South Carolina Law Review

Volume 4 Issue 1 Article 4

Fall 9-1-1951

Memorials

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Recommended Citation Memorials, 4 S.C.L.R. 37. (1951).

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NATHANIEL B. BARNWELL 1877-1950 By BuN SCOTT WuALEY On November 13, 1950, Charleston and the State of South Carolina lost a distinguished lawyer and public servant. Colonel Nathaniel B. Barnwell was born in Effingham County, Georgia, on June 12, 1877. He came of distinguished ancestry-the son of Nathaniel Berners Barnwell and Eliza Longstreet Barnwell. He was educated in the University School of Charleston and received his B.A. and M.A. degrees from the . Thereafter, he attended the University of Goettingen and Heidelberg Uuiversity, both in Germany, and the University of Grenoble, France. As was the custom in those days, he studied law in the office of his cousin the honor- able Joseph W. Barnwell and was admitted to the Bar in 1901. For nearly 50 years he was engaged in the active practice of the law at the Charleston Bar, being at the time of his death the Senior partner of his law firm. Answering the call of his country in 1918, Colonel Barnwell served with the United States Army as Division Judge Advocate, Seventh Di- vision, with the rank of Major, and he later served as Associate Judge Advocate of the Army of Occupation in Germany with the rank of Lieutenant-Colonel. Not only active as a lawyer and as a soldier, he also took an active and varied interest in public, civic and religious affairs. He was a mem- ber of the General Assembly of South Carolina, a Past President of the Charleston Chamber of Commerce, Past President of the Charleston County Bar Association and he held various positions such as Chair- man of the Port Utilities Commission; Vice-President of the Charleston Library Society and Vice-President of the South Carolina Historical Society. For 17 years, from 1935 to November 1950, he was also Chancellor of the Protestant Episcopal Diocese of South Carolina. He was married in 1914 to Miss Mary Williamson Elliott of Beau- fort, S. C. and is survived by two children: Mrs. Nathaniel I. Ball, Jr. and Nathaniel L. Barnwell, also a practicing attorney of the Charleston County Bar Association. His active career was almost terminated, in 1936, when he was stricken with tuberculosis. His remarkable recovery and active interest in the Charleston County Christmas Seal Sale Campaigns and his in- spired leadership helped many who were stricken with this dread disease. He was several times Chairman of the Christmas Seal Sale Campaign and also of the American Red Cross of Charleston County.

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Being an interested and genial host, he took part in the social life of the community,--he was a member of the St. Andrews Society, St. George's Society, the Charleston Club, the St. Cecilia Society and the American Legion. We cannot better describe the character and nature of this distin- guished and well beloved member of our Bar than by quoting from an editorial concerning him which appeared in the News and Courier fol- lowing his death: "The obligation resting upon a man, in proportion to his talents and inborn force, to serve God, his country and his neighbors had illustration in the life and works of Nathaniel B. Barnwell. He was a faithful churchman, a faithful soldier, a lawyer of uncommon attainments, an upholder of the profession's old and high standards, and withal a modest gentleman who vaunted not himself. It is the misfortune of the South Carolinians, of the Charlestonians, that too often they remain in ignorance of the strong men who are their fellow citizens, for no better or other reason than that those men do not seek favor by advertising themselves. Of Colonel Barnwell's services in World War I, of the duties that he long performed in his church and in the helpful civic in- stitutions the News and Couier has elsewhere told. It suffices now to say that they ought not to be forgot. It is the example of men of his character, his conduct and his attainments that inspires the unflagging effort of young men to be strong and to be worthy."

R. E. BABB 1872-1951 By HOMlER S. BLACKWELL R. E. Babb, attorney, departed this life on January 21st, 1951. He was the eldest son of a distinguished and patriotic Confederate Veteran, Messer Babb, was born in the western part of Laurens County in 1872, attended and taught in the rural schools of the County, and graduated from the Citadel in Charleston in 1894. Thereafter he studied law at home and in law offices of attorneys at Laurens and was admitted to the bar in 1899. He was a partner of Col. J. L. M. Irby, former U. S. Senator; with W. B. Knight, deceased, and for a greater portion of his practice was a member of the law firm of Simpson, Cooper and Babb; R. A. Cooper ceased to be an active partner in the firm when elected Governor of S. C. and a few years thereafter Col. H. Y. Simpson passed to the Great Beyond, and Mr. Babb practiced under the firm name of Simpson, Cooper & Babb until his son, Thomas A. Babb, was admitted to the bar. For the past few years he practiced under the firm name of Babb & Babb. It should be no credit to one to be born with a superior intellect, but the credit or discredit comes from how one uses those powers (talents) given by Almighty God. Mr. Babb recognized and appreciated

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this in his early manhood. With that superior intellect with which he was endowed, he diligently pursued the study of law and equity with all these two words imply. He, with his analytical mind, ever sought to make practical application and sensible interpretation of the broad meaning and principles of these two words to the end that justice may prevail. How well he performed this Herculean task is fully demon- strated by the respect and esteem accorded him by the members of the Bench and Bar of this State. On numerous occasions he was appointed as Special Judge to preside in the Civil and Criminal Courts of this State, and also to preside as acting Associate Justice of Supreme Court of S. C. He was selected by the Methodist Church as one of the at- torneys in one of the most important and far reaching pieces of litiga- tion in which this Church has ever been engaged. While his ability and dependability as a lawyer was outstanding, he was none the less prominent and outstanding as a private citizen. He was a member of the County Board of Education for more than 30 years and took an active interest in the education of the youth of Laurens County. As County Attorney for a number of years he wisely advised the County Commissioners, Sheriff and other officers of the County. And in every organization that had for its purpose the promotion of the general welfare of his County, he always could be found doing more than his part. As was said of another, "he was a real man in all that the word implies in dignity, moral character and integrity". And yet he was a most modest man; he never seemed conscious of his superior ability and sterling qualities. He was free from egotism or self esteem. He found real delight in helping some unfortunate individual, especially when his acts of kindness would not be made public. The writer knows from personal experience as well as from observation that he found genuine delight and pleasure in helping younger lawyers to solve their legal problems and would never stop until he was satisfied the problem was solved. Edgar Babb was not only an able and successful lawyer, and a use- ful and patriotic citizen, but most important, he was a Christian gentle- man. For forty-one years he was teacher of the Men's Bible Class in the Methodist Church at Laurens and held the most important offices in his church. His loyalty to his church was only exceeded by his implicit faith and trust in Almighty God. He was ever mindful of the admonition of the Prophet of Old: "0 man what is good; and what doth the Lord require of thee, but to do justly, to love mercy and to walk humbly with thy God." We, the members of the Laurens County Bar Association, are deeply grieved at his passing, and extend to his family our heart-felt sympathy. But we know that our city and county have been greatly benefited by his having lived in our midst. We feel that we can truthfully say of him: "Well done thy good and faithful servant".

