suffered from it? Years ago everything was bilious fever, black measles, black diphtheria - malignant disorders - with phthisis and flux thrown in for good measure. Malaria and pestilence made many regions uninhabitable, but contagion has been conquered by a study of the cause and the manner of spreading it. The very name mal-ari-a is suggestive of impoverished air, and indicative of the attitude of people toward it. Once typhoid fever was prevalent, but there is not much contagion today because science has reduced it. Bacteria, germs, why the shortest poem in the English language, "Adam had 'em," was written on the subject of germs.

In the Garden of Eden, man became wise and Doctor Plaindiet is still regarded as an exemplary citizen. In Springfield there are conscientious doctors who sometimes recommend sanitary measures rather than prescribe antidotes for diseases. The man who could not spell rheumatism, and wrote the doctor that he had itch is considerate as compared with the woman who asked the doctor to administer a stimulant to her husband, because she wanted to show him her millinery bill. When a doctor failed to diagnose a case according to the patient's conception, he decided to throw him into fits - they were his specialty. Another query: Was it a Springfield doctor who suggested vaccinating the little girl on her tongue, because the mother had no idea what styles would prevail when the child attained to womanhood? The child might wish to conceal a scar. Emergencies usually disclose the necessary qualities.

The pioneer mothers - and their name is legion - were always first at the bedside of the sick in the community, in the absence of a doctor they ministered to their needs, concocting their own remedies like the Indian doctors, they used barks and herbs. They knew all about hoarhound tea, calomel, jalap and other simple remedies, and neither the heat of summer nor the blasts of winter interfered with their mission when chills and fevers were so prevalent - the chills and agues now diseases of yesterday. There have been mothers who threw their slops from the kitchen door, and wondered why their children caught all the passing ailments. Drainage has worked the transformation ; science has rescued the community.

Now and then a pioneer mother understood the theory of balanced ration; she served such varied menus of well-cooked foodstuffs that her family escaped many of the ills of the flesh. While the doctor welcomes the trained nurse, he is not always in accord with the practices among neighbor women; when they use common sense they are valuable, but he does not listen to their traditions. It is said that the dispensary physicians prevail again in Springfield; they write prescriptions, and the druggist fills them! Some one, writing of old time remedies, said: "They fed us on tonics from bottles and glasses, and begged us to" try one more plateful of greens."

While the pioneer doctor's practice extended over a large territory, and his professional visits led him through unbroken forests when there were only bridle paths ; while he went through mud and water, he always relieved distress with or without remuneration for his services, and those who do not understand should read James Whitcomb Riley's "Rubi- ayat of Old Doc Sifers." He would ride both night and day, and he encountered myriads of mosquitoes. Before drainage removed their swampy rendezvous, and the sanitary commission objected to the accumulation of effete matter where flies secured filth that caused disease, even Clark County families were victims of their own ignorance. "Baby bye, here's a fly; let us watch him, you and I," but the foolish mother has learned better ; today she "swats that fly." Along in the 70s some inventive genius constructed the screen door, and when flies and mosquitoes stopped outside, there was relief from some of the infections. The screen is the "ounce of prevention."

In these days of rapid transit, when the rural family calling the doctor by telephone asks whether or not he has a self-starter automobile, it is of interest to follow the pioneer medical man about the country. While there is no record that Peter Smith had family practice when he lived on Mad River, Doctor Hunt knew all about day and night travel, and he knew how many people used slippery elm bark in combating prevalent disease conditions ; he knew all about the cord wood with which the settlers paid the doctor and the printer. Clark country was in line for all the epidemics, and without whisky and quinine some of the setlers would have abandoned their opportunities. In the old days of swamps and snakebites, the air was so poisoned with effluvium that not only human beings but dogs suffered the consequences ; there was milk fever and ague in varieties.

When Spanish influenza - the flu - struck Clark County in 1918, and 5,000 persons were suffering at one time, sanitary measures were well understood, and yet it became epidemic with consequent loss of life. A knowledge of the mechanism of the human body has. enabled science to overcome many things. Now that people understand the fundamental laws of digestion, nutrition and combustion, unnecesary troubles are obviated. Some of the mechanical devices which yield most, and render the impossible possible, are as simple and as commonplace as the wire screen in the prevention of epidemics. There are county and city health doctors - Springfield and Clark County combined at present - in the person of Dr. R. R. Richison, and now and then he designates certain cleanup days, a necessity in some communities. While it is a sanitary requirement, it adds to the appearance of the town ; however, some families do not stand in need of cleanup suggestions.

