The Columbian. (Bloomsburg, Pa.) 1866-1910, August 11, 1898, Image 1
VOL. 33 SOME MORE HISTORY. "We are now less than six months from the time of hold ing the primaries at which a successor to Judge Ikeler will be nominated." "Prior to 1888 the people of this judicial district did not know what a contest for Judge meant. Up to that time the Judges were selected by the bar of the district, generally by selecting a strong lawyer who lived outside, inviting him to become a candidate. The De mocrats always endorsed the selection made by the bar, and as a result of that practice, we were blessed ivith Judges that were an ornament to the legal profession, an honor to the bench and a credit to our Party that was responsible for their election." —Sentinel, Dec. 31, 1897. "Lewis, Donnel, Anthony, Pollock and Conyngham, were all able men, and ranked with the ablest judges in this state, and it was not necessary to have a self appointed committee of the bar of the district to go outside to find them either. In those days the bar of this district would have resented the insult, and the people who had to foot the bills would have repudiated their action. We must take issue with the "Columbian" when if says that "neither Conyngham, Woodward nor Elwell were office seekers." Conyngham was able to take care of him self with the politicians at any time. When Governor Johnston appointed Judge Jessup to succeed Judge Conyngham, it was this same ludge Conyngham, who, in order to defeat his successor, drew the bill to make the judiciary elective which was passed in 1851, and this Judge Conyngham whom the "Columbian" says was "one of the best judges the state ever had," succeeded in having himself nominated and elected and forced Jessup off the bench, even though it was necessary to wipe out by legislative enactment, our then system of choosing judges. Among all the men who have biought dignity and honor to the bench of this state, Judge Conyngham was the one man who knew how to get on the bench, and when on, how to stay there. Judge Woodward was brought into this district by influences that was anything but creditable to the local bar. What these in fluences were we may state in the future. When in 1862, Judge Elwell was invited in the same selfish interests prevailed ; but it will lie noticed that no effort was made along that line ten years ago, and only because it did not suit the convenience or interest of the prime mover in the schemes of getting Woodward and Elwell in the district. Now the same old influence is at work, but that it has run up against a wall there is no ques tion. Judge Elwell may or may not have known the motives of the schemer who succeeded in getting him on the ticket, and finally on the bench of this district. But that he was ambitious for political and judicial prefer ment, all know. This was no discredit to him. In 1866, while on the bench, he was our candidate lor Congress, and actually canvassed for votes. In 1874, he, as well as Judge Woodward, was a candidate for Judge of our Supreme Court, and expected the as sistance of a supposed friend here at home, to assist him in his ambition. But Judge Elwell then learned that the support of the tricky politician was a weak staff to lean on in lime of need. Woodward was the nomi nee, and Judge Elwell and his friends bit their tongues in their disappointment. In the face of all these facts, the "Columbian" says, "neither Conyngham nor Woodward nor Elwell were office seekers. The office sought them, tfce." This is history and we | know that the editor of the "Columbian" is familiar with some of the facts. To say that all of these men were not keenly alive to the main chance, when it come to ad vancement would be false, and that they all did not realize their fondest hopes was no fault of theirs."—"Sentinel," Aug. 5, 1898. The foregoing extracts from the Sentinel are reproduced here, first, to show that only six months ago that paper strongly endorsed the custom of making the selection of a Judge from outside the district; and secondly to refute some of the allegations contained in the second extract. The Sentinel does not seem to agree with itself. If it was right in December last, wheu it said that the bar of the district up to 1888 se lected strong lawyers from outside, and "that under this practice we were blessed with Judges that were an ornament to the legal profession, an honor to the bench and a credit to our party that was responsible for their election,'' it must be wrong now when it says that these Judges were selected by a self-appointed committee, and that Judge Conyng ham sneaked himself on the bench by a bill drawn by himself in the legislature, and that "Judge Wood ward was brought into the district by influences that was anything but creditable to the local bar," and that "Judge Elwell was invited Wfyc Columbian. here by the same selfish interests." But it it not true that Judge Conyngham "drew the bill to make the Judiciary elective which was passed in 1851." The Judiciary were made elective by a constitu tional amendment which was adopt ed by a vote of the people in 1850, and carried by a large majority. The change was made by the peo ple of the whole state, and there fore could not have been made for the benefit of Judge Conyngham alone, as the Sentinel would have it understood. In 1849 the Luzerne Represent tatives in the House at Harrisburg