John M. (John McAuley) Palmer.

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Born August 9, 1849, Mr. Wallace is a native of Pickaway county, Ohio,
his parents being William B. and Mary Wallace, both also born in the "Buck-
eye" state. The early years of our subject were spent in Indiana and Illinois,
chiefly, and his education was obtained in the public schools of those states.
During the falls and winters of 1870 and 1871 he taught school in Logan coun-
ty, with good success, but without expectation of making his main business in
life that of a teacher.

A quarter of a century ago Mr. Wallace began devoting his energies to
the mastery of legal lore, studying under the direction of T. T. Beach, of Lin-
coln. Admitted to the bar two years later, in January, 1875, the young man
at once entered upon his professional career in Mount Pulaski, Logan county.
Five years passed away, and he had won an assured position among the lawyers
of this section of the state, when he concluded to locate permanently in Lin-
coln. Opening an office here in 1880 he has steadily extended his practice, and
year by year has added laurels to his name. In 1888 his genius was publicly
acknowledged and his general popularity made manifest by his election to the
position of state's attorney, an office he ably and honorably filled for four
years. One notable case which he had defended, in 1884, before election as
prosecuting attorney, was that of Hall, who was sentenced to the penitentiary
for life (and died while in prison) for the murder of McMahon and two hired
men. Five years ago Mr. Wallace, with Messrs. Beach and Hoblitt, took the
case of John Wiley versus Day & Gillett to the supreme court of Illinois, which
rendered a judgment of five thousand dollars in favor of Mr. Wiley. His pow-
ers as an advocate have been demonstrated by his success on many occasions,
and his logic and ready command, of English, added to his large and varied ex-
perience in all the courts, make him an adversary not to be disregarded. His
standard of professional ethics is high, and personal advancement is a thing
which does not control his handling of any case, lest justice should not be sub-
served. For a period of some three years he was the city attorney of Lincoln.
Socially he is identified with the Masonic order, and religiously is _a Univer-
salist.

September 6, 1871, Mr. Wallace married Miss Hannah F. Hall, of this
county. They have five daughters, ranging from fourteen to twenty-four years
of age. They are all well educated and are very popular in the social circle
which they adorn. Their names are Elsie M., Myrtle, Mabel, Beulah and
Dorothy.

Carl Bekemeyer, the enterprising young attorney at law and notary public
of Mount Pulaski, Logan county, is one of the native sons of Illinois, his birth
having occurred in the capital city, Springfield, August 4, 1871. He is of Ger-



THE BENCH AND BAR OF ILLINOIS. 1017

man ancestry on both sides of his family, and both of his parents, William and
Amelia (Schwarberg) Bekemeyer, were born and reared in the Fatherland
across the seas. William Bekemeyer is still living, a respected citizen of
Springfield, but his wife has been dead for several years.

Carl Bekemeyer received the benefits of an excellent education in the pub-
lic schools of this state and completed his studies in Carthage (Illinois) College,
where he was graduated in 1892, and in 1894 he graduated in the law depart-
ment of the University of Michigan, at Ann Arbor. Upon graduating in 1894
and being admitted to the bar he gained the experience which he wisely con-
cluded that he needed, as a young lawyer, in the offices of Palmer & Shutt and
Conkling & Grout, of Springfield, Illinois. At the end of two or three years
passed in this manner, aided and guided by these firms of old and high stand-
ing in the legal profession, he ventured to embark in business upon his own ac-
count. Opening an office in 1897 in Springfield he succeeded in building up a
good practice, but, believing that he might better himself in several ways, he
removed to Mount Pulaski in the spring of 1898. His future is one of great
promise, for he possesses those qualifications which are essential to success.
Personally, he is very popular with all who enjoy the pleasure of his acquaint-
ance. Socially, he is identified with the Independent Order of Odd Fellows,
and in his political affiliations he is a Democrat. February 6, 1895, Mr. Beke-
meyer married Miss Leah Betts, of Keokuk, Iowa. The young couple have a
very pleasant home, in which they delight to entertain their numerous friends.



CHAPTER LV.

CHICAGO LAWYERS.

