Summer, 1991 Volume 26, Number 2

RAMSEY COUNTY Summer, 1991 Volume 26, Number 2

A Publication of the Ramsey County Historical Society

Education was a serious matter in 1911 when these boys and girls attended the Stoen School on the western prairie of Minneso ta. It has been preserved and restored as the one-room country school at the Ramsey County Historical Society’s Gibbs Farm Museum in Falcon Heights. See the articles beginning on Page 4. RAMSEY COUNTY HISTORY Executive Director Daniel J. Hoisington Editor Virginia Brainard Kunz

RAMSEY COUNTY Volume 26, Number 2 Summer, 1991 HISTORICAL SOCIETY BOARD OF DIRECTORS Gregory K. Page Chairman o f the Board CONTENTS William S. Fallon President 3 Joanne Englund Letters First Vice President 4 The Little White School House on the Prairie Anne Cowie Wilson Second Vice President Harlan Seyfer Robert O. Straughn 14 Dog Sled to Private Car: The Peregrinating Hills Secretary Thomas C. Buckley James P. Wicker Treasurer 2 2 Walter Sanborn and the Eighth Circuit Court Thomas Boyd, John Costello, Deborah Thomas H. Boyd Gelbach, Joan Grzywinski, Lorraine Hammerly, Liz Johnson, John M. Lindley, 2 8 A Matter of Time Frank Marzitelli, Dr. Thomas B. Mega, Laurie Murphy, Richard T. Murphy, Sr., 3 0 Books, Etc. Marvin Pertzik, Mark Stein, Laurie Zenner.

EDITORIAL BOARD 31 What’s Historic About This Site? First National Bank John M. Lindley, chairman; Thomas H. Boyd, Thomas C. Buckley, Charlton Dietz, of White Bear Lake Thomas J. Kelley, Arthur McWatt, Dr. Thomas B. Mega. Publication of Ramsey County History is supported RAMSEY COUNTY COMMISSIONERS in part by a gift from Clara M. Claussen and Frieda H. Claussen Commissioner Hal Norgard, chairman in memory of Henry H. Cowie, Jr. Commissioner Diane Ahrens Commissioner John Finley Commissioner Ruby Hunt Commissioner Duane McCarty Commissioner Don Salverda Commissioner Warren Schaber A Message from the Editorial Board Terry Schütten, executive director, Ramsey County Ramsey County History is published quarterly hile this issue of Ramsey County History focuses on the school by the Ramsey County Historical Society, house at the Gibbs Farm Museum, the peregrinating family of 323 Landmark Center, 75 W. Fifth Street, W St. Paul, Minn. 55102. Printed in U.S.A. James J. Hill and the career of Judge Walter Sanborn, the Editorial Copyright, 1991, Ramsey County Historical Board already is looking ahead to the fall issue. On November 1, the Society. ISSN Number 0485-9758. All rights reserved. No part of this publication may be city of St. Paul will celebrate the 150th anniversary of the naming of reprinted or otherwise reproduced without the city. Ramsey County History will share in this celebration with an written permission from the publisher. article on “the real” Pierre “Pig’s Eye” Parrant, a look back at the ear On the Cover: School children pose with their teacher, Andrew Peterson, the man in ly days of St. Paul and a fascinating account of the experiences of one the hat. Ernie Kittleson, who gave this of the city’s first settlers—the Perry family. We at Ramsey County photograph to the museum, is the little boy second from the left in the front row. See H istory look forward to this landmark event next fall and hope you articles beginning on page 4. will, too. Acknowledgements: Photographs with the articles on pages 4-13 are from former Stoen school students and teachers. Those of We also remain interested in your comments on articles in Walter Hill on page 18; Walter Sanborn and past issues of this magazine. We’re inviting you to bring a bag his family on pages 22-27, and Kittsondale on page 29 are from the Minnesota Historical lunch and participate in the second in our new discussion series Society’s audio-visual library. Other Hill based on these articles. Please join us from 12-1 p.m. Thursday, family photographs are from the James J. Hill Papers at the James J. Hill Reference July 18, in Courtroom 408, Landmark Center, St. Paul. Library, St. Paul, and are used with the library’s permission. The photograph on page 31 is from the Ramsey County Historical —John M. Lindley, chairman, Editorial Board Society’s historic sites survey file.

