DOCSLIB.ORG

Western Legal History

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Western Legal History WESTERN LEGAL HISTORY THE JOURNAL OF THE NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY VOLUME 9, NUMBER 2 SUMMER/FALL 1996 Western Legal History is published semi-annually, in spring and fall, by the Ninth Judicial Circuit Historical Society, 125 S. Grand Avenue, Pasadena, California 91105, (818) 795-0266. The journal explores, analyzes, and presents the history of law, the legal profession, and the courts-particularly the federal courts-in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Western Legal History is sent to members of the Society as well as members of affiliated legal historical societies in the Ninth Circuit. Membership is open to all. Membership dues (individuals and institutions): Patron, $1,000 or more; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499; Sustaining, $100- $249; Advocate, $50-$99; Subscribing (non-members of the bench and bar, lawyers in practice fewer than five years, libraries, and academic institutions), $25-$49; Membership dues (law firms and corporations): Founder, $3,000 or more; Patron, $1,000-$2,999; Steward, $750-$999; Sponsor, $500-$749; Grantor, $250-$499. For information regarding membership, back issues of Western Legal History, and other society publications and programs, please write or telephone the editor. POSTMASTER: Please send change of address to: Editor Western Legal History 125 S. Grand Avenue Pasadena, California 91105 Western Legal History disclaims responsibility for statements made by authors and for accuracy of footnotes. Copyright, 01996, Ninth Judicial Circuit Historical Society ISSN 0896-2189 The Editorial Board welcomes unsolicited manuscripts, books for review, and recommendations for the journal. Manuscripts (three copies, and one diskette in Wordperfect 5.0 or higher, if possible) should be sent to the Editor, Western Legal History, 125 S. Grand Avenue, Pasadena, California 91105. Texts, including quotations and endnotes, must be double-spaced. Notes must be numbered consecutively and appear in a separate section at the end of the text. Authors are requested to follow the style for citations used in this journal. Manuscripts that are no more than thirty pages in length, not counting notes, charts and tables, and photographs, are preferred. Also preferred are manu- scripts not concurrently under consideration by another journal. Whether because of prejudice or custom, writers in earlier times often used language considered strange or offensive today. Because Western Legal History publishes articles that present the historical record as accurately as possible, it occasionally publishes quotations containing such language. The publication of such is not to be construed as representing the attitudes of either the authors or Western Legal History. Communication with the editor is encouraged before submission of any manuscript. At that time, other guidelines for the preparation and publication of an article may be discussed. Consultation upon punctuation, grammar, style, and the like is made with the author, although the editor and the Editorial Board are the final arbiters of the article's acceptance and appearance. Articles published in this journal are abstracted and indexed in America: Historyand Life; HistoricalAbstracts; the Index to Legal Periodicals;and the Legal Resources Index. NINH JUDICIAL CIRCUIT HISTORICAL SOCIETY BOARD OF DIRECTORS HON. JAMES R. BROWNING THIOMAS R. MALCOLM, ESQ. Chairman Irvine San Francisco EDWARD J. McANIFF, ESQ. JAMES P. KLEINBERG, ESQ. Los Angeles President MICHAEL E. McNICHOLS, ESQ. San Jose Lewiston CHRISTINE W. BYRD, ESQ. MARGARET M. MORROW, ESQ, Vice President Los Angeles Los Angeles RONALD L. OLSON, ESQ. GERSHAM