ORRIN-N. CARTER. The history of such a man as Judge Carter in-
creases the respect which lawyers entertain for their profession. His
record at the bar and on the bench has been so clean, so irreproach-
able, so just and commendable that all accord him the highest respect and ad-
miration and at the same time acknowledge his superior ability in the inter-
pretation of the law, his application of its principles and his broad understand-
ing of the science of jurisprudence in its manifold and complex departments.

Farm life, limited means, a district-school education, the labors of field and
meadow, such were the conditions of his early years. He was born in Jef-
ferson county, New York, on the 22d of January, 1854, and when ten years of
age accompanied his parents from the Empire state to Illinois, the family lo-
cating in Du Page county, where he remained throughout his minority. From
the time of early planting in the spring until the crops were harvested in the
autumn he assisted in the development and cultivation of the home farm, and
thus little time was left for the acquirement of an education. In the winter
months, however, he pursued his studies in the district school and a strong de-
sire was awakened within him to fit himself for life's responsible duties by a lib-
eral education. At length, as the result of his own exertions, he was enabled
to enter Wheaton College and was graduated in that institution in the class of
1877. In order to meet his expenses while pursuing his collegiate course, he
taught school and performed janitor's service at the college. In the meantime
he had determined upon the practice of law as a life work and after his gradua-
tion he came to Chicago, where he pursued his law studies under the direction
of Judge M. F. Tuley and General I. N. Stiles. He was county superintendent
of schools of Grundy county for two and one-third years, and also during that
time taught school. He resigned in 1882.

Admitted to the bar in 1880, Judge Carter began the practice of his pro-
fession in Morris, the county-seat of Grundy county, Illinois, and two years
later was appointed prosecuting attorney for that county, a position which he
filled in a most creditable manner for a period of six years. His taste led him
to give his attention more exclusively to civil law, and by several railroad com-
panies he was employed to condemn rights of way through the county. Since
1888 he has maintained his residence in Chicago. One of the most important
criminal cases with which he has been connected was that of the trial of Henry
Schwartz and Newton Wott for the murder of Kellogg Nichols, an express
messenger on the Chicago, Rock Island & Pacific Railroad. Judge Carter was
counsel for the prosecution, and though opposed by some of the most brilliant

1018



THE BENCH AND BAR OF ILLINOIS. 1019

lawyers of Chicago and Philadelphia, he succeeded in having both men con-
victed and imprisoned for life. In the preparation of his cases he was very
thorough and accurate, and the stand which he took was almost unassailable, by
reason of his strong fortification in the law, his skillful adjustments of the points
in evidence and his incontrovertible logic. Never sensational, he yet presented
such an array of facts, supported by precedent and the law, that his strength
was at once recognized and feared by his opponents.

In 1892 Judge Carter was appointed" attorney for the sanitary district of
Chicago (drainage board), and performed the duties of that position with ad-
mirable tact and success from March of that year until the fall of 1894, when
he resigned, having accepted the nomination of the Republican party for the
office of county judge of Cook county, to which position he was elected by a
plurality of more than fifty-two thousand votes. It was during his term of
office as attorney for the drainage board that almost all of the right of way for
that marvelous ship and drainage canal was obtained and land purchased to the
value of more than two million dollars. On November 8, 1898, Judge Carter
was re-elected judge of the county court of Cook county, by a plurality of more
than twenty-eight thousand.

For more than three years Judge Carter has now occupied the bench of
the county court and has won high encomiums from the bar, press and public.
The amount of work devolving upon him in this position is simply enormous.
There are more insolvency cases and trials for insanity in this court than in all
the other counties of the state combined. The special assessment cases handled
by this court also outnumber all similar ones in the state outside of Cook coun-
ty, amounting to a sum from seven million to fourteen million dollars per year.
There are a vast number of cases involving the right of property, and all these
added to the general common-law work of the court. But besides all these
strictly judicial cases the judge of the county court of Cook county is the real
head of the board of election commissioners, which has charge of the election
machinery of the city of Chicago and the town of Cicero, and the duties which
arise in this connection are many and arduous.