2 RAMSEY COUNTY HISTORY Walter Sanborn and the Eighth Circuit Court

Thomas H. Boyd

t the time of his death in 1928, tains passes in review before him for hours 1819, and John B., bom on December 15, Walter Henry Sanborn had be as he reaches the head of Lake Win- 1826. Acome known as one of America’s nepesaukee, nor how, as he stands there, Henry grew up on Sanborn Hill and en foremost jurists. Tributes were forthcom that vast multitude of mountains to the rolled at Dartmouth College, but he was ing from distinguished judges and lawyers north stretched up towards Mount forced to leave after a year because of fail throughout the country. The city of St. Washington, fills the horizon and mounts ing health. He returned to Epsom and Paul, however, had long been aware of toward the zenith.” operated the family’s farm, but he also oc Judge Sanborn’s talent in the law and his Sanborn’s parents, Henry F. and Eu cupied seats in the New Hampshire House commitment to public service. Although nice Davis Sanborn, each came from fami and Senate, as well as serving for six years his appointment to the United States Court lies distinguished by patriotism and public as an Epsom selectman. In 1843, he mar of Appeals for the Eighth Circuit caused service and throughout his life, Sanborn ried Eunice Davis. him to travel throughout the ten western was proud of his family’s heritage. In fact, Walter was the eldest of Henry and Eu states in that circuit, Judge Sanborn always Sanborn remarked that, “the product of nice’s children. He and his brother, Ed returned to St. Paul and his home on 143 New England most valued by its people ward, grew up working on the family’s Virginia Avenue. has been men, intelligent, thoughtftil, farm. The Sanborns inspired a strong work “For 40 years children of the neighbor righteous men. . . . Love of justice and ethic by giving them substantial responsi hood have been reared to watch their play persistence have been striking characteris bility, but they also encouraged their chil and hold their shouts when, in the eve tics of the New England people.” dren to grow intellectually. Walter San nings, the lights in the judge’s library sent The history of the Sanborns in America born attended the local public school as he out the message that he was at work,” the began in 1632 when ten-year-old William was growing up. He was an avid reader at St. Paul Pioneer Press wrote upon his Sambourne arrived in Boston with his an early age, and took part often and with death. “He was the first hero of many men grandfather, Steven Bachiler. They settled some success in local lyceums and spelling and women who are now approaching old in Hampton, New Hampshire, where Wil competitions. age. And they stilled the enthusiasm of liam grew up and was elected to four terms His character as a youth seems to have their childhood’s play that the judge might as selectman of the town. William’s son, been marked by great determination and have the quiet he needed to write the great Josiah, was elected to the New Hampshire substantial industry in attaining his goals. decisions with which his name is legislature in 1695. It was Josiah’s son, In 1863, after his parents decided to send couched.” Rueben, who altered his surname to “San him to school in Meriden, New Hamp born” and purchased the land near Epsom, Early Life shire, for a year to prepare him for admis known later as Sanborn Hill. The property sion to Dartmouth, he journeyed to Sanborn’s roots and early years were became the family seat and was passed Meriden with his friend, Almon F. Cate, not unlike those of David H. Souter, the down to the eldest male child of each to interview with the school’s principal. newest associate justice of the United generation. Rueben’s son, Frederick, was The principal informed them that due to States Supreme Court. Sanborn was born bom there in 1789. On March 20, 1816, their lack of formal education they would on October 19, 1845, in the same farm Frederick married Lucy L. Sargeant, the need two more years of preparation for ad house that was the birthplace of his father, daughter of the Reverend Benjamin Sar mission to college. Sanborn and Cate left grandfather and great grandfather. The geant, who had joined the Continental the principal’s office, walked seven miles home was a large brick house on top of Army as a drummer boy when he was only to a train station, took a train to Dartmouth “Sanborn Hill”, two miles from Epsom, fifteen and had served throughout the and requested immediate admission. New Hampshire. From this vantage point, Revolutionary War. Later he became a They were interviewed by Professor one could see the faint but majestic line of Baptist minister and preached for many James W. Patterson, later United States Mount Washington 100 miles away. San years in Pittsfield, New Hampshire. It was senator from New Hampshire. The appli born fondly recalled the beauty of this there that he literally died in the pulpit cants persuaded Patterson to grant them place during a speech in 1908 when he while he was reading a hymn to his congre conditional admission, providing they declared that he could “never forget what gation. Frederick and Lucy Sanborn had maintained a regular academic schedule a panorama of hills and valleys and moun two sons: Henry F ., bom on February 26, while also performing make-up work in