GOLDSTEIN, ESQ. Los Angeles Treasurer HON. DIARMUID F. O'SCANNLAIN Portland Portland CHET ORLOFF FORREST A. PLANT, ESQ, Secretary Sacramento Portland HON. MANUEL L. REAL JEROME I. BRAUN, ESQ. Los Angeles Immediate Past President CHARLES B. RENFREW, ESQ. San Francisco San Francisco H. JESSE ARNELLE, ESQ. HON. PAUL G. ROSENBLATT San Francisco Phoenix LEROY J. BARKER, ESQ. GUY ROUNSAVILLE, JR., ESQ. Anchorage San Francisco HON. JAMES M. BURNS HON. MARY M. SCHROEDER Portland Phoenix DAVID A. CATHCART, ESQ. DONALD C. SMALTZ, ESQ. Los Angeles Los Angeles BARBARA A. CAULFIELD, ESQ. GERALD K. SMITH, ESQ. San Francisco Phoenix RICHARD R. CLIFTON, ESQ. HON. JOSEPH T. SNEED Honolul San Francisco JOHN L. COOPER, ESQ, CHRISTINA A SNYDER, ESQ. San Francisco Los Angeles GEORGE C. DALTHORP, ESQ. WILLIAM E. TRAUTMAN, ESQ Billings San Francisco F. BRUCE DODGE, ESQ. D. BURR UDALL, ESQ. San Francisco Tucson JEROME B. FALK, JR., ESQ. ROBERTS. WARREN, ESQ. San Francisco Los Angeles MURRAY M. FIELDS, ESQ. MICHAEL A. WHITE, ESQ. Los Angeles Saipan MAX L. GILLAM, ESQ, Los Angeles BOARD MEMBERS EMERITI HON. ALFRED T. GOODWIN Pasadena JOSEPH A. BALL, ESQ. RONALD M. GOULD, ESQ. Long Beach Seattle ALLAN E. CHARLES, ESQ. HON. PROCTER HUG, JR. San Francisco Reno MORRIS M. DOYLE, ESQ. J. STERLING HUTCHESON, ESQ San Francisco San Diego SHIRLEY M. HUfSTEDLER, ESQ. HON. SUSAN Y. ILLSTON Los Anges San Francisco LEONARD S. JANOFSKY, ESQ. CURTIS A. JENNINGS, ESQ. Santa Monica Phoenix HON. SAMUEL P. KING ELWOOD S. KENDRICK, ESQ. Honololulu Los Angeles SHARP WHITMORE, ESQ, FREDERICK K. KUNZEL, ESQ. Fallbrook San Diego SHERMAN V, LOHN, ESQ. BRADLEY B. WILLIAMS Missoula Director WESTERN LEGAL HISTORY BRADLEY B. WILLIAMS, Editor PHILIPPA BRUNSMAN, Assistant Editor EDITORIAL BOARD JUDITH AUSTIN MARI MATSUDA Idaho State Historical Society Law School Center, GORDON M. BAKKEN Georgetown University California State University, R. JAMES MOONEY Fullerton University of Oregon Law MICHAL R. BELKNAP School California Western School of CLAUS-M. NASKE Law University of Alaska, HON. JAMES R. BROWNING Fairbanks Circuit Judge, U.S. Court of PETER NYCUM Appeals for the Ninth Circuit Northwestern School of Law, ELIZABETH J. CABRASER, ESQ. Lewis and Clark College San Francisco KENNETH O'REILLY ERIC A. CHIAPPINELLI University of Alaska, School of Law, Seattle Anchorage University PAULA PETRIK LAWRENCE M. FRIEDMAN University of Maine Stanford Law School PETER L. REICH CHRISTIAN G. FRITZ Whittier Law School University of New Mexico JOHN PHILLIP REID School of Law New York University HON. ALFRED T. GOODWIN School of Law Senior Circuit Judge, U.S. Court HARRY N. SCHEIBER, PH.D. of Appeals for the Ninth Circuit Boalt Hall, University of ROBERT W. GORDON California Yale Law School MOLLY SELVIN, PH.D. MICHAEL GRIFFITH Santa Monica Archivist, U.S. District Court, CHARLES H. SHELDON Northern District of California Washington State University JAMES W. HULSE CAROLINE STOEL University of Nevada, Reno Portland State University LOUISE LaMOTHE, ESQ. STEPHEN L. WASBY Los Angeles State University of New York, DAVID J. LANGUM Albany Cumberland School of Law, JOHN R. WUNDER Samford University University of Nebraska WESTERN LEGAL HISTORY VOLUME 9, NUMBER 2 SUMMER/FALL 1996 CONTENTS The Shifting Significance of United States v. Sweet Nancy J. Taniguchi 131 Gringos v. Mineros: The Hispanic Origins of Western American Mining Law Ray August 147 Classical Lawyers and the Southern Pacific Railroad Daniel W. Levy 177 Book Reviews 227 Articles of Related Interest 257 Memberships and Contributions 265 Cover Photograph:Railroad litigation has played a significant role in western legal history, as readers are reminded in this issue's articles by Nancy Taniguchi and Daniel Levy. (Western Mining and Railroad Museum, Helper, Utah) Coal