In his private, professional and official life Judge Carter is implacably op-
posed to chicanery and fraud, intolerant of wrong and always prepared for the
defense of abstract right or an oppressed individual; and although his intellect
is of a keen and incisive quality, he prefers the arguments of right and equity
to any that savor of sophistry and subtleties. He has always taken an active
interest in state and national politics and has delivered many addresses in ad-
vocacy of Republican principles. His is a distinctively legal mind, well trained
in the science of jurisprudence. As a judge he is learned and upright, with
wonderful quickness of comprehension. His opinions are noted for their terse-
ness, conciseness and brevity, and at the same time for their comprehensive-
ness and the simplicity of their language. In all life's relations he commands
the respect of those with whom he is brought in contact.

Judge Carter was united in marriage, in 1881, to Miss Nettie Steven, of



1020 THE BENCH AND BAR OF ILLINOIS.

La Salle county, Illinois, daughter of Allen and Margaret Steven: and they
have two children, Allen and Ruth.

G. Fred Rush is a lawyer who has used his profession for the benefit of his
fellow men, to advance the interests of good government and promote the gen-
eral welfare, entertaining a just conception of the purpose of law as the conserv-
ator of the rights and liberties of the people, as the protector of the weak
against the strong, the just against the unjust. As few men have done, he
seems to have realized some of the ideals of the profession to which he devotes
his energies. His reputation as a lawyer has been won through earnest, honest
labor, and his high standing at the bar is a merited tribute to his ability.

We quote the following paragraphs from the Chicago Law Journal June
10, 1898:

Mr. Rush was born in Milwaukee on the 2oth of October, 1863, but has
lived in Chicago ever since 1867. His parents were George Schuster Rush and
Theresa, nee Rost. His father was a teacher and writer who was in the recruit-
ing service of the United States during the war of the Rebellion. Mr. Rush
began his education in the grammar and high schools of Chicago and contin-
ued it in the University of Michigan, where he attained the degrees of A. B.
and A. M., besides completing one year of law study there. He finished his
law studies in Chicago, obtaining the degree of Bachelor of Laws from the law
school of Lake Forest University.

During his college course and after graduation he gave instruction in the
classical and modern languages and in mathematics, both as a tutor and as a
teacher in private schools.

After careful preparation, in which he gained a comprehensive knowledge
of the principles of jurisprudence, Mr. Rush was admitted to the bar and has
since engaged in practice in Chicago. He assisted in the prosecution of the
election cases by the Civic Federation in 1894 and 1895, when some thirty or
forty offenders were convicted under the regular election laws, some being sent
to the penitentiary and some being fined, the fines ranging from two hundred
to two thousand dollars. In 1895 Mr. Rush was retained by the Civic Feder-
ation to conduct the investigation of the stock-yards water steals, and in 1896
he was retained by the same organization to prosecute offenders under the
Crawford primary election laws, and he enjoys the credit of writing and sus-
taining in the courts the first and only indictments under the Crawford primary
election law that were sustained during the nine years the Crawford law was
on the statute books of this state. During thirteen years Mr. Rush labored to
secure election laws that will prevent fraud in the use of the American ballot,
and probably no representative of the ballot has studied so closely into the
subject or labored more earnestly to bring about the desired result. In 1885
Mr. Rush addressed the graduating class of the West Division high school on
the subject of reforms in primary elections, and since that time he has given
much thought and study to the problem. In the interest of the Civic Federa-
tion he has drafted and amended and watched every successive primary election
bill submitted to the Illinois general assembly, and the present law on the sub-



THE BENCH AND BAR OF ILLINOIS. 1021

ject is a monument to his thought and efforts in this behalf. At the New York
national conference on primary election reforms, in January, 1898, his address
on the Illinois law won much admiration for the system of this state, and its
main features have since been embodied in several bills in different state legis-
latures. Heretofore primary election laws were insincere and ineffective, and
were not brought into any legal relation with the state, so as to be under state
control. Primary elections were simply private elections. It was Mr. Rush
who discovered a basis of relationship of primary elections with the state laws
affecting nominations, and devised the necessary legal machinery so that the
state could control and protect primary elections, thus elevating them from pri-
vate to public elections under public control.