22 RAMSEY COUNTY HISTORY certain areas. Sanborn’s academic perfor from Dartmouth, Sanborn left for St. Paul. mance was excellent. In 1866, he was one As was the custom, he continued to of only two students elected by the student study law in his uncle’s office, chiefly body to participate in the annual college copying legal documents by hand until his debate. The following year he graduated as admission to the bar. “There were neither class valedictorian. Sanborn’s cousin stenographies nor typewriters in use in the recalled in a 1909 interview for the Boston law offices or the courts of this city in those Sun Post, Sanborn’s persistence, dedica days, and pleadings, notices and testimony tion and hard work even at home between were written out in longhand,” he wrote terms: “He studied and plowed, hayed and later. studied, and studied and dug potatoes and Sanborn and other young men prepar schuck corn, but he always studied.” ing to practice law studied the styles of the While pursuing his bachelor’s degree, great lawyers of the day. In St. Paul they Sanborn also taught school in New Hamp included Cushman K. Davis, later United shire during the winter terms. He was a States senator; James Gilfillan, subse firm and skilled teacher. After graduation, quently chief justice of the Minnesota Su he was appointed principal of the Milford preme Court; Charles E. Flandrau, who high school, where he served until 1870. became a Minnesota Supreme Court jus The school board pronounced him the tice and had led the defense of New Ulm most “successful teacher Milford ever had . Walter Sanborn as a young man. Photo: during the Dakota Conflict; George B. and the first one that prepared boys for col Minneapolis Star Tribune. Young, another Supreme Court justice; lege.” Not that all of his pupils were Greenleaf Clark, who also went on to “boys.” It was during his tenure as prin you study law with me. How much money serve on the Minnesota Supreme Court; cipal that Sanborn met his future wife, you can make, just as I can make, will de Horace Bigelow, who practiced with both Emily F. Bruce, a student at Milford. pend entirely upon the effort and trial. I Flandrau and Clark and enjoyed an excel have been absent from St. Paul so much lent reputation as an appellate advocate; The Practice of Law that I should be a new man there almost but and, of course, John B. Sanborn. Walter Sanborn’s uncle, John B. San think there would be work enough to do.” Because the St. Paul College of Law, born, had attended Dartmouth for a year General Sanborn offered to give his which later became the William Mitchell before leaving to study law. In 1854, John nephew a place in his office where he could College of Law, was not founded until B. Sanborn left New Hampshire, settled in continue to study law and eventually prac 1900, Sanborn and his peers “learned in Minnesota and began a law practice in St. tice upon admission to the bar. He also the law offices how to commence and con Paul where he became active in politics. In offered to provide board and lodging and to duct lawsuits, as directed by our employ 1859, he was elected to the Minnesota give him one quarter of the office’s net ers, and, from our actual observation of House and two years later to the Minnesota earnings every three months. However, the actual trials of them in this court . . . Senate. After the Civil War broke out, General Sanborn made it clear that, at least we learned how to try lawsuits. Nor was Governor Alexander Ramsey appointed for the time being, “business shall all be this such a bad law seminary after all.” Sanborn adjutant and quartermaster done in my name.” Walter Sanborn was admitted to prac general of Minnesota. He subsequently He concluded by stating, “the effect of tice in Minnesota on January 28, 1871, was named colonel in command of the this proposition is to give you a good com along with Homer C. Eller, Charles E. Fourth Minnesota Infantry Regiment and pensation if you work hard and do busi Otis, W. D. Cornish, John D. O’Brien, C. eventually rose to the rank of brigadier ness,” and added, “if, there should be no D. O’Brien, and Hascal R. Brill. All of general. business you get your entire time to study these men went on to successful law prac After the war, in September, 1867, and have nothing to pay out except for tices and each eventually ascended to the General Sanborn was appointed to the clothes. I get no interest on my investment bench. Peace Commission created to negotiate unless the money is made out of the busi Upon admission to the bar, Sanborn treaties with Native American tribes. ness. At the end of a year we can tell better and his uncle’s practice began in earnest. Known as “Black Whiskers,” he was one of how matters stand and what ought to be Sanborn & Sanborn would exist for more the few commissioners whom the Native done next. . . .” than twenty years and involve Walter San Americans trusted. In the midst of his Besides teaching, Walter Sanborn had born in more than 4,000 cases, many of Peace Commission service and during a continued to take courses at Dartmouth them significant and well-publicized. As brief layover in Omaha, Nebraska, John and had begun to study law at night, on was common in those days, Sanborn’s wrote to his nephew, Walter: Saturdays and during vacations in the law practice included a variety of areas of the “As soon as we return I shall establish office of Bainbridge Wadleigh, later Unit law. myself in the business of law in St. Paul or ed States senator from New Hampshire. In In 1881, Walter Sanborn represented some other point, and shall be glad to have 1870, after receiving a master’s degree the colorful Judge Eugene St. Julien Cox

