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Annual report of the Pennsylvania Bar Association, Volume 27 online

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his election for the fourth time to the Legislature.



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no REPORT OF COMMITTEE ON LEGAL BIOGRAPHY

The ability with which he presided over the House in
1895 suggested him as a candidate for his old place in 1903,
and he was a second time complimented with a unanimous
nomination by his party. This honor was duplicated in
1905, by his selection for a third time as Speaker without
any opposition. In 1904 Mr. Walton was re-elected a mem-
ber of the House by a largely increased majority.

Mr. Walton was President of the Board of Trustees
of Fairview Insane Hospital in Wayne County.

In 1910, he was elected Prothonotary of the Courts of
Common Pleas by the Board of Judges at their annual
meeting. The appointment was for a term of three years
at a salary of $10,000 a year. During the campaign of
1910 he was chairman of the State Republican Committee.

Mr. Walton was President of the Medico-Chirurgical
College and Hospital for a number of years. In recogni-
tion of his work in the cause of education Villanova College
conferred upon him the degree of LL. D.

Mr. Walton was a charter member of the Young Re-
publican Club, of Philadelphia, and one of the original
members of the Torresdale Country Club, a former presi-
dent of the Five O' Clock Club, and one of the founders; a
member "of the Columbia Club, the Historical Society of
Pennsylvania and the Penn Club. He was also a member
of the Union League and the Lawyer's dub.

"Mr. Walton was not only a splendid^ citizen type, but
he was in all essentials a humanitarian ; he loved his fellow '
men," Mayor Moore said of him.

"As head of the State institution for the treatment of
the criminal insane at Fairview, he probably accomplished
the best work of his career, though it was a work of self-
sacrifice. He gave personal attention to this institution
and visited it regularly, coming in contact with the inmates
and helping them in every way to better and happier lives.

"My personal association with Mr. Walton dated back
to the beginning of his political career. He made friends



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PENNSYLVANIA BAR ASSOCIATION III

everywhere. The basis of his success was a big and gen-
erous heart, an unflagging industry and the full appreciation
of the value and sanctity of home life."

Mr. Walton made a fine Prothonotary and placed the
office on a good business basis and administered it with
great efficiency.

White, Harry (40th J. D., Indiana), born January 12,
1834; died June 23, 1920. Admitted to the Bar in
1855.

The following is from the Pittsburgh Gazette-Times:

Judge White was born in Indiana. He was educated
in public schools here and later studied under the
same private tutor who, at that time, gave the rudiments
of learning to the late Senator M. S. Quay. Judge
White then studied at the old Indiana Academy, after which
he attended the College of New Jersey, now Princeton,
from which he was graduated in 1854. Young White
meant to go south to teach school for a time, but his father
prevailed on him to enter his law office, and he consented.
He was admitted to the Bar in 1855.

This year was the initial one for the Republican party
in politics. Naturally a leader, Harry White proved a
prominent factor in his party in the years between 1856
and 1860. Armstrong, Indiana and Westmoreland
Counties composed his congressional district, and in June,
1860, at Greensburg, he was nominated for Congress over
the late Senator Edgar Cowan. But White refused to try
for Congress, and the prize passed to another.

Judge White was among the largest land holders in
Indiana County. He was President and chief stockholder
of the Indiana County Deposit Bank and owner of large
blocks of stock in practically every industrial enterprise in
the district. He was a member of the Christ Episcopal
Church, worshipping in the structure his father, Thomas



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112 REPORT OF COMMITTEE ON LEGAL BIOGRAPHY

White, built. He was a Civil War veteran, a warm
friend of the Boy Scouts, a leader in the Grand Army of
the Republic ranks and a firm exponent of sterling
Americanism.

He was the oldest past master of Masonry in this State
and was the first past master of Indiana Lodge No. 313.

Like his father, he began as an attorney, grew inter-
•ested in politics, was elected to the State Senate and several
times re-elected; served for 20 years as Judge of the County
Courts and in late years demonstrated his legal acumen by
pleading some of the most important cases before the Su-
preme Court.