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CHRISTIE BENET 1879-1951 By CHARLES B. ELLIOTT The death of Christie Benet, March 30, 1951, marked the close of a life of service that brought him eminence at the bar and distinction as a public servant and citizen. Born at Abbeville, December 26, 1879, the son of Susan McGowan Benet and William Christie Benet, he attended the University of South Carolina, 1897-98, and graduated at the in 1900. Following his graduation in law from the University of Virginia in 1902 he located in Columbia and was admitted to the South Carolina bar in 1903. For many years he was the senior member of the widely known firm of Benet, Shand and McGowan. Mr. Benet achieved unusual distinction in his chosen profession. As an attorney his talents commanded respect and received recognition not only at the local bar but in other states. As counsel for the Southern Cotton Seed Crushers Association for more than a quarter of a century, he frequently appeared before the Federal administrative boards in Washington and in the courts of other states, He possessed rare talents as an advocate before juries, as well as in appellate work in the State and Federal courts, and was President of the South Carolina Bar As- sociation, 1946-47. He was also a member of the Richland County Bar Association, the South Carolina Bar Association and the American Bar Association. However, the demands of an extensive practice at the bar were not sufficient to satisfy his flaming ambition to serve his Church, City, State and Nation. His career as attorney and public servant covering almost half a century indicates the wide scope of his interests. At his death he was chairman and a life member of the Board of Trustees of Clemson College. His service to Clemson College was valued highly by the other members of the Board, the officials of the College, members of the General Assembly, and Clemson alumni everywhere. He was Solicitor for the Fifth Circuit in 1908-09; City Attorney for Columbia, 1910-12; and United States Senator in 1918, to fill a portion of the term of Senator Tillman. For almost thirty-three years he served on the Board of Regents for the South Carolina State Hospital, and for many years was Chairman of the Board. He served as junior and senior warden of Trinity Episcopal Church and at the time of his death was a member of the vestry. He was also a member of the standing committee of the diocese of Upper South Carolina. He was one of South Carolina's strongest World War I leaders in the various bond and Red Cross drives and was vice-chairman of the South Carolina Council of Defense. During World War II he was chairman of the war finance committee for South Carolina and a mem- ber of the Richland County Council for Defense. At the time of his death he was chairman of the Alien Enemy Hearing Board of the Eastern (federal) District of South Carolina and was chairman of the loyalty board which hears cases brought by

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the F. B. I., relating to subversive activities. This board has jurisdiction over six states and also Puerto Rico and the Virgin Islands. Recognized as one of South Carolina's most convincing orators, his services were in great demand throughout the state. He delivered com- mencement addresses at the University of South Carolina, the University of Virginia, the University of the South, at Sewanee, and Newberry and Wofford Colleges. The University of South Carolina conferred on him the honorary degree of Doctor of Laws in 1946 and only last year presented to him the Algernon Sullivan Award in recognition of his leadership as a citizen. In 1906, he married Miss Alice Van Yeveren Haskell, -who survives. There are two children, Alice Benet, who is now Mrs. Porcher P. Hopkins, and Christie Benet, Jr., who died as a young man. In addition, two brothers, Dr. George Benet, of Columbia, and Hugh Benet, of Bal- timore, Md., and two grandchildren, Christie Benet Hopkins and Alice Hopkins, survive. No sketch of our distinguished friend would be complete without recognizing his interest in and deep affection for young people. He helped many who needed assistance to attend school and college. To these and countless hundreds and even thousands of devoted friends his memory will forever abide as a benediction. The closing paragraphs in an editorial in the Columbia Record, -written by George A. Buchanan, Jr., a devoted friend, portray the man as he was: "Christie Benet, above all else, was a man of great character. His rugged honesty, public and private, set him far apart from today's statesmen and politicians. His magnificent courage, both physical and moral, was a beacon light in troubled times. His strength and vitality-his was not a closed mind, but one receptive to new ideas; his generosity, his leadership-there was something of the catalyst about him that induced his associates to greater ef- fort and accomplishment-would have made him a marked man in any time or station. He was a great South Carolinian, an unselfish friend, a good man and true, one of those who fight the battles of the future while all the world around them is at rest, planning highways, that are broad and straight for the march of other feet, leaving the spirit they called up still alive to lead, earning for them a continuing share in the victories that immortalize and humanize mankind." Christie Benet possessed a profound reverence for the law and the courts. Those associated with him in any important case, as was the writer's good fortune, can never forget his allegiance to the sovereign power of the law and the majesty of constitutions. It was inconceivable to his great mind and heart that a decision of a court could be affected by any consideration other than supreme allegiance to settled legal principles. Christie Benet's life thus exemplified the finest traditions of the bar. His career illustrates the truth of the statement of Judge Holmes that

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"One can live as grandly in the law as elsewhere." It is a consolation to know that the impact of such a life is from everlasting to ever- lasting, for indeed "Our echoes roll from soul to soul and go on forever and forever."

FRANKLIN LYLES BYNLTM 1867-1950 By EUGENE S. BLEASE Franklin Lyles Bynum, who died on September 23rd, 1950, at the age of eighty-three years, was an active practicing attorney of his home City of Newberry for more than fifty-five years. He was a son of John Thomas Bynum and Margaret Frances Bynum, nee Worthy. He was born and reared in the Maybinton section of Newberry County, in the an- cestral home of his maternal grandmother, Louisa Frances Lyles Worthy. His father, John Thomas Bynum, died before Franklin L. Bynum bad come' to manhood's estate. The youth, left orphaned at an age when a father counts so much, became the head of the family. That family included his widowed mother, three sisters and a brother, all younger than Franklin L. Bynum. In a little while, he was looked upon not only as an elder brother by these sisters and the younger brother, but as the father of the family. Due to this situation, in the days when the business and agricultural interests of our country were almost in desperate condition, Frank Bynum practically became a man without having had much of the life of a boy. The estates of his father and mother consisted almost entirely of farming lands, and these young Bynum looked after in days when it was difficult for a farmer to meet with financial success. Frank L. Bynum met ably and without fear the heavy responsibilities that came to him in the days of his youth. In addition to looking after the financial interests of his widowed mother and her young children, Mr. Bynum looked after the education of his brother and sisters. He attended as best he could the schools of Newberry County, in existence in that day, including a few months at Newberry College. His education came mostly from his reading at home. When he was not busy with the farms or looking after the welfare of the mem- bers of his family, he read not only law books but literary and historical books, which were worthwhile. He became almost by his own efforts a real educated man for his day and time. He did not have the opportunity to attend law school, but studied law in his home and when he could be in the office, he studied under the direction of the late Honorable George S. Mower, who was one of the leading lawyers of South Carolina. Mr. Bynum was admitted to the Bar in 1891, and soon thereafter he became a member of the law firm of Mower & Bynum, the senior member being his preceptor. This part- nership continued until the death of Mr. Mower in 1921. Thereafter, Mr. Bynum practiced alone. For many years, Mr. Bynum served as United States Commissioner. This was the only public office he ever held. Not only because he held the office of Commissioner, but for other reasons, he was called "Judge" by the other lawyers of Newberry and the people generally with whom

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he came in contact. It was almost natural for him to have the title of "Judge", although he had not held any judicial office. His conduct as a lawyer, his life as a citizen, the judicial atmosphere in which he seemed always to move, all combined to cause our people to look upon him as a Judge. He never aspired to public office, although without question he could have been elected at almost any period in his life to membership in the House of Representatives of our State, or to other public offices, if he had cared for political preferment. People believed in Judge Bynum for they knew he was a gentleman of the finest integrity, a man of great ability, and one who could be trusted at all times in every way. For many years, he was attorney for The National Bank of Newberry and for The Newberry Cotton Mills, two of the largest business insti- tutions of Newberry County. In his youth, Judge Bynum gave evidence of oratorical ability, and if he had devoted himself to oratory, he would have made a great advocate at the Bar. He preferred, however, the office work of a lawyer, and he delighted in taking time to study carefully and diligently any and all legal questions that came before him. As he grew in years, he was especially helpful to the younger members of the Bar. He would devote many minutes, even hours, to advising them as to their legal problems and difficulties. In the trial of a cause, while he always evaded making a speech to a jury, he was a valuable associate to the counsel who questioned witnesses and made speeches. When he went into the trial of a case, he knew the law involved therein. The Presiding Judges, who knew him and his ability and capacity for re- search, in their charges to juries could safely feel that they would be sustained in charging any request on a legal proposition submitted to them by Judge Bynum. He was careful and painstaking at all times. For years and years, people of Newberry County, who had procured his services in the examination of titles to real estate, could be heard to say, "I know my title is good for Judge Bynum told me it was". Judge Bynum never married. In his home there lived through all the years of his manhood, from time to time, his brother and one or more of his sisters. His only brother was the late well known Professor William C. Bynum, for many years the Superintendent of the George- town City Schools. At the time of his death, only one of his sisters, Miss Annie E. Bynum, survived. Mr. Bynum was a consistent member of the Central Methodist Episcopal Church of Newberry. One who knew him well for many, many years, and had many as- sociations with him, now that Franklin Lyles Bynum has left us, takes this opportunity to say that, in the passing of this fine friend, the Bar Association of Newberry County and the lawyers of the State of South Carolina have lost a member who was devoted to the profession, who believed in holding high the ideals of that profession, and one who, at all times, was a fine gentleman and an excellent lawyer. He loved the law, and believed that the great fundamentals of the law, properly fol- lowed and administered, in the end would bring justice and happiness to the people. His love for the law was so great that he gave little thought to the emoluments which might come to him from the practice of the profession. I would that all the young men and women who in this day are entering upon the practice of law, with the idea that they may obtain great financial benefit from their works as lawyers, could

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have come within the influence of Franklin L. Bynum and his life as a lawyer. The legal profession and our State will never suffer any evil thing from the lawyers who emulate the principles and practices of Judge Bynum.