RAMSEY COUNTY HISTORY 23 during a trial before the Minnesota Senate. Cox had practiced law in St. Peter, Min nesota, before the Civil War. During the war, he served in the Union army for a short time, then returned to Minnesota to lead a company of Minnesota volunteers who, among other things, provided pro tection in New Ulm during the Dakota Conflict in 1862. He later served in the Minnesota House and Senate. In 1878, he was elected to the district court in south western Minnesota. Before long Cox was charged with performing his duties while under the influence of alcohol and he was impeached by the Minnesota House. The prosecution was managed by Lo ren Warren Collins, who later became a Minnesota Supreme Court justice. The de fense initially objected to the charges against Cox on the grounds that they failed to state impeachable offenses. This argu ment was based on the premise that one could not be impeached for offenses that did not exist at common law. The defense further argued that the charges related to personal conduct and in no way alleged the improper discharge of his duties as judge. In his brief, Sanborn frequently drew an Paul’s corporate counsel was to be held on dence showing that Warner had physically analogy between Cox’s predicament and the second Tuesday in March. He moved assaulted his wife. the impeachment trial before the United that the City Council hold its election the In an era when some behaviors were States Senate of the “sometimes tipsy Andy following Tuesday. 0. E. Holman, a fel more often accepted, Sanborn declared Johnson.” Thirteen years earlier, Presi low Republican, was elected instead, but that, “it is the right of a man when his wife dent Andrew Johnson had been acquitted Murray refused to surrender his office and makes false charges in the presence of his of articles of impeachment. He was ru Sanborn instituted proceedings to halt fur family to compel her to leave the room. mored to be an alcoholic after he appeared ther action by Murray as city attorney. The That is what Mr. Warner did and none to be intoxicated at the 1864 inauguration Minnesota Supreme Court upheld San more . . . she deserved the caning she of Abraham Lincoln. born’s interpretation of the law and Hol received.” Sanborn’s defense resulted in a Sanborn’s argument was unsuccessful. man took office. verdict for Warner. While the vote barely achieved the requi In 1891, Sanborn was involved in the Sanborn & Sanborn was considered an site two-thirds affirmative ballot, Cox was celebrated Warner divorce case, excellent training ground for aspiring at nonetheless convicted of seven of the representing Lucien Warner. The case was torneys. Young men who studied in the original twenty articles of impeachment. closely followed by the St. Paul Sanborns’ law office include Frederick N. He was removed from office March 22, newspapers. Warner was a prominent Dickson and Charles Bechhoefer, both of 1882. Although unsuccessful, Sanborn businessman and leader in the community. whom eventually were appointed to the and his colleagues were praised for their Two years after his first wife died, Warner Ramsey County District Court; W.W. defense. had married Sadie Jones, widow of Gener Dunn, later a United States senator; and Sanborn demonstrated a genius for pro al Fielden A. Jones, in 1886. Sanborn por Samuel Whaley, who became United cedural matters throughout his career. An trayed the Warners’ relationship as one in States commissioner. example stems from events that began on which Mrs. Warner was violently obses the first Tuesday of March, 1889, when sive and jealous of her husband’s every ac Family and Community the St. Paul City Council reelected Wil tivity. Sanborn described Warner’s life to In 1874, Sanborn married Emily F. liam P. Murray as attorney for the city. the jury as “a little hell” because his wife Bruce, his former pupil who had gone on Murray, who already had served for four was constantly accusing him of adultery, to graduate from Wheaton College. Five years, was also Democratic party counsel. physically and verbally assaulting him, years later they built their home at 143 Vir Sanborn, a Republican, discovered that and scheming to get his property. Her at ginia Avenue on St. Anthony Hill where under Minnesota law the election of St. torney, on the other hand, introduced evi they raised their four children: Bruce, who