mining, Independent Coal & Coke Company, 1907 (Utah State Historical Society) THE SHIFTING SIGNIFICANCE OF United States v. Sweet NANCY J. TANIGUCHI In 1919, members of the U.S. House of Represen- tatives Subcommittee on Public Lands asked the following: How did it come about that the State of Utah was given right to that amount of lands (four sections per township]? That is a great deal more than was given to other states. When did the (state's] title vest in this particular [school] section [Sec. 32, T. 15 S., R. 8 E., called the "Sweet section"J? What suggested to Mr. Maynard, the agent of the Department of Justice, to bring action to cancel this [Sweet section] patent?I From a historical perspective, what was the significance of the Sweet case (United States v. Sweet) and the fate of the sec- tion in the context of surrounding events?2 The development of Utah was by turn anomalous to the American West and typical of it. Settled in 1847 by members of the Church of Jesus Christ of Latter-day Saints (the Mormons), Utah experienced decades of friction with federal authorities. Differences between the two ran so deep that Congress delayed Utah's statehood for almost half a century, admitting it to the Union only in 1896. Statehood itself came eighteen months Nancy Taniguchi is associate professor of history at California State University, Stanislaus. IU.S. Congress, House Subcommittee on Public Lands, Hearings ... On HI. Res. 282, 65th Cong., 3d sess., 1919, 14 [hereafter cited as Hearings]. 2 United States v. FrederickA Sweet, Administratorof the estate of Arthur A. Sweet, 245 U.S. 563 (1918). 132 WESTERN LEGAL HiSTORY VOL. 9, No, 2 after the Utah Enabling Act, which permitted the writing of a state constitution.3 This long-running federal-territorial clash went through many stages, beginning with the so-called Utah War of 1857- 58.4 When belligerency proved ineffective in "Americanizing" the Utah Mormons, the confrontation continued with increas- ingly punitive legislation, including the Morrill
Load more

Recommended publications
  • The Inventory of the Ralph Ingersoll Collection #113
    The Inventory of the Ralph Ingersoll Collection #113 Howard Gotlieb Archival Research Center John Ingersoll 1625-1684 Bedfordshire, England Jonathan Ingersoll 1681-1760 Connecticut __________________________________________ Rev. Jonathan Ingersoll Jared Ingersoll 1713-1788 1722-1781 Ridgefield, Connecticut Stampmaster General for N.E Chaplain Colonial Troops Colonies under King George III French and Indian Wars, Champlain Admiralty Judge Grace Isaacs m. Jonathan Ingersoll Baron J.C. Van den Heuvel Jared Ingersoll, Jr. 1770-1823 1747-1823 1749-1822 Lt. Governor of Conn. Member Const. Convention, 1787 Judge Superior and Supreme Federalist nominee for V.P., 1812 Courts of Conn. Attorney General Presiding Judge, District Court, PA ___ _____________ Grace Ingersoll Charles Anthony Ingersoll Ralph Isaacs Ingersoll m. Margaret Jacob A. Charles Jared Ingersoll Joseph Reed Ingersoll Zadock Pratt 1806- 1796-1860 1789-1872 1790-1878 1782-1862 1786-1868 Married General Grellet State=s Attorney, Conn. State=s Attorney, Conn. Dist. Attorney, PA U.S. Minister to England, Court of Napoleon I, Judge, U.S. District Court U.S. Congress U.S. Congress 1850-1853 Dept. of Dedogne U.S. Minister to Russia nom. U.S. Minister to under Pres. Polk France Charles D. Ingersoll Charles Robert Ingersoll Colin Macrae Ingersoll m. Julia Helen Pratt George W. Pratt Judge Dist. Court 1821-1903 1819-1903 New York City Governor of Conn., Adjutant General, Conn., 1873-77 Charge d=Affaires, U.S. Legation, Russia, 1840-49 Theresa McAllister m. Colin Macrae Ingersoll, Jr. Mary E. Ingersoll George Pratt Ingersoll m. Alice Witherspoon (RI=s father) 1861-1933 1858-1948 U.S. Minister to Siam under Pres.