ROBERT NEWELL CANNON 1921-1951 By M. A. SHULER "The days of the years of our pilgrimage are three score years and ten. The generations crowd each other off the stage of time in swift succession. The sand runs out in the hour glass. Time is only the tick of the second hand in the clock of all ages. Some morning the senses will fail to resume business. Every door will be locked and every shutter drawn. Eye, ear, and hand will fail to respond. There will no longer be any medium by which to enter the temporal. An invisible hand has written finis across another human career, and people say 'the man is dead'. He has not ceased to be; he has merely finished with time."

Robert Newell Cannon was born at Hemingway on December 17, 1921, and was the son of C. D. Cannon and Mrs. Pearl Reeves Cannon. He was reared on his father's farm. In 1942 he was awarded a B.S. Degree from Clemson College and in 1948 an LL.B. Degree from the University of South Carolina. Shortly after his admission to the bar he opened an office in Hemingway for the general practice of law. On September 24, 1949, Mr. Cannon married Miss Adair Davis of George- town. Mr. Cannon served in the armed forces of the United States Govern- ment from November 20, 1942, to December 1, 1945, having volunteered for service. He was a member of the American Legion; 40 and 8 Voiture No. 1354; Veteran of Foreign Wars; and a Mason. In 1950, Mr Cannon was elected to the General Assembly of South Carolina as a member of the House of Representatives and died in office on January 29, 1951. Mr. Cannon was a strong believer in local enterprise, and he worked diligently in the establishment of the Hemingway Tobacco Market and served as sales supervisor. He was actively engaged in a movement look- ing toward the establishment of industries in Williamsburg County. His efforts in this line of work will be sorely missed. At the time of his death he was serving as secretary to the Merchants Association of Hemingway and as secretary of the Williamsburg County board of trade. The Methodist Church at Hemingway lost one of its most active young members in the death of Robert. His service in his church as- sumed various forms, but his most efficient work was as the teacher of a young adult class. Robert is survived by his widow, his father, two brothers, Dan and Fred, and one sister Mrs. Warren Adkins. I A person's life is not measured by the number of years which he lives as much as it is by the manner in which he lives the time allotted him. Robert nobly lived the few years allotted him.

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AUGUSTUS M. DEAL 1876-1950 By PEmRRE F. LABORDE On September 27, 1950, Augustus M. Deal, a member of the Columbia Bar for many years, died in Columbia, after several years of failing health. His illness necessitated his withdrawal from all activities several years before his death. Gus, as he was familiarly called by his associates and friends, was born in Blacksburg, S. C., on December 12, 1876, the son of J. Augustus Deal, and Margaret Eugenia Brown Deal. He attended elementary schools in Blaclisburg, and later attended the Citadel, being graduated from that Institution in the class of 1897. He was a veteran of the Spanish-American War, and was keenly interested in the veterans of this war until his death. He saw service in Cuba and elsewhere with the United States Army. After his discharge from the Army, he attended the University of South Carolina and graduated from that Institution in 1901, with the degree of LL.B. Thereafter, he opened an office in Columbia, S. C., and began practice of his chosen profession. He practiced law in Columbia until his death. His practice in the main consisted of matters involving realty law, and, at all times, he was a sedulous and painstaking student. He was an expert legal stenographer, and worked in this side line with various national and State Courts and departments. Early in his life Augustus M. Deal affiliated himself with the Church, and took an active part in its affairs. He was a member of the First Presbyterian Church in Columbia. He was always interested in community betterment and social re- forms that would bring the more abundant life to the underprivileged. Among the civic and fraternal groups that he was affiliated with were: First Presbyterian Church; The Spanish-American War Veterans, serv- ing this organization as State Commander for several years; Richland Masonic Lodge No. 36; The Richland County Bar Association; S. C. Bar Association; The Knights of Pythias; and Quill Club. On all oc- easions in these organizations, Gus took a definite stand for progressive measures, tinged with an idealism that would lead to a better under- standing between diverse groups and peoples. Mrs. Deal, who before her marriage was Mrs. Genevieve Wright, predeceased him. They had no children. He is survived by a sister, Mrs. Catherine D. Scott, of Blacksburg, and several nieces and nephews. Funeral services were held from the Dunbar Funeral Home, and Mr. Deal was buried in the family plot in Elmwood Cemetery. Gus was innately a cheerful man with a joy in the simple things of life. He had an ever present trust in and love of his fellow man. He loved children, and hundreds of the neighborhood children would visit their Uncle Gus fnd would always be received graciously by him. Even after illness forced his withdrawal from the practice of law and failing eyesight curtailed the great love of his life, reading, he still kept that undying spirit of cheerfulness which would not wilt or falter before the buffets of fate.

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He was loved for his qualities of friendliness, courage, and unfail- ing courtesy and graciousness. Gus was warm-hearted, and sincere, and was never caustic or bitter. At the same time he possessed a rugged individuality that would not surrender what he thought was right to the whims of the crowd. He was irldeed a friendly and a gentle man. We, the committee from the Bar Association, present these words, expressing in a small measure our love and affection for our deceased member.

WILLIAM DAVIS DOUGLAS 1866-1951 By DR. J. J. OBEAR William Davis Douglas was born in Winnsboro, South Carolina, March 20, 1866, son of A. S. and Mary (Byars) Douglas. He attended Mt. Zion School and had the further advantage of be- ing thoroughly prepared for college at the private school of Professor A. R. Banks, Rock Hill. He entered the S. C. College in 1883 where he was very popular with his classmates. He was invited to join the S.A.E. Fraternity. At college he earned his most "priceless possession", a sound classical edu- cation which he enjoyed to the end of his life. He graduated with B.A. degree in 1887. During the years 1887 and 1888 he taught Latin and Greek at Mt. Zion Institute, and in 1888 and 1889 he tutored the same languages at S. C. College, where he also took law. He graduated with degree Bachelor of Law in 1889. He at once entered in a law partnership with his father, A. S. Douglas, which lasted until the death of the latter in 1914. From that year he practiced law alone until 1925, when he took his son Moultrie D. Douglas into partnership; this lasting until the death of W. D. Douglas in 1951. He was very much interested in education and for twenty-five years was Chairman of Board of Trustees of Mt. Zion Institute. He brought to that office all of his ability and good judgment. He was always keenly interest in Mt. Zion Society (founded 1777) and was its president at his death. He was past president of the Lion's Club and had been particularly honored by them in the setting apart of its W. D. Douglas day. He was a Mason, and past master of the Winnsboro Lodge. He was a deeply and sincerely religious man, and served his church (Presbyterian) as a ruling Elder for many years. He was twice Mod- erator of his Synod. He delivered a lay sermon on the trial of Jesus Christ that attracted wide attention, and also delivered an interpretation of that mystical and abstruse subject of St. John's, "I am the Word", before the century old Bethel Bible Society in which he at least satisfied himself. On October 24, 1894, he married Floride Peyre Dwight, daughter of Capt. William Moultrie Dwight and Elizabeth Porcher (Gaillard) Dwight. Five children were born of this marriage, Moultrie D. Douglas,

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Mrs. John. C. Buchanan, Mrs. John LeMaster, W. D. Douglas, Jr. and Dwight Douglas. The Scots have fine minds for law and medicine and W. D. Douglas certainly upheld the traditions of his race. He was first and last a lawyer-a good lawyer. Dr. W. W. Ball, a lifelong friend and classmate at college, repeatedly stated in his editorials that the State of South Carolina was the loser because he was not appointed to the Supreme Court.