24 RAMSEY COUNTY HISTORY became an attorney with the St. Paul firm ing the trial of any case.” Four years later created. The circuit justice, the circuit of Sanborn, Graves & Ordway, and served the St. Paul Dispatch noted that “not only judge, or a district court judge could pre on the St. Paul City Council; Henry, who as an advocate has he won distinction side over trials and any two of them could was an agent for the St. Louis and San among the members of his profession, but sit together as a panel. While this provided Francisco Railway Company in Kansas he is noted among them for his illuminous some relief, the Circuit Court continued to City; and Grace and Marian, both of whom and exact expositions of the law .... A burden the members of the Supreme remained in St. Paul and married, respec hard-headed, self-contained, somewhat Court. In 1891, Congress enacted the Cir tively, C.G. Hardin and Grant Van Sant. reserved man, the impression he invaria cuit Court of Appeals Act which relieved A year before his marriage, Walter bly leaves behind him is that he possesses the Supreme Court justices of circuit court Sanborn was elected to the St. Paul City in reserve resources of intellect and duty by creating nine more circuit court Council. After the Sanborns moved to Vir character which will not be drawn upon ex judges. Thereafter, circuit court panels ginia Avenue, he was elected again in 1885 cept as occasion may demand.” were composed entirely of circuit and dis to represent the St. Anthony Hill area. He trict court judges. President Benjamin was the council’s youngest member, and Harrison appointed Walter H. Sanborn to he served through the early 1890s. While the United States Court of Appeals for the on the council, Sanborn was responsible Eighth Circuit in 1892. for such improvements as paving the At the time of Sanborn’s appointment streets in the St. Anthony Hill area and es and throughout his service, the Eighth Cir tablishing cable and electric railways cuit included ten states and three territo throughout the city. Indeed, in 1889, he ries, or one-third of all of the United engineered the council’s approval of the States. It was the largest circuit in popula streetcar line built by Tom Lowry, presi tion and size in the country, and it had the dent of the St. Paul City Railway Compa heaviest docket. At that time, the court was ny. Sanborn argued that rapid transit was three years behind in its docket. Cases essential to the city’s development and were being filed at a rate of 600 to 700 a would open suburban areas by allowing year with a court that could only dispose of people to travel to the city’s outskirts and approximately 450 cases a year. The build homes. Eighth Circuit sat in St. Louis and other In the meantime, Sanborn’s law prac places the court designated. tice had not only become lucrative, but he Sanborn’s appointment to the Eighth had also gained the esteem of his peers. He Circuit was largely due to the efforts of was treasurer of the Minnesota State Bar Minnesota Senator Cushman K. Davis Association from 1885 through 1892, and John B. Sanborn as adjutant general of who was determined to put a Minnesotan president of the St. Paul Bar Association in Minnesota, June, 1861. Photo: Minneapo on the Eighth Circuit. It was of great sig lis Star Tribune. 1890. nificance to the perceived, as well as the During his two decades of practice in actual, development of Minnesota. A Min St. Paul, Sanborn developed a reputation nesotan had not been appointed to the fed for fairness, an ingenious grasp of the law, The Eighth Circuit eral bench since President James Bucha and a highly aggressive presentation. The Since its adoption, the Constitution has nan appointed Rensselaer R. Nelson to the St. Paul Dispatch described him in 1891: evolved and has been interpreted within district court in 1858. Sanborn’s appoint “He always is thoroughly prepared to the federal appellate courts. The Judiciary ment was considered to establish St. Paul present his case in the best possible manner Act of 1789 created the federal circuit as the center for law and justice in the before he enters the court at all, and stands court but failed to provide for the appoint northwest. ready to meet any surprise that may be ment of circuit judges. Instead, each Cir Judge Sanborn took the bench for the sprung on him during the progress of a tri cuit Court was made up of two justices of first time in St. Louis on M ay 2 ,1892. The al. In the conduct of a case he asks no the United States Supreme Court and a fed remainder of the panel included Circuit favors and he concedes none. He fights eral district court judge who sat twice a Court Judge Henry Clay Caldwell of Ar stubbornly every point from beginning, year in each district of the circuit. While kansas and District Court Judge Oliver P. and strues the records so full of objections the Circuit Court had some appellate juris Shiras of Iowa. that he usually manages to get a new trial diction over the district courts, it was The first case argued during this session if he is defeated in the first battle.” primarily a trial court. As the nation ex was the Omaha Bridge case. The Union In that same year, the St. Paul Globe panded, the Circuit Court’s jurisdiction Pacific Railway Company had agreed to noted that while he was never “colloquial and docket grew and Congress realized lease to the Chicago Rock Island Railway or small,” Sanborn was nonetheless capa that the Circuit Court needed to be reor Company and the Chicago Milwaukee & ble of responding in kind to statements that ganized. St. Paul Railway Company equal posses came “hissing over the lawyer’s table dur In 1869, nine circuit judgeships were sion and use of its tracks and bridge across