His career was sprinkled with unusual incidents. Early
in life he was nominated by the Republicans for Congress,
tut he refused to run because he was too inexperienced, and
-Supported another man for the place. At the outbreak of
the war in 1861 he formed a company, offered it to the
<jovernor and would have led it into action but for the
influence of his father, who persuaded the Governor to
refuse. Thereupon young White went to war anyway —
and when the Governor realized how determined he was
he gave him a commission as a major. While in service
Indiana County elected him to the State Senate and he
occupied the unique role of being a solon and a soldier
at the same time, traveling north to attend the sessions
and retracing his steps southward to rejoin his men. He
was still a Senator when the Confederates captured him
and it was because they knew his importance, in view
of' the deadlock in the Pennsylvania Senate between the
"war" and "anti-war" parties, that he was treated with
the harshness which featured the most disheartening
period in his career. He was a prisoner in various prisons
for 16 months before he escaped.

It is not generally known that Judge White was the
last man to be promoted by Abraham Lincoln. In Febru-
ary, 1861, he was brevetted a brigadier general.



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PENNSYLVANIA BAR ASSOCIATION tij

Judge White's most notable legislative achievement
was his framing of several sections of the State Constitu-
tion at the Constitutional Convention in 1873. He was
one of the last four survivors of the delegates to that body
which drew up so many sweeping changes.

It was not until 1862 that his regiment was ready for
active service. It was sent to relieve General Dick Coulter's
Eleventh Pennsylvania Regiment at Annapolis, and for
several weary months performed the task of operating a.
parole camp. Major White was detailed to protect a num-
ber of important railroad bridges there. A few months
later the regiment was sent to Harpers Ferry and the Shen-
andoah Valley.

In the fall of 1862, while Major White was in the
field, the people of his senatorial district, composed of Arm-
strong and Indiana Counties, without his request, elected
him to the State Senate. The Legislature met in 1863, and
President Lincoln sent Major White a leave of absence in
order that he might attend the session. He made occasional
visits to his regiment, which was stationed at Berryville,
Pa., in winter quarters. His salary as a Senator he refused,
giving it to the soldier's relief fund of his two Counties.

When he rejoined his troops there was active service
in the Shenandoah Valley. General Milroy was in com-
mand of the division, with headquarters at Winchester,
Va. Major White was assigned to the command of the
region from Berryville to Snickers Ferry. Almost daily
Mosby, Imboden, McNeal and other rebel partisans raided
the valley and there were frequent engagements.

Early in 1863, General Lee started on his campaign
to Pennsylvania. The Army of the Potomac, under
Hooker, was down the Rappahannock, near Fredericksburg,
and the only force between Lee's advancing army and the
Pennsylvania line was Milroy 's division. On June 11,

67763—8



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114 REPORT OF COMMITTEE ON LEGAL BIOGRAPHY

Early and Johnson, of Lee's army approached Winchester
and engaged with Union forces. The next day Major
White received an order to take the advance with infantry,
cavalry and artillery to the relief of Milroy. Winchester
was 12 miles away but, traveling a roundabout course.
White's troops did not arrive there until midnight, resuming
the fight next day. Milroy's division did not know it was
encountering Lee's whole army, but so it was. On June
IS, Major White was captured by the Ninth Louisiana
Tigers. Then began a period which he never forgot, so
fraught was it with bitter memories.

At the date of his capture all exchanges of prisoners
had been stopped. Major White was sent to Libby prison.
A special agreement as to surgeons had been made between
the two sides, and while at Libby, Major White tried to
escape with the group of Union surgeons. But before the
boat reached the "truce" ship it was recalled to shore. A
note was given the Confederate officer in charge and that
official promptly announced that there was an imposter in
the group, calling him by name and ordering him to step
out. Major White did so, defending his acting as justifiable
in war. "That may be," retorted the officer, "but back you
go." And back he did go — to a famous dungeon, where he
experienced solitary confinement at its worst.

The Pennsylvania Senate at the time was deadlocked,.
17 to 16, and required his vote to break the deadlock. It
was the angriest part of the war. Knowing his importance,
the Confederates had no intention of releasing him and so
giving aid to the enemy. Major White remained in soli-
tary confinement through the winter. On March 13, 1864,
he was placed in the stockade with other prisoners. North-
ern officials, in an effort to obtain his release, had told the
Confederates that they had his resignation as a senator,
but the Confederates doubted this and removed him to soli-
tary confinement at Salisbury, S. C. Later Major White



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PENNSYLVANIA BAR ASSOCIATION II5

managed to transmit his actual resignation by underground
methods.