Where there are diphtheria and typhoid fever contagions, there is usually impure water; while there may have been no filth within the cabin walls, and some of the grandmothers were scrupulously clean housekeepers, there was sometimes stagnant water and the mosquitoes and flies had their way about everything. Today there are families who employ a physician to keep them well, rather than to cure them of illness. An old account says : "At the time when the settlers were exterminating bears, panthers and the vast forests, there was no time to make war on such small and ubiquitous things as mosquitoes." However, mosquitoes do not buzz quite so serenely as when neither the doctor nor his patients suspected their deadly mission as spreaders of disease ; when there were swamps there were millions of mosquitoes, and drainage wrought the riddance. The Irishman and his spade presaged many improvements.

enemies - only as a nuisance. When the fly was barred, the American people realized the advantages arising from it ; they were rid of so much contagion. When the barnyards were cleaned and his breeding places were removed, many of the diseases the fly used to impart to the household were no longer prevalent. In Bible times there were hogwallows, and as long as there are swinettes they will return to them, unless some precaution is taken against such conditions. Instead of the lullaby: "Baby bye, here's a fly," "Swat the fly" means more to motherhood today.

It has been demonstrated that disease is caused by gases generated from decaying vegetation; while results may not be immediate, it only requires time for incubation before the people are seized with fevers, etc., all which may be obviated by removal of the offending substances. When cellars are regularly cleaned, there is little danger from decaying vegetation. Home sanitation has had much to do with the changed health conditions. The pioneers had not studied drainage and other means of prevention; systems of house ventilation have been installed, while the cracks in the floor and the open fireplace were the only methods known to the pioneers. There are tub and shower baths, while running water was the only bath available to the settler. Years ago, when the weather was warm, a well-to-do woman said it was time of year to take a bath again.

There used to be "sickly seasons," and if there was anything in suggestion, the settlers had the benefit. The doctors mystified their patients by the use of technical expressions: the trouble was resultant from "vegeto-animalcular" causes, and similar phraseology, meaning that the people were infected by organisms bred in decaying vegetation, and with that view of the situation, home sanitation is somewhat responsible for better conditions. Only for the recent visitation of the flu are Clark County residents enabled to understand the following: "The fever was so continuous, and so frightful were its effects, that it is remarkable the settlers were heroic enough to remain in the new country. They stayed partly through grim determination; partly through natural indisposition to move backward; partly through love of the beautiful country, and partly through that hope springing eternally in the breasts of the pioneers, to cheer them in their toil and suffering."

Chills and fevers - who even thinks of them today? Only for the recent visitation of the flu people of today would not understand; they would have no comprehension of what was endured along Mad River and in Springfield. While writing one feels the symptoms, but here is hoping the "gentle reader" escapes the "third-day-ague," or the "shakes" in any guise, and "spring fever" that ensued so frequently. In the early morning, before the "shakes" came on, the water buckets were filled by the most abled-bodied members of the family, and they would be placed in reach of all; it was common communion, and when the fever would rise again each one helped himself. When the fever was at its height people along Mad River wished themselves back in their old homes, but when they were feeling better they would remain and try it again. Some were so sick their relatives could not leave them, and each year brought new neighbors and changed conditions, until finally no one wanted to leave the community.

In 1872 there was widespread epizootic among horses that crippled all industries requiring their use, and it left many diseased and imperfect animals, and the effect of the flu has been almost as serious among human beings - many have not regained their usual strength since having it. While there are frequent epidemics of measles, scarlet fever, whooping cough, chicken pox, nettle rash, la grippe, and whisper it - seven-year itch - and some folks having it three times - bathing and home sanitation have reduced the awful effects. Along with the chills and agues there were dental troubles, and when the settlers used to twist out the teeth for each other they suffered untold agony. While many men and women never saw a turnkey used by the settlers in twisting out diseased molars and incisors, knocking out surplus teeth for horses cannot be more barbarous than was this twisting process.

