of the war the Western Monthly was established "intended to be purely an institution of the West." Later in its career Francis F. Browne became the director of the Western Monthly, the name of which he changed to Lakeside Monthly. This publication "remains the one most distinctive in unalloyed literary appeal, the one most chaste and finished in form." It made no use of illustrations but its "typography became so nearly perfect that the Inland Printer has declared it to have been the best in any Chicago periodical excepting only that influential journal of literary criticism, the Dial, which Mr. Browne himself established later." The Lakeside suspended publication in 1874, owing to Mr. Browne's failure of health, "and thus was closed the career of an enterprise in periodical literature," says Fleming, “which, in many respects, was the most important in the history of the literary interests of Chicago."

Up to 1905 Mr. Fleming found, as the result of a search through the newspaper directories and among all the available files in the libraries as well as by means of private sources of information, that there had been three hundred and six literary publications attempted in Chicago, of which only thirty-six were in existence in the year mentioned. Of the latter, eleven were "mail-order" or "familystory" periodicals. The only high grade magazine which has had a long career and still survives is a journal of literary criticism, the Dial, established in 1880, and at the present time enjoying a satisfactory degree of prosperity and maintaining its high standard of excellence.

CHAPTER LVII

BENCH AND BAR

THE ORGANIZATION OF COOK COUNTY-FIRST CIRCUIT COURT JUDGE CATON'S RECOLLECTIONS EARLY COURT EXPERIENCES-CATON'S REVIEW OF THE HISTORY OF THE JUDICIARY-THOMAS HOYNE'S ARRIVAL IN CHICAGO-ADMITTED TO THE BAR IN CHICAGO-HOYNE'S ACCOUNT OF EARLY COURT

PROCEEDINGS-CHARACTER

OF

HOYNE-MELVILLE W. FULLER IN CHICAGO-HIS EMINENCE IN THE PROFESSIONTRIBUTE TO FULLER-THE JUDICIAL SYSTEM OF THE STATE THE CONSTITUTION OF 1848-COOK COUNTY COURTS-PRESENT STATUS OF LOCAL JUDICIARY-CIRCUIT COURT APPELLATE COURTS-THE MUNICIPAL COURT THE JUVENILE COURT--THE CHICAGO BAR ASSOCIATION.

HE County of Cook was organized by an act of the legislature, approved January 15th, 1831. The act creating the county named Chicago as the county seat, and provided that an election should be held on the first Monday in March following to choose one sheriff, one coroner, and three county commissioners. One of the sections stipulated that the public buildings should be located "on the public square, as laid off by the Canal Commissioners on the south side of the Chicago river." A "court house and jail" was also provided for, as well as a ferry at the "seat of justice." The board of County Commissioners was usually referred to as a "court," for the reason that in 1819 the legislature established a court of record in each county composed of three county commissioners, to be called the "County Commissioners' Court." This court had jurisdiction over the public roads, canals, toll bridges, licensing ferries and taverns, but without any original jurisdiction in civil or criminal suits except in cases where the public concerns of the county were involved. The constitution adopted in 1848 provided that the jurisdiction formerly exercised by the County Commissioners' Court should be transferred to the Board of Supervisors.

Up to this time the occasional requirements of justice were fulfilled by justices of the peace from those counties in the central portions of the state having a vast extent of territory lying within their jurisdiction, as described in a previous chapter of this history on the early counties of the state.

By an act of February 16th, 1831, it was provided that Cook County, together with fourteen adjacent counties, should be formed into the Fifth judicial circuit, that there should be two terms held annually in each of the counties named, and that Richard M. Young, should perform the duties of circuit judge. Judge Young was one of the circuit judges elected by the general assembly under the constitution of 1818. He was afterwards a United States Senator from Illinois.

It was said by Thomas Hoyne in a lecture delivered in 1881, on "The Lawyer

as a Pioneer," that "the first term of the circuit court held in Cook County was in September, 1888;" that the judge was Hon. Richard M. Young; and that he came again in May, 1884, and held court “in an unfinished frame or wood tavern, known as the Mansion House, upon Lake Street, opposite the present Tremont House."