In May, with other prisoners, he started for Anderson-
ville. At Chester, S. C, he escaped, but was retaketi and
sent to the penitentiary at Columbia. In late June he again
was started for Andersonville. Again he escaped, a few
miles out of Augusta, Ga., and this time was missing for
29 days. But he was recaptured, and to his death bore the
marks of the blood-hound's teeth which were part of the
ordeal of his recapture. Then he went to Macon, Ga., and
later to Charleston, S. C, where he was placed in the work-
house. There he was under the fire of Union batteries on
Morris Island, where that famous gun called the "Swamp
Anger' was shelling the City of Charleston.

In the latter part of 1864, General Sherman and
General Hood agreed to exchange prisoners captured
at and after the battle of Peach Tree Creek, Avhich
occurred in June, 1864. Major White, by a ruse, got
into the Union lines with the exchanged officers and
after sixteen months of imprisonment breathed again,
in Atlanta, the atmosphere of liberty.

While with the Army of the Potomac, he was put
on General Thomas' staff temporarily, and with him
went to Nashville where, after some hairbreadth
escapes from recapture, he reached his home in the
midst of the intense campaign between Lincoln and
McClellan. A political campaign was farthest from
his thoughts, but he leaped into the struggle against
the phrase, "the war is a failure," and at a meeting in
Philadelphia, November 2, 1864, with Governor Curtin
present, he defended the administration of Lincoln and
was accorded a thrilling ovation. Shortly afterward
he was commissioned colonel of his regiment and by
Lincoln brevetted brigadier general. When the army
was disbanded, he returned home and promptly was



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Il6 REPORT OF COMMITTEE ON LEGAL BIOGRAPHY

elected to the State Senate. He was re-elected in 1868
and again in 1871, and was the leader of his party in
passing many constructive measures.

In 1872 he became a candidate for governor of
Pennsylvania. He lost to General Hartranft, being
elected, however, a delegate-at-large to the constitu-
tionjil convention.

In 1876 General White was elected to Congress.
It was in the Forty-fifth Congress that he obtained the
first appropriation ever made for improvement of the
Allegheny River. One of the issues on which he has
been most energetic is that money be appropriated for
improvement of America's internal waterways. Gen-
eral White was re-elected to Congress and served a
second term, but when he might have had his third
term^ he refused. Yielding to his friends, he was
named President Judge of his judicial district. For
twenty years he served as judge of Indiana's County Courts.

In 1915 Judge White was elected commander-in-
chief of the Union Ex-Prisoners of War Association,
for life. He had been commandant of the organization
for twelve years prior to that time. He was judge
advocate general of the G. A. R. at the time of his
death.

Judge Harry White was a prominent figure in the
Pennsylvania Bar Association from its beginning down
to within a year of his death. In 1908-1909 he was
one of the Vice-Presidents.

Williams, James S. (1st J. D., Philadelphia), born in
1849; died June 17, 1921. Admitted to the Bar in
1877.

Mr. Williams was a graduate of Dickinson College
and of the Boston University Law School. Mr. Williams
read law in the offices of the late Francis Jordan and Lewis



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PENNSYLVANIA BAR ASSOCIATION II7

Hall of Harrisburg, and removed to Philadelphia where he
has been in active practice to the time of his death. He
was a well trained and careful practitioner, and gave close
attention to his client's interests. He was born in Bedford
County, Pennsylvania.

Williams, Smyser, Esq., (19th J. D. York), bom Octo-
ber 23, 1857; died July 10, 1920. Admitted to the
Bar September 15, 1879.

Mr. Williams began hi9( education at the York
County Academy and graduated from the York High
School in the class of 1873. He subsequently entered
Amherst College, but did not remain until the end of.
the course. He studied law with Thomas E. Cochran
and William Hay and was admitted to the Bar of
York County on September 15, 1879. He formed a
partnership. May 13, 1883, with Richard E, Cochran,
a fellow law student, who was admitted at the same
time to the County Bar, under the firm name of Coch-
ran & Williams. He was a referee in bankruptcy from
1898 to 1901. He was at the time of his death the
Vice-President of the York Trust Company in charge
of the trust department and a director of the York
National Bank, and secretary of the York Water Com-
pany.

The following is an extract from the minute
adopted by the York County Bar and ordered to be
entered on the court records.