RAMSEY COUNTY HISTORY 25 ties Company to divest itself of the stock of the two railroads. Thayer pointed out that the holding company represented “a small coterie of men [who held] the power to suppress competition between two com peting interstate carriers.” A divided Unit ed States Supreme Court affirmed the Eighth Circuit’s decision. In 1906, St. Paul attorney, Frank B. Kellogg, was appointed to prosecute the great Standard Oil Trust for alleged viola tions of the Sherman Antitrust Act. Kel logg had come to Minnesota from Pots dam, New York, and settled in Olmsted County in 1865. In 1875, he had studied law in the office of H. A. Eckholdt, a Roch ester attorney, and was admitted to the Minnesota Bar in December, 1877. A year later, Kellogg was elected Rochester city attorney and in 1881 he was elected Olm sted county attorney. In 1884, Kellogg The Sanborn house, still standing at 143 Virginia Avenue in St. Paul. moved to St. Paul where he entered into partnership with Senator Cushman K. Da the Missouri River at Omaha for 999 injury, contributory negligence, naturali vis. Once in St. Paul, Kellogg continued to years. Such leases were common as the zation, and several other fields of law. Per be active in politics. In 1917, he was elect western United States developed, but the haps his most important case involved the ed to the United States Senate. He went on Union Pacific had attempted to repudiate break-up of the Standard Oil Trust. By the to serve as secretary of state under Presi its leases. The other railroads sued, end of the nineteenth century, there was a dent Calvin Coolidge and received the demanding performance. The Union Pac growing fear of the danger and improper Nobel Peace Prize in 1929 for his work in ific argued that the contracts were unfair. exercise of monopolistic power to the framing the Kellogg-Briand Peace Treaty The panel ruled that the contracts were detriment of public interest. The result was of 1928. valid, and Judge Caldwell assigned Judge the Sherman Antitrust Act of 1890. However, well before his election to the Sanborn to write the opinion. During the early part of the 20th centu Senate, Kellogg and Cordenio A. Sever “The great purpose of the contract here ry, the federal government sought to block ance were appointed special counsel for in question” he wrote, “was to fill the gap a proposed merger of J. Pierpont Mor the Interstate Commerce Commission in in the line of the Rock Island Company be gan’s Northern Pacific Railway, James J. an investigation of the Harriman railroads. tween Council Bluffs and Beatrice, and Hill’s Great Northern Railway, and the Thus, they were the logical choice to thus establish a continuous line of railroad Chicago, Burlington & Quincy Railway. prosecute the case against Standard Oil. from Chicago . . . to Denver .... It The government alleged that such a merg Kellogg and Severance argued that the is true that the lines would be a competitor er unlawfully restrained interstate com Standard Oil Trust must be broken up to in of the Pacific Company, but . . . the merce and violated the Sherman Antitrust crease competition in the petroleum indus public policy of this nation is to foster, not Act. The Great Northern and the Northern try. Evidence revealed that Standard Oil repress, competition; it is to promote, not Pacific generally competed for northwest manufactured more than three-fourths of repress, continuous lines of transporta traffic. all crude oil refined in the United States, tion; and, reading the charter of this com In 1901, these two railroads combined owned and operated more than one-half of pany in the light of the general legislation to purchase approximately 98 percent of all the tank cars used to distribute its to which we have referred, we are con the stock of the C. B. & Q ., which extend products, marketed more than four-fifths strained to hold that the Union Pacific Rail ed across the central midwest and provided of all the illuminating oil sold in the United way Company was thereby fairly empow a feeder line for both trunk railroads into States, exported more than four-fifths of ered to make this contract.” Chicago. That same year, Hill and Morgan all illuminating oil exported by the United formed the Northern Securities Company States, and sold more than nine-tenths of Standard Oil’s Break-Up and exchanged their railroad stock for all the lubricating oil sold to the American Through his many years on the Eighth stock in the new holding company. With railroads. Circuit, Sanborn authored more than Sanborn concurring, Judge Amos M. A massive record was developed before 1,300 opinions, many of them authorita Thayer of Missouri wrote the circuit court a special master appointed by the Eighth tive in the areas on corporate law, personal opinion that ordered the Northern Securi Circuit. This record, along with the attor-