In 1832-33 there was a scourge of cholera at New Carlisle that caused great lamentation, the community having thirty-three deaths, while Springfield escaped, and it was then attributed to sanitary conditions. At a meeting of the town council, July 13, 1832, it was decided to enforce cleanliness, and there was a day of "fasting and prayer" observed by many, and there is physiological benefit from abstinence. However, in May, 1849, cholera broke out in Springfield and "ravaged" until August ; five died in one day, and in all there were seventy-five victims. Business was dull, and all were melancholy. That scourge was in proportion to the flu epidemic, when 5,000 were prostrated four years ago. In 1921, when the diphtheria epidemic was widespread, the doctors united in suppressing it, the city health doctor inviting co-operation, and it is said that smallpox will never again scourge the community because people understand the results of vaccination. Since Dr. Edward Jenner discovered the antidote so general has vaccination become that it is thought smallpox will never sweep the country again.

The education of the public with regard to personal and general hygiene has aided in destroying disease, and doctors are winning the fight through scientific methods, and with the necessary co-operation of the public better results will ensue in future. The advance in medicine and surgery has reduced the death rate and added many years to the span of human life. There is a law of compensation in nature which never fails to operate, and while modern life contributes endless comforts, the hurlyburly present-day existence demands its toll, and the brain and nervous system must have some cessation. Query: Which is the distinguished professional gentleman - the doctor of today who impresses the family with the importance of home sanitation, or the medical man of the past who left so many potions to be "shaken before taken?" When they used to mix calomel in syrup, and scrape the big spoon with a little one in order to get all of it, people swallowed the dose in fear and trembling, but they know more about the symptoms today.

Doctor Robbins was among the early citizens of New Carlisle, and he was with them through the scourge of cholera. He was genial, and as he went about astride his horse with his medicine in double saddle-bags, people were better at sight of him, and Dr. Robert Houston sustained similar relation to the community about South Charleston. When Dr. Alfred Jones began practice there, his mother was his secretary and when people came at night she would raise the window and inquire: "Who is sick? Who is dead? Who wants Alfred?" But twentieth century mothers do not assume that responsibility. It is said of Dr. T. G. Farr of South Charleston: "He took down his shingle years ago," but that did not stop the demands even though he is four-score years of age.

While Christian Science is not recognized by the medical profession, there are practitioners in Springfield who effect cures without the use of medicine or surgery. They claim it is a lost art, known in the time of Christ and reduced to practice again in 1868 by Mrs. Mary Baker Eddy. When cures are effected the patients are grateful to Mrs. Eddy. The Springfield Osteopathic Society has recently been organized, and while there are local chiropractors they have not as yet effected an organization. While Christian Scientists, Osteopaths and Chiropractors all practice the healing art they do not recognize Materia Medica.

Springfield and Clark County dentists constitute the Mad River Valley Dental Society, holding monthly meetings and discussing topics of importance, and dentists located in adjoining counties affiliate with them. The Mad River Society is a branch of the Ohio Dental Society, and the benefits arise from its interest in legislation, influencing the character of bills introduced regulating the practice of dentistry. Advertising dentists are not eligible to membership, and while professional standards are maintained, up-to-date dentists establish them. This is an age of specialists, and dentists have their standards of efficiency.

Skin grafting and blood transfusion - the medical and dental profession meets all the requirements, and while the quack doctor and his cureall tactics meet the requirements of some, there are discerning people who want the advice of reputable physicians and who are willing to pay for it. However, since people better understand hygiene and sanitation there is less demand for medical advice in the community. Since men and women understand their own physical structures better, the knowledge works both ways; some feel that such unusual complications require attention, while others rest assured about it. When most Clark County folks grow ill the material side of their natures asserts itself, and they send for the man of medicine in whom they repose most confidence. When a new doctor came into the community - this is a stock story - he would have himself called out of church or he would be seen riding rapidly out of town - any ruse to attract attention.

Sometimes when the pioneers called the doctor they also expected to have to call the minister, and the Irish woman on the witness stand thought the patient was in danger as long as the doctor continued his visits; when the doctor is not called the family is under censure. While doctors do not advertise, when they are successful their patients do it for them, and when a patient dies the whole community knows about the doctor. When Clark County doctors used to give calomel there were salivated mouths unless the patients abstained from the use of acid foodstuffs, and sometimes they lost their teeth from salivation ; they followed calomel with quinine, and they held the children's noses in dosing them until capsules solved that difficulty. Who remembers taking sulphur in scraped apple or in molasses? Who says: "Backward, turn backward" in the realm of disease and the methods of overcoming it? While some of the pioneer doctors were successful in the practice of medicine, the requirements are such today that they would be unable to pass the censors.