Mr. Rush is now occupying the position of master in chancery, to which
he was appointed on the election of Judge Farlin Q. Ball, and in December,
1897, he was re-appointed for another term of two years, so that he is the pres-
ent incumbent. His business in that line of law practice is unusually large, on
account of his recognized legal attainments and extensive acquaintance in the
profession. His diligence and energy in the preparation of cases, as well as
the earnestness, courage and tenacity with which he defends the right, as he
understands it, challenges the highest admiration of his associates. He in-
variably seeks to present. his argument in the strong, clear light of common
reason and sound 'logical principles.

Mr. Rush is a valued member of the Hamilton, Kenwood, University and
Kenwood Country Clubs, also of the Phi Kappa Psi College fraternity. In
politics he is a Republican and in religious belief a Presbyterian. He was mar-
ried in June, 1897, to Miss Katharine Xellis Carter, daughter of Marshall W.
Carter, and theirs is one of the hospitable south-side homes.

Charles S. Cutting, for eighteen years a member of the Chicago bar, has
gained a leading place among the lawyers of pronounced ability who have con-
ferred honor and dignity upon the state by their wise interpretation of the prin-
ciples of jurisprudence. He was born at Highgate Springs, Vermont, on the
ist of March, 1854, and is a son of Charles A. and Laura E. Cutting, of New
England descent. Educated in a high school and in Willamette University, of
Salem, Oregon, he then entered upon his business career as a journalist, ac-
cepting the position of assistant editor on the Cedar Rapids Times, of Cedar
Rapids, Iowa. Later he devoted some time to educational work, being princi-
pal of the high school at Palatine, Cook county, Illinois, for six years. He is
a man of strong mental endowments and marked intellectuality, and in both
professions was successful; but a still broader field opened before him when
he began preparation for the bar. He came to Chicago in 1874, and in 1878
entered upon the study of law, which he pursued in the office and under the di-
rection of the late Joshua C. Knickerbocker, being admitted to the bar in 1880.

Mr. Cutting at once entered upon the practice of law, and has steadily
built up a good business as experience, further study and practical training
fitted him for the mastery of the involved questions which come before the
courts of the present clay. He was master in chancery of the circuit court of



1022 THE BENCH AND BAR OF ILLINOIS.

Cook county from 1887 until 1890. His practice has been largely in the line
of civil law, and he has been retained as counsel in many important suits.
Among the more recent cases of prominence with which he has been connected,
and which demonstrated his superior ability, was that in which he represented
the town of Cicero. It involved the question of municipal taxation as applied
to the town of Cicero under its special charter. For many years it had been
a mooted question and had been decided adversely to the town by Judge Tuley,
which decision was reversed by the supreme court at the April term of 1898.
This case is so recent that at this date, June 3, 1898, it has not yet been re-
ported. Another case, reported in the I2ist volume of Illinois Reports, page
72, is the "Town of Palatine versus Krueger." The point involved was the
right of the owner of the fee in one-half of the street to the gravel in said half.
The supreme court held that the municipality had absolute control of all the
street, even as against the owner of the fee, who would not be permitted to dig
gr'avel without the consent of the village. This case was decided in favor of
the village before a justice of the peace; that decision was affirmed in the crim-
inal court; the second decision was reversed in the appellate court, and the
appellate court decision was reversed and the decision Of the justice of the
peace affirmed in the supreme court. This case created considerable interest
in law circles on account of the right which it involved of the city's control
over its streets.

For one year Mr. Cutting was attorney for the town of Cicero. He is now
a member of the firm of Cutting, Castle & Williams, which ranks high among
the leading law firms of the city. He is a member of the Bar Association and
the Law Club and has a large circle of warm friends among his professional
brethren. He is also connected with the Masonic fraternitv. The cause of ed-
ucation finds in him a warm friend and he did effective service in its interests
while for nine years a member of the board of education of Cook county. For
three years of that time he was its president, and for three years also he was
a member and president of the board of education of Palatine. In politics he
is a stalwart Republican, and in religious belief is liberal. He was married in
1876 to Miss Annie E. Lytle, and with their son, Robert M., they reside in the
pleasant little suburb of Austin.