26 RAMSEY COUNTY HISTORY neys’ arguments, was presented to a panel such prominence that he became a leading Sanborns. After practicing law in St. Paul, of four judges, Sanborn, Wallis Van contender for appointment to the United he was elected to the Minnesota legislature Devanter of Colorado, William C. Hook States Supreme Court to replace associate and later appointed to the Ramsey County of Kansas, and Elmer B. Adams of Mis justice, Rufus W. Peckham. Frank Kel district court. In 1925, President Coolidge souri, who sat both as trial and appellate logg was one of the greatest supporters of appointed him to the United States district court so as to expedite eventual review by Sanborn’s appointment, even before the court for Minnesota. In 1932, he was ap the United States Supreme Court. Standard Oil decision was published. pointed to the Eighth Circuit were he On November 20, 1909, through an However, President William Howard Taft served until his death in 1964. A young opinion Sanborn wrote, the panel ordered chose instead to appoint his long-time lawyer named Harry Blackmun was his Standard Oil dissolved. Sanborn pointed friend, Horace H. Lurton of Tennessee. first law clerk and succeeded John Sanborn out that the purpose of the Sherman Act Some contended that Taft’s choice was at on the Eighth Circuit. “was to prevent the stifling and the substan tributable at least in part to Taft’s previous From 1892 through 1964, the Sanborns tial restriction of competition in interstate political alliance with John D. Rockefeller provided continuous service on the Eighth and international commerce.” who, of course, owned Standard Oil. Circuit. As a result, Walter and John San Sanborn applied the precedent set by Sanborn considered the judicial branch born often have been referred to as the the Eighth Circuit in the Northern Securi of America’s democratic system to be the “Hands” of the Eighth Circuit, a compari ties case to hold that Standard Oil had ob guardian of that system’s continued exis son to the legendary Learned and Igna- tained the power to unlawfully restrict in tence. In 1903, he expressed those cious Hand of the United States Court of terstate commerce as a result of the trans thoughts while addressing the Minnesota Appeals for the Second Circuit. fer of the stock of the nineteen other oil state bar: “For the first time in the history Judge Sanborn once remarked that companies. Consequently, Standard Oil of the world, a great nation has vested the “there is a place where a judge is not on had the authority to manage and operate power to finally decide and declare the su dress parade. It is in the conference room those corporations, and the power to pre preme law of the land in a judicial tribunal where the first impressions of novel issues vent competition among them. “The court independent alike of the executive and the and the reasons for them are stated, where must forbid the performance of . . . legislative branches of government. . . . the earnest presentation of differing views illegal acts which have had, and are having The primary purpose of all government is makes a little the fierce joy of conflict. a direct and substantial effect to restrain to establish and maintain an impartial ar Here, if anywhere, the capacity, industry, commerce among the states and with for bitrator to peaceably settle the disputes of knowledge and temper of the man may be eign nations, to continue the unlawful mo men.” clearly seen .... The qualities which nopoly