were Henry M. Fuller and Thomas Gillespy ; in 1850, John N. Cony ngham and Andrew Beaumont, and in 185 li* James W. Rhoads and S. S. Benedict. Judge Conyngham, therefore, was not a member of the Legislature when the Joint Resolution of 1849, proposing an amendment to make judges elective by the people in stead of appointable by the Gover nor, (by and with Senatorial appro val), was introduced and passed, nor was he a member when this Act of 15th April 1851, (P. Laws 651), for dividing this state into judicial districts was enacted into law. A second passage of the Constitu tional Amendment Resolution at the session of 1850, was a matter of course, being supported by public opinion and not strongly opposed, while a submission of the amend ment to a vote of the people, the fall following, as provided for at that session, was required by the constitution and the sworn duty of all the members. It will be seen from this state ment how false are the imputations upon Judge Conyngham. as made by the Sentinel writer, "that the judge drew this bill to make the judiciary elective," in order to defeat Judge Jessup ; that such bill was passed in 1851, "and that this Judge Conyngham succeeded in hav ing himself nominated and forced Judge Jessup off the bench even though it was necessary to wipe out by legislative enactment our then system of choosing judges.'' To all which we answer :—Judge Conyngham drew no such bill and no such bill ever existed ; he was not in the Legislature in 1851 to draw or pass any bill whatever ; the bill or act of 1851, referred to, was not an act to change the man ner of appointing judges but for reforming judicial districts and did not change injuriously to him the home district of Judge Jessup ; and lastly, the vacation of Judge Jessup's commission was not by virtue of any statute, but of the con stitutional change decreed by the people the year before. The act of 1851 made Susquehanna, Bradford and Sullivan the 13th Judicial Dis trict but in the fall of that year Judge Jessup did not choose to be a candidate for election therein. He became one of the candidates of his party for a judgeship in the Su preme Court, but failed of an elec tion. It seems like a useless expendi ture of time to say anything in con tradiction of the allegation that "Conyngham, Woodward and El well were all office seekers." That it is utterly false is known by every body who is old enough to remem ber the men, and honest enough to admit an established fact. Judge Conyngham was first appointed in 1839, at the request of his friends, irrespective of party, and was elect ed and re-elected. Judge Woodward was appointed by Governor Pollock in 185 G. upon the recommendation of the members of the bar of the several counties in the district, and in the fall of the same year was elected without opposition. Freeze's History says : "Judge Woodward was never a candidate for political office, in the ordinary sense of that term, but by devotion to his profession of the law, he qualified himself for high judicial positions, and obtained them with out personal solicitation or effort." When, in 1861, Judge Woodward was offered the nomination for Judge of Berks county, without so licitation or effort on his part, his resignation here was objected to by the bar, and he suggested the name of William Elwell of Bradford county, as a fit successor to himself. This suggestion was at once accept ed by the bar, and Judge Woodward wrote to Judge Elwell, asking him BLOOMSBURG, PA., THURSDAY, AUGUST IJ, 1898. if he would accept an appointment from the governor, if it was tender ed. This was the first intimation Judge Elwell had of the matter. He had never been in Columbia county except to pass through in travel, but once in his life, and that was when he was a law student many years before. The next time he stopped here was in December 1862, when he came to hold court after his election. In September 1961, a committee appointed by the bar of Columbia county, not a "self constituted committee," went to Laporte to see William Elwell who was then en gaged in court in the trial of causes. That committee consisted of Robert F. Clark, a Republicau, Col, J, G- Freeze, and Wesley Wirt. They had a paper signed by all the mem bers of the bar of this county, ask ing him to consent to be a candidate forjudge. They sent for him to come to their room at the hotel, but he, guessing what their mission was from the letter received from Judge Woodward, declined to go, but sent word that they could come to his room if they desired to see him. He had had time to consider the matter before hand, and hacj decided to accept the appointment, if tendered him by the Governor, and if at the end of a year he did not like the position, he could de cline to accept the nomination. This was early in the war, and the salary of the Judges was then only two thousand dollars *a year. His practice was worth several times that sum, and he therefore hesitat ed about accepting, but not know ing how the war would affect busi ness, he concluded that a certain salary, even though small, was better than uncertain fees, and he determined to give it a trial. There fore two days later he wrote the following letter, the original of which was found a few years ago among the papers of Robert F., Clark, and handed to th e editor of this paper. LAPORTE, Sept. 25, 1861. GENTLEMEN, Your letter of the 