    [Show full text]
  • The Effect of School Closure On
    Social Status, the Patriarch and Assembly Balls, and the Transformation in Elite Identity in Gilded Age New York by Mei-En Lai B.A. (Hons.), University of British Columbia, 2005 Thesis Submitted In Partial Fulfillment of the Requirements for the Degree of Master of Arts in the Department of History Faculty of Arts and Social Sciences Mei-En Lai 2013 SIMON FRASER UNIVERSITY Spring 2013 Approval Name: Mei-En Lai Degree: Master of Arts (History) Title of Thesis: Social Status, the Patriarch and Assembly Balls, and the Transformation in Elite Identity in Gilded Age New York Examining Committee: Chair: Roxanne Panchasi Associate Professor Elise Chenier Senior Supervisor Associate Professor Jennifer Spear Supervisor Associate Professor Lara Campbell External Examiner Associate Professor, Department of Gender, Sexuality, and Women’s Studies Simon Fraser University Date Defended/Approved: January 22, 2013 ii Partial Copyright Licence iii Abstract As exclusive upper-class balls that represented a fraction of elites during the Gilded Age, the Patriarch and Assembly Balls were sites where the Four Hundred engaged in practices of distinction for the purposes of maintaining their social statuses and of wresting social power from other fractions of elites. By looking at things such as the food, décor, and dancing at these balls, historians could arrive at an understanding of how the Four Hundred wanted to be perceived by others as well as the various types of capital these elites exhibited to assert their claim as the leaders of upper-class New York. In addition, in the process of advancing their claims as the rightful leaders of Society, the New York Four Hundred transformed elite identity as well as upper-class masculinity to include competitiveness and even fitness and vigorousness, traits that once applied more exclusively to white middle-class masculinity.
    [Show full text]
  • Slaves, Coolies, and Shareholders: Corporations Claim the Fourteenth Amendment
    Slaves, Coolies, and Shareholders: Corporations Claim the Fourteenth Amendment Evelyn Atkinson The Journal of the Civil War Era, Volume 10, Number 1, March 2020, pp. 54-80 (Article) Published by The University of North Carolina Press For additional information about this article https://muse.jhu.edu/article/750249 Access provided at 5 Mar 2020 05:04 GMT from University of Chicago evelyn atkinson Slaves, Coolies, and Shareholders Corporations Claim the Fourteenth Amendment This article examines the little-known case In re Tiburcio Parrott (1880), in which the federal court extended Fourteenth Amendment rights to corporations for the frst time. It reveals that an analogy between Chinese immigrants and corporate share- holders was the basis for the court’s reasoning. This article explores the social and political context of the movements for Chinese exclusion and corporate regulation in 1870s California to explain this analogy, revealing that Chinese immigrants and corporations were seen as intertwined threats that challenged free white labor and threatened popular democracy. The article focuses on the dueling interpretations of “equal treatment” and “free labor” at play in this confict. It shows how arguments by corporate lawyers, who represented both corporate clients and Chinese immi- grants, and the support of sympathetic judges, lay the foundation for an expansive interpretation of the Fourteenth Amendment that eventually was endorsed by the US Supreme Court. On a drizzly day in February 1880, in an empty sandlot next to San Francisco’s city hall, Denis Kearney called for the erection of a gallows.1 An Irish immigrant who helped found the Workingmen’s Party of California, Kearney declared that “incorporated men” who “refused to discharge their Chinese help” should be “hung ‘higher than a kite.’”2 These “thieves” needed to comply with the provision of the newly enacted California constitution that prohibited any corporation from employing Chinese labor.