"A native of York, educated in her schools, further
trained at Amherst College, he was admitted to the
Bar in 1879, and unremittingly devoted himself to his
chosen calling. His ability won prompt recognition
at the hands of his friends, his sphere of influence
widened with the passing years, and at his death he



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Il8 REPORT OF COMMITTEE ON LEGAL BIOGRAPHY

left a name writ large upon the professional, the
business and the civic life of this community.

"One of the secrets of his success, aside from his
absolute devotion to a righteous cause, was his sterling
honesty of mind and heart — the absolute probity of
his character.

"He carried into his daily practice and wore in his
Very heart's core' the highest ideals of justice. Gold
could not seduce him, nor could personal profit lure him
for an instant from his chosen path. His soul was spot-
less, his escutcheon clean, and his memory is a heritage
we well may prize, redolent as it is with honorable
achievement and fragrant with gracious deeds and kind-
'ly actions.

"In his death the Bar sustains a grievous loss. We
bear a burden the community shares, but we shall always
hold in grateful remembrance our years of intimate asso-
ciation with a character so gentle yet so strong, so kindly
yet so determined, and can find solace in the thought
that a personality so gifted and so true in its work on
earth, now shares the sunshine of immortality."

Young, George F. P. (3d J. D., Northampton), born
November 5, 1852; died March 25, 1921. Admitted
to the Bar December 21, 1880.

He attended Lafayette College, and was graduated
in the class of 1878. He was admitted to the Bar in
1880, and practiced law in Easton until the time of his
death. Mr. Young was for many years a member of
the School Board of the City of Easton, was solicitor for
the County Commissioners, and was the first elected
County Controller of this county. He had a large busi-
ness practice, and was yery careful in attending to the
interests of his clients. While his practice in the courts



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PENNSYLVANIA BAR ASSOCIATION II9

was not extensive, yet at all times he was honest in his
dealings with the Court, and occupied a very useful
position in this city.

The President: Next in order is the report of the
Committee on Admissions, George Wentworth Carr, Chair-
man. '

George Wentworth Carr, Chairman, Philadelphia:
Mr. President, I desire to present the report of the Com-
mittee on Admissions, which is in print and is as follows :



REPORT OF COMMITTEE ON ADMISSIONS

To the Members of the Pennsylvania Bar Association:

The Committee on Admissions reports :

At the 1920 annual meeting the following resolutions
(the second resolution having been amended so as to sub-
stitute the Committee on Admissions for a special com-
mittee), were unanimously adopted.

"Resolved, That this annual meeting of the Pennsylvania
Bar Association adopt as a principle for the guidance of its Presi-
dent, Executive Committee and Committee on Admissions the
desirability of increasing the membership of the Association, to
2000 by July I, 1922; and that the Executive Committee be author-
ized to make an appropriation to the Committee on Admissions
to meet clerical and other incidental expenses, in such an amount
as the Executive Committee shall deem necessary.

"Resolved, Further, That for the purpose of stimulating the
interest of present members in the work of the Association and
attracting new members the incoming President is hereby author-
ized to appoint a committee of seven, to formulate plans for
bringing the Association to its members and making its work
persistently helpful to the Commonwealth and the Bar; said
Committee to report to the next annual meeting, with the priv-
ilege of submitting a preliminary report to the Executive Com-
mittee of such matters as do not require the sanction of a meeting
of the Association so that, if the report meets with the approval



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120 REPORT OF COMMITTEE ON ADMISSIONS

of the Executive Committee, the special committee can make its
plans public early next year and then ask for the co-operation
of the members in reducing the plans to action."

The adoption of these two resolutions logically divided
the work of the Committee for the present year into two
parts; one, the normal work of building up the member-
ship, and the other, the formulation of plans to make the
meetings of the Association more interesting to its members
and the service of the Association more persistently help-
ful both to the people of the Commonwealth and the Bar.

PART I.
Increase in Membership

A — Membership of Other State Bar Associations
It is doubtful whether many of our members really
knew the relative rank of the Pennsylvania Bar Associa-
tion among the several state bar associations of the country
so far as its membership was concerned, and how its
activities compared with those of its sister associations;
certainly the members of this Committee did not possess
this knowledge, and for the purpose of becoming authorita-
tively informed, the Committee sent the questionnaire
attached to this report as Exhibit "A," to the secretaries of
the. forty-eight state bar associations. Replies were
received from twenty-eight associations, viz., Alabama,
California, Colorado, Connecticut, Florida, Georgia, Idaho,
Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Mas-
sachusetts, Minnesota, Missouri, Nebraska, New Jersey,
New York^ North Dakota, Ohio, Oklahoma, South Carolina,
South Dakota, Tennessee, Virginia, Wisconsin and Wyo-
ming. These replies, so far as they relate to the public, pro-
fessional and social activities of the associations are sum-
marized in the second part of this report.