Judge Caton in his later years recalled that the first term at which there was any law business done was in May, 1834, and that if court was held in the previous September there had been no cases before it. The reason for his belief that the term of court held in May, 1834, was the first, is that he himself, then a young lawyer, had a case before the court at the latter date, and he remembers that it was "Number One on the docket of the Circuit Court of Cook County," and he believes that this was "the first ever tried in Chicago in any court of record."

JUDGE CATON'S EARLY RECOLLECTIONS

In 1871, Judge John D. Caton made his last appearance in court. It was at the trial of a case before the Cook County Circuit Court held July 26th, of that year. Judge Caton was counsel for the defendant in the case of Milward et al. v. The Western Union Telegraph Company, and at the conclusion of his argument he took occasion to refer to the early days of his practice. "It is now more than thirtyeight years," he said, "since I commenced my professional career in the little hamlet where this great city now stands. Its site was then covered with wild grass, or native and tangled shrubs, while the river was broadly bordered with aquatic vegetation, leaving a deep channel along its center of clear and wholesome water, which was used exclusively for culinary and drinking purposes. Our two hundred and fifty persons were sheltered in rude cabins or small dwellings, and our only streets consisted of winding tracks along the banks of the river, or leading away to the interior.

"Clients were than scarce, but as there were but two of us to do the business, the only rivalry between us was as to who could most zealously serve his client with the greatest courtesy and kindness to each other. The late Judge Spring, who was then my social companion and my only professional competitor, has long since closed his professional career, and passed beyond the precincts of earthly courts, but not until he saw gathered around him a bar distinguished for numbers as well as for its learning. How great the change which these few years have wrought! How few are left of those who lived here then! Their numbers can be told on the fingers of a single hand. With what a throng are their places filled, among whom they are scarcely missed, except by a few old friends who knew them long ago.

"The village has grown into a great city, where hundreds of thousands are hastening with busy steps through the thronged streets, intent upon the accomplishment of individual enterprises, which aggregate into a great whole and make the wonder of the commercial world. . . This, then, was the only court of record to settle the suits of contending parties, and a single judge, in three days' session, could close the business of the year. Now, seven judges, in almost perpetual session, are unequal to the task.

"Judge Young was your honor's first predecessor, and he here held the first court of record in which I ever appeared professionally. Governor Ford was then State's Attorney in attendance, and also from abroad appeared Ben. Mills, whose

smooth flow of eloquence exceeded that of any man to whom I ever listened. There was also William L. May, of Springfield, and James M. Strode of Galena. James H. Collins had now joined our ranks at home, and he, with Mr. Spring and myself, then represented in this court the Chicago Bar. Though their numbers were but few, many of them have filled large pages in the history of our State, and their names will long be remembered even outside our professional circle. I succeeded Judge Ford upon the supreme bench when he was elected governor, less than ten years after the time of which I speak, and I sat upon that bench with Judge Young after he had served a term in the Senate of the United States; and, in 1846, I sat upon the bench which your honor now occupies, in his place, when he was kept away by sickness. Of all these not one is left! I was the youngest of them all, and I stand here alone, the last representative of the court and bar of Chicago of thirty-eight years ago."

SESSIONS OF COURT IN THE EARLY DAY

In the reminiscent address of Judge Caton here referred to a striking contrast is drawn between the two periods of which he speaks, the period of the early thirties in Chicago and the year 1871. It was less than three months before the great fire when he made this address. "It seems to me but as yesterday," he continued, "when we all first met together in an unfinished loft of the old Mansion House, just north of where the Tremont now stands; and yet the changes about us have been such, as, in other times and in other countries, centuries would not have accomplished. "The great advance in the arts and sciences, which one might think had culminated in our day, have made this progress possible, so that only when memory spans the space between now and then does it seem so short; when the mind slowly and carefully retraces the way, nothing but the important incidents strewn along the path, then it is that the road seems long. The years of patient and unflagging toil; the thousand obstacles met and overcome; the difficulties and uncertainties attendant upon every step of human progress; the hopes realized or broken; the ambition gratified or blasted; alternate success or failure which have left their record on the human mind,—all these tell us how long the way has been; and as advancing years slowly creep upon us, we feel less and less inclined, were the offer made us, to take the chances of another journey over the road of life, though the first may have been full of happiness, the memory of which alone is the sweetest joy, and though more than ordinary success may have crowned our efforts.