PELHAM LEANDER FELDER, JR. 1893-1950 By Louis ROSEN Pelham Leander Felder, Jr., one of Orangeburg's leading citizens and outstanding lawyers, died August 13, 1950, while on a business trip with two of his most valued clients and close personal friends. His death came suddenly, unexpectedly and while in his sleep. Pelham was a native South Carolinian, having been born at Elloree on August 23, 1893, the elder son of Pelham L. Felder, M.D., and Katie Cherry Felder. He was a graduate of the public schools of Elloree, ob- tained his A.B. degree at Wofford College, Spartanburg, S. C., in 1912. After teaching in the public schools of Georgia and South Carolina for two years, he entered the University of South Carolina Law School and; there received his law degree in 1916. He immediately commenced the practice of law in Orangeburg but was interrupted by World War I. He entered service and was later commissioned in the Army Air Corps. After his discharge, he returned to Orangeburg and formed a law partnership with his good friend, Harry E. Moore, and practiced as Felder & Moore. After several years the firm dissolved, Harry Moore becoming County Attorney and Pelham Felder accepting partnership in the firm of Moss & Lide. Later, when Honorable B. Hart Moss was elevated to the Bench, the firm was changed to Lide & Felder; upon the retirement of Robert Lide in 1940, the firm became Felder & Rosen and subsequently Felder, Rosen & Horger. In the latter two firms, Pelham was the senior member. He was endowed with an exceptional native ability and acquired an unusual grasp of the law. He enjoyed a wide and varied practice and his untimely death cut short his successful legal career. On November 20, 1919, Pelham married Nelle Chambers of Harts- vile, S. C., and of this union were born five children, four daughters and one son, all of whom survive him. Pelham was a kind and loving husband and father, giving his famil ' not only the necessities of life but many of the pleasures as well. His children received the best edu- cations available and unfortunately he died before his youngest daugh- ter completed her college work. Pelham was a good citizen, giving willingly of his time and energy to any civic duty upon which he was called. He was a member of the Masons, Knights of Pythias, Woodmen of the World, Elks, Lions Club and of the South Carolina and American Bar Associations. He took a

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3nost active part in the Lions Club, of which he was a charter member, .and served as president and District Governor. In times of their adversity, Pelham's friends-and he had many, in all walks of life-always first thought of him, and he never failed to assist them, whether it necessitated his advice, his services or his 11nancial support, and he gave to his friends unstintingly, unselfishly and willingly. He was a member of the Episcopal Church of the Redeemer at Orangeburg and took an active part therein. Pelham's sudden passing was a great loss not only to his family, his law partners and his intimate friends, but to the community at large.

HERBERT NEWTON FELTON 1902-1950 By SADi N. BURTS Herbert Newton Felton, prominent in Spartanburg's civic and pro- fessional life, died July 30, 1950. Born December 8, 1902, in Honea Path, he was educated in the public schools of Anderson County, and graduated in Law at the University of South Carolina in 1925. For several years be was with Charles Scribner & Son, Publishers, and practiced law in- termittently until 1942, when he moved to Spartanburg where he was associated with United States Senator Olin D. Johnston in the practice of law. He married the former Aubrey Beattie on December 15, 1928, and she survives him. He was a Baptist, Mason and Elk and for four years was a member of the Board of Trustees of the University of South Carolina. Mr. Felton was well and favorably known throughout the State, was loved and respected by people in all walks of life, possessed a sense of humor, and was a delightful companion and friend. As a lawyer, he enjoyed a large practice and his ability commanded the respect and admiration of the entire Bar. He was a diligent student of the law and attended to every case with a zeal excelled by none. Herbert Felton had many friends because he was a friend, and it can certainly be said that bitterness and rancor never entered his heart. He possessed an engaging smile, a hearty laugh and was at his best in the home he loved so well with his gracious wife and friends. He will be missed by the members of the Spartanburg Bar and by his many friends throughout the State who loved him for the kindly Christian gentleman that he was. ROBERT T. JAYNES 1862-1950 By W. C. MANN Death is no catastrophe, it is merely an open door through which ve all must sooner or later pass. Robert T. Jaynes died in Walhalla, South Carolina, on December '9, 1950, after a full life of service to his country, State and the com-

https://scholarcommons.sc.edu/sclr/vol4/iss1/4 12 et al.: Memorials BAR ASSOCIATION TRANSACTIONS munity in which he had lived for more than four score years. He was born near Richland on the 14th day of February, 1862, was married to Mattie Sheck on the 22nd day of December, 1886. As a barefoot boy he attended the rural schools of his community and at an early age he attended Adgar College in Walhalla, South Carolina. He later studied law in the law office of Wells and Orr of Greenville, South Carolina and was admitted to the Bar on May 27th, 1884. Mr. Jaynes was affectionately called "Colonel" and distinguished himself in the practice of law both in the State and Federal courts. One of his most recent cases was that of the unification of the Methodist Church. He likewise distinguished himself in the United States Supreme Court in the famous Clemson College case. Colonel Jaynes was not only a distinguished lawyer but a great historian having written the history of the Town of Walhalla in Oconee County, South Carolina, and numbers of other periodicals concerning history. He was history itself in the sixty-six years he earnestly and diligently practiced law. His work as a lawyer was well known throughout the State and his advice and counsel was at all times sought by those who knew him. It was a pleasure to see Colonel Jaynes in the court room and observe his dignity and the scholarly way in which he conducted himself. He was a great Democrat and believed in the "Jeffersonian Democ- racy", was active in civic and political matters of his community and state and in his passing the State of South Carolina as well as Oconee County, lost one of its most distinguished and accomplished citizens. Thus, we only know that standing here on this bank of time by straining our eyes we can glimpse the faint shadowy outline of the farther shore. We can only behold the white sails of receding fleets; ships that sail out, but under God, never come again. We only know that at the grave's dread mouth all men must cast aside the burden of their honors and their griefs; that man takes with him only that which he has freely given away, but that even the sting of death may not despoil him of the riches of service, gained in devotion to duty and self-sacrifice. "Great it is to believe the dream When we stand in youth by the starry stream; But a greater thing is to fight life through And say at the end the dream is true."

He loved his town, he loved his country, he loved his State and he lo ed his home. As the Athenian loved the "City of the Violet Crown", as the Roman loved the "City of Seven Hills", so he ever loved his native land, inspired as he was by the needs of his great country and the people whom he loved. This great American citizen has departed. He leaves legions of friends. He spent the best of his life in service and in sacrifice. We knew him-to know him was to love him. We assign his frailties to oblivion, while his gentle spirit wings itself with the sunset of evening tide to the haven of eternal rest, and we remember him as we last knew him, Colonel Jaynes, the great and kind man.

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"And often, from that other world, on this Some gleams from great souls gone before may shine, To shed on struggling hearts a clearer bliss, And clothe the right with luster more divine." The record of his life is made up, it is fair and beautiful; he was a builder for the future good of his profession, his home, his State, his nation and his God. I think, perhaps, I may venture to recall the poem of "The Bridge Builder": "An old man, going on a lonely way, Came at the evening, cold and gray, To a chasm vast and deep and wide; The old man crossed in the twilight dim, The sullen stream had on fear for him; But he turned when safe on the other side And built a bridge to span the tide. "Old man", said a fellow-pilgrim near, "You are wasting your strength with building here; Your journey will end with the ending day, You never again will pass this way; You've crossed the chasm deep and wide, Why build a bridge to span the tide?" The builder lifted his old, gray head- "Good friend, in the path I have come", he said, "There followeth after me today A youth whose feet must pass this way. This chasm that has been naught to me To the fair-haired youth may a pitfall be; He, too, must cross in the twilight dim; Good friend, I am building this bridge for him." This expresses the life and purpose of our departed friend. When the halo of his Evening Star was emblazoned by the "Sun of a new found glory", the people of Oconee County and the State of South Carolina and of the nation lost a friend, a great advocate and a patri- otic citizen.