The Committee has attached as Exhibit "B" a schedule
tabulating the answers to questions 1 to 5 (a), inclusive,
and believes that the schedule is deserving of the serious



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PENNSYLVANIA BAR ASSOCIATION X2I

consideration of every member of our Association. To
make a comparison between the associations as to mem-
bership, the Committee adopted the census of 1910 as the
basis, the census figures of 1920 not yet being available.

From these replies it appears that many associations
have an impressively large percentage of their entire bars
as members, and that their growth during the past ten years
has been most marked. Some of these associations (the
date of organization appears in parentheses following their
names), might be mentioned: California (1909), from 300
to 750, increase 150 per cent; Iowa (1895), from 400 to
1127, increase 182 per cent.; Massachusetts (1909), mem-
bership 800 (stationary) ; Minnesota (1900), from 510 to
1250, increase 140 per cent.; Nebraska (1910), from 400
to 675, increase 69 per cent. ; New York (1876), from 2016
to 3311, increase 64 per cent. ; Ohio (1880), from 793 to
1305, increase 63 per cent.; Pennsylvania (1895), from
1072 to 1575, increase 53 per cent., and Tennessee (1881),
from 400 to 700, increase 75 per cent.

The percentage of the bar represented in some of the
associations mentioned in the schedule makes suggestive
reading. Alabama 32 ; Colorado 30 ; Georgia 32.3 ; Illinois
31.6; Iowa 43.7; Kansas 28.5; Kentucky 25.4; Maine
39.90; Minnesota 52; Nebraska 46.4; Oklahoma 29.2;
South Carolina 48.2; South Dakota 49; Tennessee 33;
Virginia 35.9, and Wisconsin 35. Pennsylvania, with a
percentage of 23.94, compares favorably with New York
19.17; Massachusetts 18.1 ; Ohio 21.2, and New Jersey 19.3,
and ranks third in total membership being led only by New
York and Illinois, but makes a poor showing when com-
pared with Georgia 34.2; Illinois 31.6; lowfa 43.7; Kansas
28.5; Minnesota 52; Tennessee 33, and Wisconsin 35.

B — Our Own Membership Sitttation

As was stated in the Committee's report of last year,
the membership of the Association for fifteen years prior



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122 REPORT OF COMMITTEE ON ADMISSIONS

to 1915 had been about 1000 (1920 Annual Report, p. 146).
If any vindication were needed for the Committee's asser-
tion that without systematic, persistent campaigns for new
members there can be no growth in membership com-
mensurate with the increase in population and the size of
the bar of our Commonwealth, it was found as a result of
the careful study given this year by the Committee to the
annual reports. The Committee found that at the close of
the 1901 meeting the membership was 875. The next year
233 members were elected, raising the membership to 1039.
Between 1902 and 1915, inclusive, no systematic efforts
seem to have been made to increase the membership. Dur-
ing that period the highest number of members elected in
any one year was ninety, and the lowest, thirty, and the
average for the thirteen years was fifty-three. In 1915 the
membership was 1090, showing a net gain of only fifty-one
for thirteen years. In 1916, this Committee began a series
of State-wide campaigns for new members, with the result
that the membership reached 1575 in 1920.

These figures demonstrate, to the Committee's satis-
faction at least, the necessity of carefully planned and
persistently executed campaigns for new members if our
Association is in the near future to compare favorably in
point of membership with some of the states already men-
tioned.

At the time that this report goes to the printer
(June 6), the Committee has in hand 354 applications,
or 95 in excess of the record year of 1916 when
259 new members were obtained. When the number
of these applications is added to the estimated present mem-
bership of 1449 the total membership at the first session of
the annual meeting to which this report will be presented
will be 1803, thereby raising Pennsylvania's percentage
(based on 1910 census) to 25.02. Of course, it is to
be expected that many more applications will be received



Online LibraryPennsylvania Bar AssociationAnnual report of the Pennsylvania Bar Association, Volume 27 → online text (page 9 of 38)