"The incident to which I have referred may serve to explain why I have felt a desire, after a lapse of thirty years, to appear again, and, probably, for the last time in this court in the simple capacity of a lawyer. Here I commenced my professional life. In this court I first appeared as an advocate. This was the first court of record which I ever addressed, and before it I first addressed a jury. The place, too, has its pleasing associations. Although for may years official duties required my residence in another city, yet Chicago was my first Western home, and has ever seemed more than half a home to me. The uniform kindness, cordiality, and support which I have ever received from her citizens, as well those who came after I left as those who were my neighbors before, have made me always feel at home here; and the respect and consideration which the bar of this city has ever manifested toward me have most keenly touched my sensibilities, and left an in

delible impression on my mind. Again have I appeared in the Cook County Circuit Court, and have done the best I could respecting a client's cause. Again have I received a patient and attentive hearing, and now with gratified satisfaction I retire, deeply sensible of the indulgence shown me, wishing your Honor and my professional brethren long and happy lives, crowned with honor and with usefulness."

THOMAS HOYNE IN CHICAGO

A man who for forty-six years adorned the legal profession in Chicago, from the time of his arrival in 1837 to that of his death in 1883, was Thomas Hoyne. Not only as an upright citizen was Hoyne known to the people of Chicago, but as a man whose sympathies were always with the best and highest things which contributed to the public welfare.

A self educated man he appeared in Chicago in September, 1887, when he was only twenty years of age, arriving here at the end of a month's journey from New York, where he had been born and brought up. In an address made before the Chicago Bar Association in 1881, Mr. Hoyne spoke of his early experiences, how he left New York city while a student of law, and at Detroit took passage "on the brig John H. Kinzie, which landed me," he said, "after a two weeks' tempestuous passage at one of the two only docks then upon the Chicago river. These docks were on the North Side, immediately adjoining the site of the present Rush street bridge. Here was then the great tavern or hotel known as the Lake House, just erected. There was also to be seen the tower of St. James Episcopal church—then the only brick meeting house in Chicago. At that day all the fashionable stores, the leading society people, and the handsomest dwelling houses, were on the North Side. It indeed strongly insisted upon being the main side and future city. "But I did not stay long on that side. Chicago river was crossed at Dearborn street by the only bridge with a draw raised by chains and crank, and to that bridge I hurried upon that September afternoon. My objective point was the Chicago courthouse, or clerk's office, where I was to find the earliest friend and companion of my boyhood, the late George Manierre, who was then deputy of the circuit court clerk, Colonel Hamilton. We had parted in sorrow from each other two years before at a dock in New York.

"As I sped on my way on foot, with satchel in hand, along the high rank grass of streets newly opened, I was fain to observe the length of the streets laid out without either sidewalk or house. I stood upon that antique bridge. I looked towards the junction of the streams, up to what is now West Water street, and for the first time caught glimpses of that mighty land, the 'far-off West' of my imagination; it had gilded my dreams of the future, and bounded every possibility of my life. I stood upon that antique bridge and recalled Byron's 'Bridge of Sighs,' but instead of a 'prison and a palace' here was a bridge with a past and future upon each hand. "All along these level banks and beyond these river shores shone the brightest of skies, bending down upon those untenanted fields-wild in their vastness and glory-the same as they had appeared to human eyes for thousands of years." The newly arrived young man was stunned when he came into view of the courthouse in the public square where "stood boldly out the columned Greek portico" in classical outline before his gaze. Here he found his old friend, George Manierre, “alone