JAMES D. McINNIS 1904-1950 By PAuL A. SANSBURY James D. McInnis was born in Lamar, South Carolina, in 1904. He 'attended the local schools of Lamar, received an A.B. degree from Pres- byterian College, and an LL.B. degree from the University of South Carolina in 1931. "Jim", as he was known to his many friends, began the practice of law in Darlington shortly after his graduation, opening an office with the late B. W. Hyman, a law classmate. After a few years, the partnership was dissolved, and Jim opened his own law offices. He had developed a very good practice and had an excellent reputation as a lawyer when in 1940 the local National Guard Unit, which he com-

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manded, was called into active duty at Fort Bragg, North Carolina. After five years of army service, in which he saw action in North Africa and Italy, Major McInnis was retired for the same condition which ultimately causea his death, on May 9, 1950. His poor health never allowed him to return to the practice of law. Jim McInnis was one of the outstanding citizens of Darlington and of Darlington County. He was a loyal churchman, and actively partici- pated in the Darlington Presbyterian Church for many years as a Deacon and as Sunday School Superintendent. He early saw the need for preparedness, and to him was due a large part of the credit for the organization of the Darlington National Guard. He maintained his interest in army and veterans affairs, and was active in both the Dar- lington American Legion and Veterans of Foreign Wars Posts, being named Commander of the latter organization in 1948. For many years Jim McInnis was active in the Darlington Kiwanis Club, serving as director and as Vice-President. He directed several of the annual Kiwanis Follies, by which this club raised funds for its underprivileged and youth activities. His sincere desire to help the young and those less fortunate than he caused him to take a large part in the Boy Scout, Red Cross and Tuberculosis Association work of the Darling- ton community. For several years he served ably as a member of the building committee of the Darlington School Board. The great interest and zeal of Jim McInnis in civic affairs was known and respected by all Darlington. In January, 1950, he was officially desig- nated, by secret vote of representatives of all of the Darlington service clubs, as "Outstanding Citizen of 1949".

MAHAM WARD PYATT 1867-1950 By HERBERT L. SMITH Maham Ward Pyatt, of Georgetown, Dean of the Georgetown County Bar Association, died on October 12, 1950, at the age of eighty-three years. During his entire life he enjoyed to the fullest extent the con- fidence and respect of his fellow citizens. Mr. Pyatt had practiced law 'in Georgetown for more than sixty years -and continued to practice until within a month of the end of his life. Born at Rosemont Plantation, near Georgetown, on November 10, 1867, he was a son of Joseph B. and Joanna Ward Pyatt. He attended the old Winyah Indigo Society School in Georgetown, Porter Military Academy, and the Citadel in Charleston. After graduating from the Citadel in the class of 1888, he read law in the office of the late Mr. Richard Dozier, with whom he was associated for some time after com- mencing practice about the year 1891. In 1894 Mr. Pyatt was elected to the State Legislature and served several terms as a member of the House from Georgetown County. At various times he was a member of City Council, President of the George- town Democratic Club, and City and County Attorney. He was an of- .ficer in Marion's Men of Winyah, a militia group formed during Re-

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construction. He was also a past President of the Winyah Indigo Society and a Mason. A member of Prince George, Winyah, Episcopal Church, he had served as Senior Warden for a number of years. Funeral services were held from this church on October 13, 1950 He is survived by a nephew, Mr. James R. Parker, of Georgetown.

HARRY DAY REED 1877-1950 By FRANK P. MCGowAN Harry Day Reed was born July 3, 1877, at Ogden, Utah, and moved to Georgia during early boyhood. He was educated in the public schools of Waycross, Mercer University, and George Washington University, from which latter institution he received the degree of Bachelor of Laws. In 1898 he became a clerk in the old United States Bureau of Fish and Fisheries in Washington, D. C., and later served 5 years as auditor in the U. S. Treasury Department at Washington. From 1903 until 1909, he served in Panama as Executive Secretary under General Goethals for the Isthmian Canal Commission. He was admitted to the Georgia Bar in 1898, began the practice of law at Waycross in 1909, served one term as Mayor of that city and three years as Referee in Bankruptcy. From 1925 to 1927 he was Judge of the Superior Court of the Waycross Circuit composed of six Georgia counties. In 1927 he resigned from the Bench to resume the practice of law at Waycross. In 1926, as Judge of the Superior Court, he won national recognition for being the first judge to sentence a lyncher to life imprisonment. The Literary Digest of December 4, 1926, carried a full page story regarding the trial and sentence of the lyncher by Judge Reed, entitled "Georgia's Body-Blow at Mob Murder" and a picture of Judge Reed entitled "A Fearless Judge". Judge Reed moved to Columbia in November, 1929, when he became General Counsel of the Federal Land Bank of Columbia and of Federal Intermediate Credit Bank of Columbia. He was admitted to the South Carolina Bar on February 10, 1930. He was a member of the Ware County (Georgia) Bar Association, the Georgia Bar Association, the Richland County and South Carolina Bar Associations, and the American Bar Association. In March, 1946, as chairman of the South Carolina Bar Association Committee on Jurisprudence and Law Reform, he made an outstanding report for that committee. The report made recommen- dations regarding the law of res ipsa loquitur, tax titles, dower, and the need for a State constitutional amendment authorizing the General As- sembly of South Carolina to enact a divorce law. The report crystalized the thought of the need for a divorce law in South Carolina and was a basic motivating force which resulted in the amendment of the Con- stitution and the enactment of a divorce law in South Carolina. In 1933 Judge Reed became the first General Counsel of the Farm Credit Administration of Columbia, which is composed of The Federal Land Bank of Columbia, Federal Intermediate Credit Bank of Columbia, Production Credit Corporation of Columbia, and Columbia Bank for

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Cooperatives. He served in that capacity until his retirement under the Civil Service Retirement Act on August 1, 1947. Because of his well grounded knowledge of farm problems and his exceptional ability as a lawyer, Judge Reed rendered invaluable service to Farm Credit not only in the Third Farm Credit District, but also in the eleven other Farm Credit districts in the United States. His advice, views, assist- ance and representation in outstanding cases that arose throughout the system were frequently solicited and were important factors in estab- lishing the soundness of the system as it is known today. He procured the enactment of laws in the states of the Third Farm Credit District which simplified and expedited loan procedures. He was a scholar; he had an analytical concept of the law; he was a wise counsel and a most effective advocate in trial and appellate courts. He quickly and soundly analyzed difficult legal problems, easily differentiating and separating collateral and tangent matters from the real question at issue. He was a master at brevity and of accurate and effective expression in speech and in writing. In December, 1947, following his retirement as General Counsel of the Farm Credit Administration of Columbia in August of that year, he returned to his home at Waycross, where he was engaged in the private practice of law until his death on July 30, 1950. Judge Reed's major interest as well as his hobby was the law, both from a human interest and a legal standpoint. The following is an appreciation of Judge Reed by the attorneys of the Farm Credit Administration of Co- lumbia at the time of his retirement:

"An able lawyer ... a learned jurist . .. a wise counselor ... a trustworthy friend ... an amiable companion .. . a kindly soul ... a youthful spirit ... courageous in conviction ... tender in judgment ... a gentle man ...

