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University Microfilms INFORMATION TO USERS This dissertation was produced from a microfilm copy of the original document. While the most advanced technological means to photograph and reproduce this document have been used, the quality is heavily dependent upon the quality of the original submitted. The following explanation of techniques is provided to help you understand markings or patterns which may appear on this reproduction. 1. The sign or "target" for pages apparently lacking from the document photographed is "Missing Page(s)". If it was possible to obtain the missing page(s) or section, they are spliced into the film along with adjacent pages. This may have necessitated cutting thru an image and duplicating adjacent pages to insure you complete continuity. 2. When an image on the film is obliterated with a large round black mark, it is an indication that the photographer suspected that the copy may have moved during exposure and thus cause a blurred image. 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University Microfilms A Xerox Education Company 72-27,112 SCMMER, Margaret Frisbee, 1942- THE OHIO STATE BAR ASSOCIATION: THE FIRST GENERATION, 1880-1912. The Ohio State IMiversity, Ph.D., 1972 History, modem i University Microfilms, A XEROX Company, Ann Arbor, Michigan © 1972 MARGARET FRISBEE SOMMER ALL RIGHTS RESERVED THIS DISSERTATION HAS BEEN MICROFILMED EXACTLY AS RECEIVED. THE OHIO STATE BAR ASSOCIATION: THE FIRST GENERATION, 1880-1912 DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Margaret F. Sommer, B.A., M.A. The Ohio State University 1972 Approved by PLEASE NOTE: Some pages may have indistinct print. Filmed as received. University Microfilms, A Xerox Education Company ACKNOWLEDGMENTS Dr. Bradley Chapin, Advisor Dr. Austin Kerr Ohio State University Law Library Ohio State Historical Society Dr. Edward Frisbee Jane Etta Holiday October 29, 1942 . Bom: Spartanburg, South Carolina 1964 ............ B.A., William Smith College, Geneva, New York 1964-1965 .... Secondary school teacher, social studies, Hermon, Maine 1966 ............ M.A., University of Maine, Orono, Maine 1968-1972 .... Teaching Associate, Department of History, Ohio State University, Columbus, Ohio PUBLICATIONS The Shaker Garden Seed Industry, Shaker Museum Foundation, old Chatham, New York, 19 72 FIELDS OF STUDY Major Field: American History United States Constitutional and Legal History. Dr. Brad­ ley Chapin United States Social and Economic History. Dr. Austin Kerr Colonial America and The United States Revolutionary War. Dr. Paul Bowers History of Science. Dr. June Fullmer TABLE OF CONTENTS Page ACKNOWLEDGMENTS.............................. il VITA . iii LIST OF C H A R T S .......... V INTRODUCTION .................................... 1 Chapter I. GENERAL TRENDS OF THE PERIOD AND THE FOUNDING OF THE AMERICAN BAR ASSO­ CIATION .............................. 6 II. THE ORGANIZATION OF THE OHIO STATE BAR ASSOCIATION .... ... 25 III. JUDICIAL REFORM............................. 74 IV. LEGAL EDUCATION AND PROFESSIONAL STANDARDS ............... 162 V. CODIFICATION AND UNIFORMITY OF LEGIS­ LATION ..................................195 VI. THE OHIO STATE BAR ASSOCIATION AND PRO­ GRESSIVE R E F O R M ........................237 VII. CONCLUSION ................................324 APPENDIX ........................ 335 ADDRESSES PRESENTED BEFORE THE OHIO STATE BAR ASSOCIATION.................................... 335 LIST OF ACTIVITIES OF THE OHIO STATE BAR ASSOCIATION.................................... 339 BIBLIOGRAPHY .................................... 341 iv LIST OF CHARTS Chart Page I. OHIO JUDICIAL SYSTEM IN 1852 ............ 27 II. OHIO JUDICIAL SYSTEM IN 1860 ............ 28 III. MEMBERSHIP OF THE OHIO STATE BAR ASSOCIATION ............................ 65 IV. OHIO JUDICIAL SYSTEM IN 1885 ............ 124 V. OHIO JUDICIAL SYSTEM IN 1 9 1 3 ...............155 INTRODUCTION The role of the professions in the Progressive Era is a common theme among historians. Statistics show that many leading progressives were professionals.