Chapter Xxxviii

In the light of past history, Springfield as a community is older than Clark as a county, the area once belonging to Hamilton and floating for a time with Ross before it was finally attached to Greene County. While stakes were driven for Springfield in 1801, the area was not in Greene County until 1803 ; in 1805 it was in Champaign County, and December 25, 1817, was the beginning of Clark County history. While in 1806 there was a session of Champaign County Court held in Springfield, it was without government until 1827, when it became an incorporated town, and in 1850 it was incorporated as a city.

In 1901, in connection with the Springfield Centennial celebration, one of the speakers said : "Could we but call the roll of all the citizens of Springfield, from the day of James Demint to the present, and review each individual life, how gladly we would look upon the grand drama thus afforded, in order that due meed of praise might be awarded every one who has helped to make Springfield," and with its vacillating history it is little wonder James Demint did not record the original plat immediately. It would have been recorded in- Cincinnati or Chillicothe because there was a Springfield two years before the organization of Greene County; the original plat and the early real estate transfers are a matter of record in Xenia, although local abstracters have copies of them.

At the time of the Springfield Centennial, Judge F. M. Hagan said: "Language can but feebly express the thoughts which press upon us as we contemplate the history of our beloved city ; it seems fitting to glance over the century of its existence, as upon a panorama flashing with the speed of lightning before us. As we lift our eyes we see an unbroken wilderness, tenanted only by wild beasts and savages, and then come the pioneers of another race, rearing their humble log cabins ; we look again and behold the primeval forest changed as if by magic to a city prosperous and beautiful; the wigwams of the Indians and the huts of the pioneers have given place to thousands of commodious homes. The barter of the settlers with the natives of the forests has swollen 'till the wares made in Springfield encircle the globe ; our traffic is with the ends of the earth ; the lights of 100 years ago are displaced by gas and electricity, and instead of the winding trails are miles and miles of streets along which glide splendid equipages, and the railways connect Springfield with the remotest sections." and he reviews the different steps in city development.

Summing up everything, Judge Hagan says: "All these things are the heritage of a keen, alert, restless, inquiring, ambitious people filled with the spirit of the age. Who, under God, has wrought the transformation from the wilderness to all these things? * * * As they swiftly pass in review come the sturdy figures of Demint, Foos, Humphrey, Kenton and Lowry and others joining them year by year, laying their axes to the roots of the trees and hewing out the beginning of the city, not forgetting to establish schools and churches ; intelligence, morality and religion the firm foundations upon which the welfare and happiness of the community must rest; in the first decade, here and there an infant

A later writer says : "For more than a century the process of empire has advanced with marvelous rapidity; the rich alluvial plains of Mad River and Lagonda Creek were almost the first in the vast wilderness to the north of the 'Beautiful River' to attract the tide of immigration which had been held in check by the mighty barriers of the Alleghenies. Every gift necessary to the maintenance of an enduring civilization has been granted by nature to this favored region ; if there is one essential lacking it is the fault of man. * * * Law and the restraints of civilization may be evils, but they are necessary. * * * Society is still based on the sacrifice of every personal desire which is not compatible with public welfare; on the supremacy of law; on the implicit obedience of every man and every interest, to the exactions which experience has taught society to require of every man who enjoys the protection of the State."

The citizenry of Springfield that had charge of its development have been mentioned in various relations, and there is little trace of an official roster while town government prevailed from 1827 to 1850, when there was little municipal regulation ; when there were no improved streets or sewers, and when the fire wood was unloaded in front of the houses; when cows ran out, and brood sows were common property. In time civic pride began to develop, and the wood pile was relegated to the alley, and today the boy who used to operate the bucksaw goes to the gymnasium. There was a time when Springfield was noted for mud, and Mill Run was almost impassable across Main Street. Every town goes through that period in its history, and thus it appreciates improvements.