These were the things . . . ingredients ... elements . . . essences ... essentials ... components ... and chemicals of Life ... which may not be bought in the market place of commodities and materialisms . .. that the Master Alchemist studiously blended in the crucible of humanity ... tempered in the flame of years ... until there was a finished Man.., with whom it was our privilege to work. .. who inspired our affection ... respect . . . admiration ... and through the precept of whose example ... there was nur- tured . .. and brought forth . . . from within each of us . . . an earnest desire ... to do the job in hand ... just a little bit better .. ." A resolution passed by the Farm Credit Board of Columbia regard- ing Judge Reed when he retired stated, in part: "He brought to our counsels a scholarly breadth of view and an abiding faith in mankind. Many times in our conferences with Judge Reed, we have been reminded by his approach to a problem that a case under consideration has involved people rather than things; that the successful solution of many of our problems lies merely in the application of the ordinary principles of human un- derstanding; and that the function of the Farm Credit Administra-

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tion is to concern itself with the welfare of farmers instead of farms. It has been obvious to us all that this philosophy permeated all his feeling and thinking, and we are convinced that it has en- abled us to do a better job in the service of agriculture in our district." Judge Reed is survived by his wife, Mrs. Allis M. Reed, and his daughter, Mrs. Capers Gambrell, both of whom are now living at Waycross, by his son, Harry D. Reed, Jr., of the U. S. Coast and Geo- detic Survey, who is now stationed at Norfolk, Virginia, and by five grandchildren. Funeral services were held in the First Baptist Church of Waycross, and he was interred in the family plot at Waycross on August 1, 1950. Judge Reed was dynamic, energetic, resourceful, logical and convinc- ing, and his qualities of mind and spirit were appreciated not only by those who knew him best but also by all with whom he came in contact. He was greatly admired by his host of friends for his sterling qualities of mind, heart, and character. He was an inspiration to many, and his memory is enshrined in the hearts of those who knew him well and held him in high esteem. "His greatness rose to the height of simplicity, modesty and unassumingness, so much that he always found the time for a friendly word with those with whom he came in contact. A gallant, courteous and kindhearted soul went out when all that was mortal of Harry Reed put on immortality."

JULIAN BOOTH SALLEY, SR. 1878-1951 By P. FINLEY HENDERSON In its opinion of fifty years ago in a well-known disbarment case, bur Supreme Court with approval quoted the sentiments upon the legal profession of that great lawyer and literateur, Sir Walter Scott, as he expresses them in his Antiquary through the words of his hero, the Laird of Monkbarns, as follows: "In a profession where unbounded trust is necessarily reposed there is nothing surprising that fools much neglect it in their idle- ness, and tricksters abuse it in their knavery. But it is more to the honor of those-and I will vouch for many-who unite integrity with skill and attention, and walk honorably upright where there are so many pitfalls and stumbling blocks for those of a different character. To such men their fellow citizens may safely entrust the care of protecting their patrimonial rights and their country the more sacred charge of her laws and privileges." Continuing, the Court in the case referred to, sums up the matter as follows: "All the books and authorities which treat of this subject agree that the three main requisites are learning, diligence, integrity; but the greatest of these is integrity."

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Twenty years later a learned South Carolina judge in delivering a eulogy upon the departure of a brother judge, (and the same principles apply to the busy practitioner), harked back to the remark of the Court that "the greatest of these is integrity". He trenchantly added,- "In the days of our youth and young manhood, we are prone to measure greatness by brilliancy of intellect and those qualities which appeal to our ambitions. "But, when the meridian of life is passed and we come closer to the setting sun, we revise our views and look behind those things which glitter, to the real qualities which go to make true greatness. "Then it is that we know, from the depths of our own experi- ences, that character and devotion to duty are the only things which are great and worth while. "We know that these are the qualities which really count in all the walks of life." To form a composite of these wise expressions of the attribute, of the worthy and upright lawyer, or judge, who is eminent in his pro- fession, we find that the virtues involved which are essential to true worthiness and to true eminence at the Bar or on the Bench are learn- ing, diligence, integrity, purity of character, devotion to duty, all guided and molded by an alert conscience. As one who has had the privilege of having practiced law with and near Julian Booth Salley for a half century, and as his law partner for a quarter of a century, I can testify that he possessed and lived with and by, each of these essentials of the eminent lawyer in a marked degree. His learning of the law was profound; and he was diligent in its daily study in order to keep abreast with and constantly cognizant of its ever changing phases. His zeal for work was prodigious. He never stooped to a questionable practice, and once he espoused a cause, he devoted all of his ability, learning and industry to its success. I claim great eminence at the bar for him. Mr. Salley was born on March 23, 1878, at Salley in Aiken County. His parents were Henry and Margaret Salley. He graduated from the Citadel in 1899 as Senior Captain and as winner of the coveted "Star of the West" Medal. He taught school for two years and graduated in law from the University of South Carolina in 1903. He, then, started his long and successful practice of the law in Aiken, during which time he was associated for a few years with Colonel George W. Croft, but since 1924 he has been a leading member of the firm of Henderson & Salley. Mr. Salley has preferred the constant practice of his profession to a careeer combined with political activities, but he has always taken much interest in civic affairs -and years ago served as the Mayor of Aiken for three terms. He was ever urbane and polite in his manner, a popular man who was greatly beloved and admired by his fellow man. In 1904, he married Miss Eulalie Chafee of Aiken, who with a daughter, Mrs. Eulalie Rutledge, and a son, Julian B. Salley, Jr., sur- vive him. His son is a member of the Henderson & Salley firm and is carrying on the family tradition in the practice of the law.

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Mr. Salley's eminence at the bar and his enduring place in the hearts of his friends, and they were legion, are firmly based upon the sterling qualities which he exhibited in his long career.

STEPHEN HUGHES SCHOOLFIELD, JR. 1902-1951 By L. D. LmE Stephen Hughes Schoolfield, Jr., was born at Mullins, S. C., on February 14, 1902, and died at Washington, D. C., April 2, 1951. He left surviving him his widow, the former Miss Letitia Rees, of Los Angeles, California, his mother, Mrs. Tina Cleveland Schoolfield, of Dallas, Texas, and his brother, William C. Schoolfield, also of Dallas, a high ranking technical expert in the field of military aviation. Mr. Schoolfield acquired his general education at the Mullins High School and the University of the South, Sewanee, Tennessee, and his legal education at the University of South Carolina, and upon his grad- uation he was admitted to the bar in 1927. He did not immediately enter upon the practice of law, but after some helpful experience in the lum- ber business, in which his father and his uncle were engaged, he entered into partnership with the writer, commencing the active practice of law at Marion in this capacity in December, 1932; and this partner- ship continued until the writer was elected Circuit Judge early in 1938; and thereafter Mr. Schoolfield continued to practice alone until his voluntary entrance into the United States Navy in the latter part of 1942, wherein he rendered notable service and attained the rank of Commander; and did not retire until shortly before his death. The Marion County Bar throughout its long history has prided itself upon the maintenance of the highest professional standards, both as to character and ability; and this native son surely sustained these noble traditions in every respect. For, among other things, he had that which was aptly described by a noted South Carolina lawyer as the chief attribute of an accomplished member of the bar, namely, a pas- sion for the right. Mr. Schoolfield was quite adequately prepared for the practice of his profession, for he had acquired a comprehensive grasp of the fun- damental legal principles, and had a rather rare facility in research, enabling him readily to find the applicable law, which he applied to the facts before him in the light of discriminating reason and common sense. Consequently, he achieved success from the very beginning of his prac- tice; and his rather numerous clientele were devoted to him, not only because of his professional efficiency, but also because of his character- istic sympathetic patience in his dealing with their problems and diffi- culties. Mr. Schoolfield's professional competence extended to every phase of the practice, including, of course, the important one of advocacy. Having prepared his cases with great thoroughness, he tried- them with admirable poise and precision; and was quite persuasive in argument, mainly because of his understanding of the facts, together with a clear