23 inst. desiring my consent to become the successor of Hon. W. J. Woodward, President Judge of this judicial district, in the event of his resignation, is received. The assurance which you give, that my appointment will be well received by the people without**dis tinction of party—the unanimity of the bar in the district upon the sub ject, and the fact that the district is one of the most pleasant and desira ble in the state all combine to con trol my decision in favour of ac cepting the appointment should it be tendered to me. Whether your present excellent Judge shall resign or not, be assured gentlemen, that the kind expressions of confidence contained in your letter are to me very gratiiying. , Yours Truly, WILLIAM ELWELL. To Robert F. Clark Esq., and other members of the bar of Columbia Co. Judge Woodward resigned, but the war feeling was so high at that time that Governor Curtin refused to appoint a Democrat, and so ap pointed A. K. Peckham, a Republi can. In 1862 the Democratic county convention of every coynty in the district unauimously nomi nated William Elwell for Judge. There was no other candidate, and 110 one else cad been mentioned for the place. Judge Peckham de clined to be the Republican candi date, and Judge Elwell was unani mously elected. In 1872, without any solicitation on his part, he was nominated by both Democrats and Republicans, and received every vote cast in the district but four. In 1882, the following correspond ence took place : HON. WILLIAM EI.WELL, Bloomsburg, Pa. DEAR SIR : The undersigned members of the Bar of Columbia County, in view of the approaching end of your Second Term, as the President Judge of the 26th Judicial District, hereby request that you will con sent to be a candidate for re-elec tion to your present office. May 1882: John G. Freeze, Samuel Knorr, E. R. Ikeler, C. B. Brockway, B. Frank Zarr, Hervey E. Smith, Wru. Chrisman, Paul E. Wirt, C. C. Peacock, L. S. Wintersteen, W. L- Eyerly, A. C. Smith, J. H. Maize, L. T. Thompson, Robt. S. Howell, W.J, Buckalew, Guyjacoby, Wm. H. Snyder, C. R. Buckalew. E. H. Little, C. W. Miller, Chas. G- Bark ley, W. H. Rhawn, Win. Bryson, R. Buckingham, A. L. Fritz, John C. Yocura, H. V. White, L. E. Waller, J. B. Robison, Robt. R. Little, T. J. Vanderslice, C. B. Jack son, Frank P. Billmeyer, John M. Clark, F. Stewart, A. K. Oswald. We, the undersigned members of the Bar of Montour County, join in the foregoing request of the mem bers ofthebarof Columbia County. Edward H. Baldy, William J. Baldy, Joshua W. Comly, B. K. Rhodes, Win. C. Johnston, Frank C. Angle, Geo. D. Butler, Henry Vincent, H. M. Hinckley, Jno. C. Montgomery, L. K. Mowrer, I. X. Grier, James Scarlet, Edward S. Gearhart. Judge Elwell accepted in the fol lowing language : To the Bar of the 26th Judicial District. GENTLEMEN, In complying with your unani mous request, that I will conseut to be a candidate for re-election to the office of President Jndge, I can not refrain from expressing the gratification which this token of confidence and regard has inspired. If it shall please the people to ratify your choice, it will be my pleasure to serve tnem to the best of my ability. Your Obt. Servant. Bloomsburg, May 15, 1882. WILLIAM ELWELL. He was again nominated by both parties, and elected. He never an nounced his name as a candidate for office, and never asked a man to vote for him iii his life. Judge Elwell was nominated for Congress in 1866. The district consisted of Bradford, Wyoming, Columbia, Sullivan and Montour. Ulysses Merctir was the Republican candidate and had beaten Piollet in 1864 by over a thousand majority. Letters from every county were received by Judge Elwell urging him to accept the nomination, but he had no congressional aspirations, and he declined untiLso much pres sure was brought to bear that he reluctantly consented. He was asked to give up an office that would continue for six years, and probably all his life, to accept a nomination in a strong Republican district, for a two year term, if elected, and he said that he did not want to relin quish a position that he liked and was fitted for, for one that he did not want, and which would keep him from home half the time. But yielding to strong solicitations he at last consented, and was defeated, much to his own satisfaction. The extent of his canvass consisted in making three speeches in Bradford county, because the party leaders demanded it. He did not make a single speech within his judicial district, and the allegation that he "solicited votes" is absolutely false. Again, it is said that Judge El well was a candidate for the Supreme bench, and when he did not succeed "he and his friends bit their tongues in their disappoint ment." This too is false, and the man who wrote it knows that it is false. That he was frequently mention ed by the papers of the state as a fit person for that position, is true. Having indulged somewhat in the habit of keeping a scrap book, we could fill this sheet with extracts from newspapers concerning his fitness for that office, and letters by the score can be produced showing that he was urged to allow his name to come before the state con vention whenever there was a Su preme Judge to be elected. But he uniformly declined, and his reasons were that he would be away from home most of the time, living in hotels ; that the additional pay would not compensate for