In the small town days of Springfield there was local government, and ambitious citizens developed the community in different directions, new additions having ambitious promoters and when a market was established near the site of the Esplanade, development was in that direction rather than "Sleepy Hollow," the location of the county buildings. Oi> March 21, 1850, by vote of the community and by special act of the Legislature, Springfield adopted a city charter, and for sixty-four years it had a mayor and council form of government, its mayors being: In 1850, J. M. Hunt ; in 1854, James S. Goode ; in 1857. A. G. Burnette ; in 1861 (for four months), James L. Torbert, and the remainder of the year, John C. Miller; in 1862, W. D. Hill ; in 1863, J. J. Snyder; in 1864, James Fleming; in 1868, J. R. McGarry; in 1871 (for four months), H. S. Showers, followed by J. J. Hanna ; in 1875, Milton Cole ; in 1879, Edward S. Wallace; in 1881. E. £. Coffin; in 1883. C. W. Constantine; in 1885, J. P. Goodwin; in 1887/ O. S. Kelly; in 1889. William R. Burnett; in 1893, James Johnsqn, Jr.; in 1895, P. P. Mast; in 1897 (for one month), T. J. Kirkpatrick, followed by John M. Goode ; in 1899, Charles J. Bowlus; in 1901, M. L. Milligan; in 1906, James M. Todd; in 1908, William R. Burnett; in 1910, Charles J. Bowlus; in 1912, Joseph J. Miller; in 1914, Charles F. McGilvary, who resigned November 10, 1919, being succeeded by Burton J. Westcott; in 1922, Dr. John E. Furry. Since the installation of the city manager form of government, 1914, the mayoralty has been an honorary position, the details of the office being taken care of by the manager. Mayor McGilvary was the first mayor to co-operate with the city manager.

One account says : "In 1852 the legislature began the work of classifying Ohio cities, and special forms of government applicable to cities of various sizes were established and continued until 1902, when the Supreme Court of Ohio suddenly found that all municipal governments so established were unconstitutional. During all this period Springfield was in a class by itself and special legislation to suit the whims of various classes of people and political parties was frequently obtained. At that time the various departments of city government were looked after by committees of councilmen and it was frequently observed that when some business man who had previously taken no interest in politics aspired to a seat in council, the chug-holes in his street needed filling, and in 1902 a new municipal code was adopted under which general legislation applicable to all Ohio cities was made mandatory.

"Under this system the mayor is the executive head of the board of public service, which is composed of three members and has charge of the streets, water works and similar municipal affairs," but since January 1, 1914, Springfield has had the City Manager form of government, the first incumbent being Charles A. Ashburner, who remained until October 1, 1918, when A. E. Carr assumed the duties. Mr. Carr remained as city manager until July 1, 1920, when E. E. Parsons received the appointment ; the manager is appointed by the city commission for an indefinite term of service. Under existing government conditions the city manager appoints the heads of the various departments in classified service from the civil service lists, although City Manager Parsons feels that without civil service restrictions greater efficiency would be a possibility. Civil service regulations have prevailed since 1883, and its purpose is to correct the evils of the spoils system so evident in community government ; under civil service the manager is unable to "hire and fire," and while the spoils system is abused it is a necessity - choosing the lesser of two evils. While civil service does not prevail in private business, it seems to be a safety measure in the management of public affairs.

The city manager system in Springfield has reduced the expense of operation - has reconstructed Springfield. The city's necessary wires were on poles, and they were unsightly; now most of them are in conduits, and Springfield is a place of safety. What was once Poleville is now a city beautiful, and it is admitted that under council administration Springfield did not develop as it has under a city manager. While any one may aspire to the office of city commissioner, Springfield has been fortunate in having men who were competent and faithful in the discharge of their official duties, the 1921 organization being: B. J. Westcott, August L. Beaupain, E. S. Houck, J. D. Frock and H. M. Hill, and the annual report filed by the city manager indicates a year of progress.

On the theory that after a city passes its 60,000 population mark, Mr. Parsons expects Springfield to grow rapidly, finally reaching 250,000, the conclusion arrived at from comparison with other cities. In fifty years the city had increased from 12,000 to 60,000, and he reasons that the future developments will equal past history. It is reported that in the busiest hours on Saturday nights an average of 120 pedestrians and twenty-two vehicles pass the corner at Fountain and High Street in one minute, where the same number of pedestrians and fourteen vehicles pass in one minute ; at Limestone and High, where passengers transfer on the street cars, the average number of pedestrians passing the corner in one minute was 100, with fifteen vehicles, and at Limestone and Main Street the number decreased to eighty pedestrians and ten vehicles. These are the four busy street corners in Springfield, and yet "The picture of growing Springfield is unfolding day by day," and looking back only a few years many changes are noted, the public utilities changing industrial conditions.