https://scholarcommons.sc.edu/sclr/vol4/iss1/4 20 et al.: Memorials BAR ASSOCIATION TRANSACTIONS conception of the applicable law; but with definite scorn for mere sophistry. This able and progressive lawyer, of course, extended his activities beyond mere matters of professional import. With a scholarly back- ground, having acquired the Phi Beta Kappa key, his interests were literary and cultural. A leader in his own Church, the Episcopal, he was a liberal supporter of the cause of religion beyond all denominational boundaries. Furthermore, he did his full share in the promotion of all movements for community welfare and betterment. Indeed, he- was in all respects a public spirited citizen, fulfilling in this particular the time honored traditions of the bar. It may here be appropriately mentioned that Mr. Schoolfield was an active member of the South Carolina Bar Association, having served in a very acceptable manner as chairman of the important Committee on Grievances. He had a genuis for friendship, and especially those who, like the writer, were closely associated with him, will cherish the gracious re- membrance of his unfailing loyalty and helpfulness. Finally, it should be said that he was truly a patriot, without fear and without reproach; and it is specially fitting that this distinguished lawyer, citizen, naval officer and servant of his country, which he loved so well, should have his last resting place in the Arlington National Cemetery. ROBERT BEVERLEY SLOAN 1883-1950 By DAvID W. ROBINSON, JR. After 46 years at the Columbia Bar, Robert Beverley Sloan died at his home on College Street in Columbia on July 8, 1950, bringing to a close one of the most interesting legal careers of this period. Beverley Sloan was born in Columbia, April 27, 1883, the son of John Trimmier Sloan and Jane Taylor Beverley Sloan. After the death of his mother when he was ten years old, Mr. Sloan lived with his Beverley relatives near The Plains, in northern Virginia. He took his under-graduate work in electrical engineering at the Virginia Poly- technic Institute and then entered the University of Virginia Law School where he graduated in 1904. Contemporaries tell us that Bev- erley had little interest in electrical engineering but became a fine stu- dent in law at Virginia where he studied under William Minor Lile, Raleigh Minor and Professor Graves, the latter an expert in the field of real estate law. In 1905, he returned to practice in Columbia as a partner with his father in the firm of Sloan & Sloan. After his father's death in 1909, Beverley retained the firm name until the time of his own death in 1950. His brother John T. Sloan joined the firm when he finished Law School and remained with it until his appointment as Juvenile Domestic Relations Judge for Richland County. In his latter years Mr. Sloan was associated with W. C. Boyd and with his nephew, John T. Sloan, III. When Beverley Sloan came to the Bar the legal business in Columbia was controlled by about twenty able lawyers. The leaders of the Bar at

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that time included Andrew Crawford, John P. Thomas, Jr., Allen Green, Robert W. Shand, Jacob Muller, William H. Lyles, Ben L. Abney and W. D. Melton. From the beginning of his legal career, therefore, Mr. Sloan found strong competition at the Columbia Bar, but he quickly attained a position among the leaders through his sound scholarship and his industry. He retained that place to the date of his death when some 250 lawyers practice here in the various fields of the legal profession. Mir. Sloan's practice covered a wide field as would be ex- pected of a young lawyer who began at a small Bar. He was an excellent real estate lawyer due in part no doubt to his training at the University of Virginia, and during his years of practice he had a considerable volume of work in this field. He was an expert in the banking field, serving for years as Vice-President and General Counsel for the Liberty National Bank of South Carolina and as Counsel for its predecessor, The Peoples Bank. He was attorney for the Receiver in the liquidation of the National Loan & Exchange Bank under appointment from the Comptroller of the Currency of the United States, and engaged in the very considerable litigation involving the liquidation of this Bank and of the Liberty National. He was a "family" lawyer, giving sound legal and business advice in the many matters that from time to time re- quire solution. During Beverley Sloan's days at the Bar, automobile causalty in- surance came into existence. He was among the first to realize the importance of this development to the lawyer and in his latter years specialized in it. He developed a technique for handling a large volume of this work to the satisfaction of his clients. His procedure was to give meticulous and painstaking attention to detail so that his reports to the insurer gave the Home Office a word picture of the wreck and a composite story of what could be expected from the witness stand in the event of trial. Many other lawyers felt that this attention to detail was unimportant and beyond a lawyer's obligation, but not Beverley. His sense of duty to the client required him to furnish every available bit of information, no matter how small. The fact that more than twenty casualty companies, active in this area, were among his clients at the time of his death is irrefutable evidence that Beverley knew the casualty business much better than the rest of us. Needless to say, he devoted long hours to the practice of his pro- fession. Even after a long day it was his custom to take to his home files for studying during the evening hours. Today the lawyer likes to leave his work at the office and feel that his profession has no right to crowd in on the few hours of social life after a busy day, but to Beverley Sloan the client's interest was paramount and I have no doubt that many sleepless nights were spent in solving clients' difficulties. Of all of his characteristics as a lawyer, however, I place first his integrity. He knew that there was no substitute for honesty and fair dealing with his brother lawyer, with his client and with other parties in the litigation. He was scrupulously careful to observe the letter and the spirit of the lawyers Code of Ethics. He had a deep respect for the Courts and the Judges knew they could rely on any statement of his. His emphasis on integrity is easily understood when we realize that he accepted the principles of Christianity as his guide in profes-

https://scholarcommons.sc.edu/sclr/vol4/iss1/4 22 et al.: Memorials BAR ASSOCIATION TRANSACTIONS sional and private life. He served on the Vestry and as Junior and Senior Warden of the Trinity Church, he was Vice-Chancellor and Chan- cellor of that Diocese, and on several occasions a delegate to the national convention of the Episcopal Church. He was a close friend and a de- voted follower of each of the Rectors who served Trinity during his lifetime. A paragraph from a tribute by Bishop John J. Gravatt ex- presses his work in the Church so well that I am taking the liberty of quoting it here: "There is no way of estimating the value of the Christian service that he rendered to and through the Church. In his beloved parish church of Trinity in Columbia he earnestly entered into the high privilege of her beautiful and inspiring worship, and also was constantly faithful in his active and interested service rendered in the positions to which he was chosen and in countless other ways." He served in many public capacities: For fifteen years as Executive Committeeman from Ward I in Columbia; as President of the Richland County Democratic Convention for two terms; for many years as Di- rector of the Richland County Public Library; as Chairman of the Richland County Draft Registration Board in World War I; as President of this Bar, and as Vice-President of the South Carolina Bar. However, his chief public work was as United States Commissioner in which capacity he served from 1908 until 1950, a period of 42 years, covering the periods in which District Judges Brawley, Smith, Cochran, Glenn, Myers, Lumpkin, Wyche, Timmerman and Waring have presided over the Federal Courts in this area. As Commissioner he was not merely interested in committing the accused to confinement or in grant- ing him bail. He took a personal interest in each case and wanted to learn the whys and wherefores that brought this man into the court of justice. He followed these men after their release from prison and could always be counted on to lend them a helping hand, which so many needed. 1, It is almost unnecessary for me to say that Beverley Sloan could not have lived this life in our midst without a congenial and devoted helpmate. In 1907 he married Miss Miriam Earle Watrous of British Honduras. From that time to his death he relied heavily upon her af- fection and understanding. Her own work which has been such a vital factor in the field of Columbia charities is in part an expression of his interest in the underprivileged and of his conception of a Christianity which cares for the problems of these people. Many successful laywers have a friend at the Bar to whom they are devoted, but few relationships among men were as close as that of Beverley Sloan and the late William Munro Shand. They grew up around the corner from each other in Columbia-each the son of a successful lawyer practicing in Columbia when he came to the Bar, each of them married and moved into homes in Columbia across the street from each other where they lived during the period of their mature lives. Each was a valued member of Trinity. During the time that both were alive scarcely a day passed when one did not spend the afternoon or evening with the other. They and their wives took many trips together. Each of these four had a keen sense of humor and much

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of the enjoyment and pleasure of Beverley Sloan's life was had in this small circle. His other friendships were numerous and widespread but founded upon the sincerity that marked all of Beverley Sloan's actions and state- ments in his life. He was warm and generous, even sentimental, in his personal relations with others; but I doubt that he ever said a word- gave praise to a friend or espoused a cause--when he did not sincerely believe that his encouragement was deserved. He truly wished well for his fellowmen and believed well of them. All of us remember his standard words of parting--"Luck to you". Beverley Sloan meant that. He wanted us all blessed with the good things of life. May we not this morning say that he helped grant his own wish by giving us his friendship and his example of a full and happy life. These remarks may be closed with this tribute from one who knew him well: "He was a quiet man, almost a timid man, but always courageous in the ideals for which he stood; always endeavoring to make the road easier for some one to travel but militantly opposed to any- thing he thought unjust or harmful. As such I have always seen him clearest-as such he will be remembered by the countless young men and women who came to him for encouragement and ad- vice and whom he never failed."