John M. Gartside. History never has and probably never will furnish a
parallel to the marvelous growth of Chicago, but its advance in population has
been no more wonderful than the accomplishments of its citizens. Coming from
the best families of the east, they combined the resolution and stability with the
dominant progressiveness of the west, and while forced to grapple with the con-
ditions of frontier life, at the same time they won their way to a place among
the distinguished manufacturers, merchants, lawyers, physicians and scientists
of the country. When all this was done there occurred one of the most disas-
trous fires the world has known, and the city had to be builded again.
About this time there arrived in Chicago John M. Gartside. Although born in
the east, he spent the greater part of his youth in the west and came to this city a
young man to take his part in the establishment of the new Chicago and win



THE BENCH AND BAR OF ILLINOIS. 1023

his way to a position of prominence among the able members of her legal fra-
ternity. To-day he is prominently known as a skilled legist and the volume of
his law business indicates his success at the bar.

Mr. Gartside is a native of Pennsylvania, his birth having occurred in
Philadelphia on the 24th of August, 1849. His parents were Benjamin and
Caroline Gartside and both were born near the city of London, England. The
father was for many years a steel-plate engraver in the employ of John Sartain,
of Philadelphia, and is now living in Davenport, Iowa. He emigrated west-
ward in 1858, locating first in Iowa City, whence he removed to his present
home.

John M. Gartside, of this review, was a youth of only nine years when he
accompanied his parents to the Hawkeye state, and there he was reared to man-
hood, acquiring a good literary education, which was completed by his gradua-
tion in the Davenport high school. He then pursued a commercial course in
Bryant & Stratton's Business College, and for some years was employed in the
office of the Mutual Life Insurance Company of Chicago, in Davenport. He
came to Chicago on the 1st of October, 1870, and entered trie law office of Dent
& Black, prominent attorneys of the city, with whom he began preparation for
his professional career. At the same time he also pursued a course of instruc-
tion in a number of the higher branches of learning under a private tutor, and was
thus well fitted for the handling of the intricate problems of jurisprudence which
deal with almost every line of thought and action, which concerns man in his
relation to his fellow man.

After successfully passing an examination before the supreme court of Illi-
nois Mr. Gartside was admitted to the bar in June, 1873, but continued in the
office of his former preceptors, Messrs. Dent & Black, until 1876, acquiring a
practical as well as theoretical knowledge of the science of law. He then
opened an office and has since been engaged in practice alone. He has won
for himself very favorable criticism for the careful and systematic methods
which he has followed. He has remarkable powers of concentration and appli-
cation, and his retentive mind has often excited the surprise of his professional
colleagues. His preparation of cases is most thorough and exhaustive; he
seems almost intuitively to grasp the strong points of law and fact, while in his
briefs and arguments the authorities cited so clearly and directly support his
contention, and the facts and reasoning thereon are presented so cogently and
unanswerably as to leave no doubt as to the correctness of his views or of his
conclusions. No detail seems to escape him ; every point is given its due
prominence and the case is argued with such skill, ability and power that he
rarely fails to accomplish the result desired. For some years he has devoted
himself largely to corporation and realty law .and his success establishes his fit-
ness for those specialties.

In September, 1874, Mr. Gartside was united in marriage to Miss Annie
L., daughter of Levi and Elizabeth (Forey) Davis. Her father was the founder
and for many years the proprietor of the Davenport Gazette, published at Dav-
enport, Iowa. To our subject and his wife have been born two children, yet



1024 THE BENCH AND BAR OF ILLINOIS.

living: John and Grace. They also lost a daughter, Lily Claribel. Mr. Gart-
side is pre-eminently a home man ; for it is in his beautiful home, surrounded
by the members of that happy family circle, that he finds his greatest pleasures
and delights. He is well informed on the political issues of the day, and when
questions of national importance are considered he gives his support to the Re-
publican party. Socially, he is connected with the Union League Club, and re-



Online LibraryJohn M. (John McAuley) PalmerThe bench and the bar of Illinois : Historical and reminiscent (Volume v.2) → online text (page 57 of 83)