and all like acts which have the go to make the ideal judge [are] breadth of same effect.” Although the court had deter End of a Career comprehension of controlling principles mined that the Sherman Act had been vio Walter H. Sanborn died of pneumonia and public policies, freedom from reliance lated, Sanborn warned that “the court must in his apartment in the Angus Hotel, where upon technicalities, intellectual power, ac steer as best it may between its duty ‘to pre he lived in the latter days of his life, on the curate and useful knowledge of the law, in vent and restrain violations o f this act of morning of May 9, 1928. Despite declin dustry, exemption from both emotional Congress and its duty not to deprive the ing health, he had continued working up and intellectual prejudice, patience, defendants of their right to engage in law until three days before his death and had courtesy and singleness of purpose to ful competition for interstate and interna just returned from a court session in St. know and to do the right.” The Honorable tional commerce.” Louis. In observance of his passing, the Walter Henry Sanborn lived up to his own The Standard Oil decision was the first Eighth Circuit suspended proceedings description of “the ideal judge.” meaningful application of the Sherman Act scheduled for that date. and Judge Sanborn’s opinion was widely Soon after his death, the judges of the A fully annotated andfootnoted copy of this hailed as a milestone that ushered in a new Eighth Circuit held a special session in article is available in the Ramsey County era. The Lincoln Star proclaimed the case tribute to their late colleague: “For thirty- Historical Society office, 323 Landmark as “second to none that has been rendered six years, no labor was spared, no selfish Center, 75 West 5th Street, St. Paul, Min perhaps since the historic Dred Scott deci motive indulged by him. . . . Firm in nesota 55102. sion, for it assails the bulworks of ag his convictions, he was yet ever willing to gregated wealth and menaces the continu give patient and sympathetic attention to Thomas H. Boyd is an attorney with the St. ance of the trust as an agent of malevolence all, especially to those who differed with Paul lawfirm o f Winthrop & Weinstine. He in money-getting.” New York Current him. Steadfast in his opinions, but never is a member of the Board of Directors o f the Literature reported that, “the judges have opinionated, logical in reasoning, he was Eighth Circuit Historical Society and also handed down a decision that amounts to an able to bring an array of precedent to sup serves on the Board of Directors of the industrial Magna Charta.” The Supreme port the conclusions which he reached.” Ramsey County Historical Society and its Court affirmed the Circuit Court’s decision The son of Judge Sanborn’s uncle and Editorial Board. in 1911. former law partner, John B. Sanborn, Jr., The case brought Judge Sanborn into followed in the tradition set by the elder

RAMSEY COUNTY HISTORY 27 rruiuiype ui a sireamnnea passenger coach next to a standard railroad coach of the 1930s at Inglewood, California. The new coach was designed by Cortlandt Hill, grandson of James J. Hill. At 32,000 pounds, the bullet-shaped coach was one-fifth the weight of the older coach. See story beginning on page 14. ,.

NON-PROFIT RCHLS, ORGANIZATION RAMSEY • COUNTY • HISTORICAL SOCIETY

Published by the Ramsey County Historical Society 323 Landmark Center 75 West Fifth Street Saint Paul, Minnesota 55102