TYRONE C. STURKIE 1878-1950 By T. C. CALLISoN Tyrone C. Sturkie was born February 7, 1878, in Lexington County, South Carolina, and died at his home in Lexington on March 1, 1950, following a brief illness. He was the son of Calvin R. Sturkie and Josephine Hutto Sturkie, both of whom predeceased him. Until he reached the age of sixteen years he attended the local schools of his County, then went to Orange- burg Collegiate Institute, at; Orangeburg, where he completed the pre- scribed course. He read law in the office of the late Judge James F. Izlar, of Orange- burg. In 1899 he was admitted to the Bar of South Carolina and immediately began practice at Lexington. Later he formed a partner- ship with the late G. T. Graham, of Lexington, under the firm name of Graham and Sturkie, and after that was dissolved he formed another with Mr. Lawson D. Melton, of the Columbia Bar. Still later he formed another with A. D. Martin, of the Lexington Bar, and was so asso- ciated at the time of his death, practicing under the firm name of Mar- tin and Sturkie. For a number of years he maintained, with Mr. Graham, an office in the City of Columbia for a part of each week, but otherwise he spent his whole life in his native county, serving the people among whom he was born and bred. Early in life he adopted the Democrats as his political affiliation, was punctual in his attendance in the County meetings and conventions

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of his party, and for a number of years was secretary of the party in Lexington County. He sought further fellowship in fraternal orders, and for more than 40 years was a member of the Masonic Lodge at Lexington, of which he was also past master. He sought only one public office, that of Magistrate at Lexington, to which he was elected, and which he held for several years. Mr. Sturkie was of manly bearing, strong facial features, keen eyes, quick discernment, and he had a genial disposition and a courteous and pleasing manner which won him friends readily. He was successful in his private practice, and forceful before a jury. For more than fifty years he enjoyed continuous practice of his pro- fession, and was active until the month before he died. In 1941 he was a member of the committee in charge of the dedi- cation of the new courthouse at Lexington, a building in which he took great pride. He was married to Mrs. Hattie Roberts Hendrix, of Lexington, who survives him, together with one step-daughter, Mrs. Fred Rush, of Lan- caster, one step-son, Dr. LeRoy Hendrix, of Columbia; two sisters, Mrs. Pope Jeffcoat, of Swansea, and Mrs. Agnes Neese of Hamlet, N. C.; and two brothers, Dr. D. R. Sturkie, of North and Oscar Sturkie of Pelion. He was a member of the Lexington Baptist Church, which he assisted in establishing, and which he served for some years as deacon. In this church his burial service was conducted by his pastor, Rev. J. L. Hiers, assisted by Rev. Vernon L. Frazier, pastor of St. Stephen's Evangelical Lutheran Church, of Lexington. Interment was in the cemetery of the latter church. Thus ended the career of one of Lexington County's native sons whose life was dedicated to the service of his fellow men, and who was privileged to spend nearly the entire span of it on his native heath.

MACBETH YOUNG 1863-1951 By JOHN D. LONG

Macbeth Young was born under the Stars and Bars, September 10, 1863, a child of the Confederate States of America. He was a son of John Laurens Young and Susan Jane (Garlington) Young of Union, and his birth occurred at the home of his maternal grandparents at Laurens in keeping with a custom of the Old South. This youth of distinguished lineage grew to manhood through the turbulent days of reconstruction, riding horseback as a lad with his elders in the Red Shirt parades for Wade Hampton. He came along at a time when the depleted South sorely needed men for the flower of her youth had perished under the scythe of the Grim Reaper on heroic battlefields from Manassas to Appomattox, and even as a mere boy he exemplified that fine love of country that characterized the patriots who redeemed South Carolina in 1876. Macbeth Young graduated from South Carolina College with the B.S. Degree in 1883. For several years prior to his death he was said to have

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been the oldest living graduate of what is now the University of South. Carolina. I During early manhood his interest turned to mining and he roamed the West prospecting for ores. Journeying down from the Ozarks to White River, he met and married Mary Bates Cravens of Batesville, Arkansas, October 24, 1893. His bride was the daughter of a gallant and distinguished Confederate soldier, Captain Albert G. Cravens, who, had been wounded in battle, and who later gained renown as a river steamboat captain on the tributaries of the Mississippi. It was about this period of his life that Macbeth Young practiced law for a short while in Kansas and there he met and came to know a rising lawyer and promising orator by the name of William Jennings Bryan of Nebraska, whose fame already was spreading from the West over the American continent. Returning to Union with his bride, and even though the scars of the Confederate War and its aftermath were still tender, when the bugles called, like other sons of the South, he shouldered his rifle and marched as a volunteer under the Stars and Stripes, the flag that draped his casket, a sergeant in the Old Johnson Rifles, Company E, 1st S. C. V. I., and well did he serve his country in uniform throughout the Spanish American War. All of his life Macbeth Young faithfully performed the duties of citizenship. In the field of politics he was a leader- and a democrat. He was Chairman of the Union County Democratic Executive Committee for 25 years and he was the President of the South Carolina Presi- dential Electoral College in 1921 and he again served as a member in 1925. Macbeth Young was a statesman in every sense of the word. He served as mayor of the City of Union for 3 terms and he served as the Senator from Union County in the General Assembly of South Carolina for 2 terms. His works are his monument. At great personal sacrifice he became Chairman of the Board of Registration and Local Board during World War I, and his splendid work then caused his government to call upon him again in the great crisis at the commencement of World War II. Let us speak briefly of Macbeth Young as the lawyer for it was here we came to know him best. He began the practice of law when the Union Bar was composed of the ablest legal talent in South Carolina. He brought to the Bar a wealth of classical knowledge obtained from hlis study of fine literature and with this he embellished the starkness of the law. He was a quick student of human nature and he was learned in the law. His devotion and strict adherence to the letter of the Con- stitution of his State and of the United States won for him the title of "Old Constitutionalist" in the General Assembly of South Carolina.. His first partnership was formed with the late and lamented Means Beaty. In November, 1922, the firm of Young & Long was organized and continued until the day of the death of Macbeth Young, April 21, 1951. I hold this association as the greatest privilege and the highest honor of my entire life. Macbeth Young met the issues of life as he met death-implacably and imperturbably. The only blow I ever saw him quiver under occurred

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November 21, 1948, when after 55 years and 27 days of continuous mar- ried life, his "Teeni", as he affectionately called his wife, departed him to await his coming for their joyous reunion on the other shore. He never recovered from this stroke of fate. And after she left him his attitude is summed up in a quotation from Bertrand Russell:

"I warmed both hands before the fire of life, It sinks, and I am ready to depart."

Macbeth Young-citizen-lawyer-soldier-statesman, we will end our tribute to you in the words of the closing stanzas of William Cullen Bryant's beautiful Ode to a Waterfowl:

"Thou'rt gone, the abyss of heaven Hath swallowed up thy foam; yet, on my heart Deeply hath sunk the lesson thou hast given, And shall not soon depart. He, who from zone to zone, Guides through the boundless sky thy certain flight, In the long way that I must tread alone, Will lead my steps aright."

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