When the city hall that shelters the city government was constructed it seemed to meet the requirements and now the people wonder why a building with so much waste was ever built, its auditorium useless and its market inadequate, and yet the "city fathers" thought they were building for the future. Since city manager form of government is in vogue men specialize in that line and out-of-town candidates are chosen, the commission expecting them to bring to the office special knowledge gained in other communities. In order to be efficient he must understand economics and be able to combine many duties; the fire, police and engineering departments are controlled by him, and the auditor, treasurer and solicitor all are appointed by and are amenable to the manager. The city commis- sion holds the manager responsible, and it was reported that at a session of the legislative body recently a visitor asked for the privilege of offering prayer, and all present bowed while "the people's preacher preaching the religion of Jesus" offered prayer.

Under the city manager the plan is to remove the business of the city from politics, no one being allowed to conduct a personal canvass in order to be elected to the commission, and while foreign managers have been chosen it is said that the plan secures home rule for Springfield. It recognizes the people as the sole source of governmental power and imposes upon each member of the community the duty and responsibility of actively interesting himself in the affairs of the city. In adopting the charter the voters of the city made the following statement: We, the people of the City of Springfield, in order to obtain the benefits of local self-government, to encourage more direct and business-like methods in the transaction of our municipal affairs, and otherwise to promote our public welfare, do adopt the following charter, and copies of it are available at the manager's office.

W. Flack; special counsel, E. F. McKee; city clerk and treasurer, William H. Mahoney; chief of police, R. E. O'Brien; chief of fire department, Samuel F. Hunter; director of public health, R. R. Richison; city engineer, William E. Lucas ; director of public service, public safety and health, Mr. Parsons, and superintendent of water department, George S. Cotter. The following boards are adjuncts of city government: Sinking Fund Trustees - M. L. Milligan, Floyd A. Johnston, W. S. Thomas and Harlan C West ; Hospital Trustees - Robert S. Rodgers, V. G. A. Tressler, Thurston W. Ludlow and Wallace Thomas; Park Trustees - David Snyder, P. E. Montanus, Allan McGregor and Paul A. Staley; Civil Service Commission - P. A. Lewis, W. C. Hewitt and Wallace Thomas; Library Board - John B. McGrew, John L. Zimmerman, Anna B. Johnson, Henry D. Titer and E. L. Buckwalter ; Playgrounds Advisory Committee - Max L. Kleeman, Allan McGregor, Donald Kirkpatrick, Harry F. Busey, Frank Luibel, E. E. Parsons and W. J. Neville.

While it is an honor to serve the City of Springfield, there is a remuneration consideration running close to one million dollars, the operating costs of the major city departments being $77,000 to the police department; $102,000 for the fire department; $19,000 for the health department ; $138,000 for the service department ; $100,000 to the city hospital ; $208,000 for the interest and sinking fund ; $200,000 for the water department; $11,000 for Warder Public Library; $44,000 miscellaneous appropriations; park and police and firemen's pension funds aggregating $16,000, the budget estimated on a $90,000,000 tax duplicate, but since the duplicate is more than $93,000,000 the city has a surplus fund. An increase in tax rate is incumbent from time to time to meet payment on bonds for improvements, but many of them will soon be retiring and there will be a consequent decrease in operating expenses. Until 1945 Springfield will be paying on bonded indebtedness under present conditions, different bonds expiring in that time. Quotas are prepared covering an entire year's operation expense, and departments are required to keep within the limits.

While the expense of epidemics is charged to the account of the city, the commission plans to co-ordinate the departments or groups in order not to duplicate expenses. When a diphtheria epidemic cost the community $13,500, it seemed incumbent to curtail expense by avoiding complications. The Nursing Association Executive Committee co-operating with the city and acting as a board of health. A great deal of expense in the way of sewer construction is in prospect, the sewers not being equal to the requirements. The city engineer's report shows that Springfield covers 7,059 acres, of which ninety-seven acres is water. With approximately 15,000 residences, and the combined cost of sanitary and storm sewers reported at $707,864.92, as the city increases in population its expenses increase accordingly, and times have changed since the days when Springfield was a cow pasture - when there were hog wallows along Mill Run, and there were no paved streets and sidewalks.

In the days before Springfield was incorporated as a city in 1850, the peace of the hamlet was preserved by constables and later by marshals, the first marshal, James B. Berry, being incorporated in 1834, assisted by two deputies. He served three terms and was succeeded in 1842 by