the addi tional expense and labor, and he was entirely satisfied with the posi tion he was holding. In 1872, he received a paper signed by all the members of the Wyoming county bar and others, asking him to be a candidate. This was accompanied by a letter from W. E. Little Esq., saying : "A careful review of the field convinces me that there is a reason able certainty of your election if nominated, and a certainty of nomi nation if you will permit us to use your name in time." This was de clined. The Wyoming Democrat of May 8, 1872, says : "The name of Judge Elwell has been favorably mentioned by Democratic papers in d'Terent parts of the state, in con- Take Advantage OF THIS *► OPPORTUNITY * WHILE IT IS HERE. YOU MIGHT REGRET IT LATER. Hundreds of Suits for Men and Boys. Hundreds of pairs of Fine Shoes for Men, Boys, Women and Children. Hundreds of Hats are here and must be sold out complete ly, and at ABSOLUTE COST. $5, 6, and 7.50 buys Men's Suits that cost from $2 to $4 more at any other store. $1.50 and $1.98 Buys Boys Suits worth from 75c. to SI.OO more. 98c. and $1.98 buys Men's or Women's Fine Shoes, retailing from 50c. to $1 more at any other store. 50c. buys $1 Percale Shirts, attached collars. 25c. buys 50c. Straw Hats. Single pants to match up coats and vests, beautiful kinds at $1.50 and up. ■ft** ~ ~ GIDDINC & CO. nection with the candidacy for Judge of the Supreme Court." THE COLUMBIAN of May r, 1872, then edited by H. L. Diefifenbach, aniiounced by authority that Judge Elwell would not consent to be a candidate for that office. In 1873, his name was presented before the Democratic state conven tion at Wilkes-Barre for the Su preme bench, against his wishes, and without his consent, and not withstanding this his vote was next to the highest among a number of names. In 1874 there were two Judges of the Supreme Court to be elected, which made the election of the Democratic candidate sure. Sena tor Buckalew went to Judge Elwell and urged him to accept the nomi nation. Letters from Philadelphia, Pittsburg, Wilkes-Barre, and from nearly every county in the state were received, urging him to be a candidate. Mr. Buckalew assured him that he was his first choice, and that he would do all in his power to secure the nomination. After considering the matter a few days Judge Elwell told Mr. Buckalew that he positively declined to go be fore the convention, and then it was that Mr. Buckalew turned his at tention to Judge Woodward, and the latter was elected. The allega tion that Mr. Buckalew betrayed Judge Elwell is utterly without foundation. In 1877 Judge Elwell was nomi nated for Supreme Judge by the Union Labor Party at Harrisburg, without his previous knowledge, and he promptly declined. This is the record of a man known to the people of this county for thirty-two years, who relinquished his office voluntarily ten years ago, and who has been in his grave for nearly three years, and who now for the first time during his life or since, is said to have held the hon orable position which he filled so long, because he was an "office seeker.'' We are charitable enough to be lieve that the object of the writer of the Sentinel article was not so much intended to besmirch the memory of dead men as it was to help a living one. While there is no dis grace connected with office seek ing when properly and honorably NO. 32 pursued, the people of this district, have not yet become accustomed to ' that method offllling the Judgeship. They believe that for forty years the office sought the man, and they know that "as a result of that prac tice we were blessed with Judges that were an ornament to the legal profession, an honor to the bench, and a credit to our party." To charge now that Couyngham, Woodward and Elwell were select ed by discreditable and selfish in fluences, by a ' 'schemer," is a gross insult to the bar which unanimous ly participated in those selections, and it is a greater insult to the peo ple of the district to accuse them of being hoodwinked and deceived into supporting without opposition for so many years, men who were foisted upon them by a "schemer" or by a "self constituted" com mittee. We must apologize for having taken so much space for a matter that may seem like one of only per sonal interest to the writer, but it must be remembered that the re cords of these distinguished jurists belong to all the people ot the dis trict, and not alone to the immedi ate families, and an attack upon their memories is an attack upon the people who placed them in high position and kept them there so long, and for this reason we have now for the first time given the public some facts that have never appeared in print before, but every one of which is capable of proof by reliable living witnesses, as well as by the records of that period. Beside the race meet of the Bloomsburg Wheelmen to be held in the afternoon of Saturday August 20tli, there will be a game of base ball in the forenoon between Ber wick and a club to be culled from Bloomsburg's best material. Ber wick has a great record this season, winning nearly every game, and a close and exciting contest is antici pated. Ent Post No. 250 G. A. R. will hold its annual camp fire on Friday and Saturday evenings of next week, in the Tabernacle on Market Street. Music for the occasion will be fur nished by the Bloomsburg Band. A good time is promised all who attend.