^ Only recently have historians begun to study the growth of the professions for clues to explain their interest in reform during the early twentieth century^ and many of them still base their generalizations on a few general secondary works because detailed historical accounts of most Those gathered by H. L. Warner on Ohio show 34 pro­ fessionals, 28 of whom were lawyers. There were also 11 businessmen, 5 editors and 8 labor leaders. The occupa­ tions of the rest were unknown. Hoyt Landon Warner, Pro- gressivism in Ohio, 1897-1917, Ohio State University Press, Columbus, Ohio, 1964, 46. See also; Richard Hofstadter, Age of Reform, Vintage Books, New York, 19 55, 144-145, Quad­ rangle Paperbacks, Chicago, 1951, 87-88; Alfred D. Chandler, Jr., "Origins of Progressive Leadership" in Citing Morison, Letters of Theodore Roosevelt, Harvard University Press, Cambridge, 1954, VIII, 1462-1465; Herbert Janick, "The Mind of the Connecticut Progressive," 52 Mid-America, April, 1970, 84, 86-87. ^Monte A. Calvert, The Mechanical Engineer in America, 1830-1910; Professional Cultures in Conflict, John Iloplxns Press, Baltimore, 19 67 is an example of one of these re­ cent works. He believes that a detailed and analytical investigation of the nature of the conflict between the friends and foes of professionalism in one occupational group may lead to a better understanding of change in American urban-industrial society, xvii. 2 professions do not exist. The original impetus for this study was a complaint by Robert Wiebe in the bibliographi­ cal essay of The Search for Order that except for the pro­ fession of medicine, about which there was adequate in­ formation, little work has been done on the development of professions in the United States. The legal profession was one of those he was especially interested in.^ The growth of new professions and the further pro­ fessionalization of older professions seems to be an im­ portant characteristic of urban-industrial development and the Progressive Era."^ A knowledge of the major character­ istics of this process of professionalization provides a necessary background for studies of the professions in this period. All professions center around a basic sys­ tematic, technical knowledge which is expressed in a speci­ al language and is fully meaningful only to its members. As an occupation becomes more professionalized many members see a need for prolonged and specialized study of this Robert Wiebe, The Search for Order, Hill and Wang, New York, 1967, 317-318. Wiebe made a similar comment about the challenge of Hofstadter's suggestions concerning the legal profession in Businessmen and Reform; a Study of the Progressive Movement, Quadrange Books, Chicago, 1962, 211. "^Everett C. Hughs, "Professions" in Kenneth Lynn, Professions in America, Houghton Mifflin Co., Boston, 1965, 1; A. M. Carr-Saunders and P. A. Wilson, The Pro­ fessions, Oxford University Press, Oxford, 1933, 296-297. 3 knowledge by each newcomer under more formal learning ex­ periences in institutions of higher learning. They also develop a self consciousness about their social status and role which strengthens desires for better methods for control of both young and old practitioners and for the training of new members with the proper professional atti­ tude. Professional associations, an interest in the use of titles, attempts to improve admission standards and moves to punish unprofessional action are all symptoms of these characteristics. Another indication of growing professionalization is an increased sense of responsibility to society and a service orientation that de-emphasizes self-interest and considers the profession as a public trust. A final attribute is the increasing importance of peer recognition. Maintaining professional standards and ethics becomes more important than pleasing the public, the boss or even the client.^ The legal profession showed all of these Calvert, The Mechanical Engineer, xv-xvi; Howard Vollmer and Donald Mills, Professionalization, Prentice- Hall, Inc., Englewood-Cliffs. New Jersey, 1966, xi, 4-5, 9, 20-21, 36, 54, 267, 292; Hughs, "Professions," Bernard Barber, "Some Problems in Sociology of the Professions," in Lynn, Professions in America, 1-31; Carr-Saunders and Wilson, The Professions, 319-490; Roscoe Pound, The Lawyer from Antiquity to Modern Times, with Particular Reference to the Development of the Bar Associations in the United States, West Publishing Co., St. Paul, Minnesota, 1953, 4-l0. Hereafter referred to as The Lawyer. 4 characteristics of increasing professionalrzation
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