    [Show full text]
  • WEAK MAN,AROUSE Yotflpsef
    JLOS HERAJLD: SXTKDAT 8, 1896. 15 sustain the weight of entertaining cert tour twenty years ago. And the which must be done by the reigning dashing Tagliapletra, never so happy queen. New York society just now is as when he wore the smart clothes of a NEW YORK'S SOCIETY QUEEN undergoing the process of rehabilitation MUSICAL COLUMN Spanish bull fighter and could roll out by the infusion of new blood, and the his "Toreador t'attendo" to the plaudits of the galleries; and then d'Albert, whose MAN, tinge of this fluid Is decidedly golden. WEAK AROUSE YOtflpSEF. Most of It comes from Chicago. There dimensions as a virtuoso are in inverse A New Aspirant for the Exalted Is General Torrence, for instance, who Miss concert on Monday, ratio to his size as a man who wears Yaw's the Jager flannel from the top of his head Upon of Hope Leading' \u25a0?OUred immediate metropolitan recog- 16th Inst., is being looked to \u25a0Look' the*V.sioh You on toHealitf and a $10,000 overcoat, and forward to the soles of his boots, eschews meat Position nition by wearing very great nationality, Charles T. Yerkes likewise magnetized with a amount of Interest, and his British and puts off Happiness?lt Voice of Nature Appealifc#to very large wives as Is the Your the gaze of Gotham by sleeping on a and Is sure to draw a audi- his be does his top clothes. ence Simpson Miss Yaw Since we have talked about her husband 110,000 bed. Potter Palmer descended to tabernacle.
    [Show full text]
  • Genres of Financial Capitalism in Gilded Age America
    Reading the Market Peter Knight Published by Johns Hopkins University Press Knight, Peter. Reading the Market: Genres of Financial Capitalism in Gilded Age America. Johns Hopkins University Press, 2016. Project MUSE. doi:10.1353/book.47478. https://muse.jhu.edu/. For additional information about this book https://muse.jhu.edu/book/47478 [ Access provided at 28 Sep 2021 08:25 GMT with no institutional affiliation ] This work is licensed under a Creative Commons Attribution 4.0 International License. Reading the Market new studies in american intellectual and cultural history Jeffrey Sklansky, Series Editor Reading the Market Genres of Financial Capitalism in Gilded Age America PETER KNIGHT Johns Hopkins University Press Baltimore Open access edition supported by The University of Manchester Library. © 2016, 2021 Johns Hopkins University Press All rights reserved. Published 2021 Printed in the United States of America on acid-free paper Johns Hopkins Paperback edition, 2018 2 4 6 8 9 7 5 3 1 Johns Hopkins University Press 2715 North Charles Street Baltimore, Maryland 21218-4363 www.press.jhu.edu The Library of Congress has cataloged the hardcover edition of this book as folllows: Names: Knight, Peter, 1968– author Title: Reading the market : genres of financial capitalism in gilded age America / Peter Knight. Description: Baltimore : Johns Hopkins University Press, [2016] | Series: New studies in American intellectual and cultural history | Includes bibliographical references and index. Identifiers: LCCN 2015047643 | ISBN 9781421420608 (hardcover : alk. paper) | ISBN 9781421420615 (electronic) | ISBN 1421420600 [hardcover : alk. paper) | ISBN 1421420619 (electronic) Subjects: LCSH: Finance—United States—History—19th century | Finance— United States—History—20th century.
    [Show full text]
  • O. Henry's Influences and Working Methods
    THE CREATION OF THE FOUR MILLION: O. HENRY’S INFLUENCES AND WORKING METHODS ____ A Thesis Presented to the Faculty of the Graduate School University of Missouri _____________________ In Partial Fulfillment Of the Requirements for the Degree Master of Arts _______________________________ by GARY KASS Dr. Tom Quirk, Thesis Supervisor DECEMBER 2008 © Copyright by Gary Kass 2008 All Rights Reserved The undersigned, appointed by the Dean of the Graduate School, have examined the thesis entitled THE CREATION OF THE FOUR MILLION: O. HENRY’S INFLUENCES AND WORKING METHODS Presented by Gary Kass A candidate for the degree of Master of Arts And hereby certify that in their opinion it is worthy of acceptance. ________________________________________ Professor Tom Quirk ________________________________________ Professor John Evelev ________________________________________ Professor Steve Weinberg ACKNOWLEDGMENTS Thanks to Helen Snow, North Carolina Librarian of the Greensboro Public Library, who mailed me a copy of the notes taken by C. Alphonso Smith, O. Henry’s first biographer, when he interviewed Anne Partlan in New York on February 11, 1916. Thanks also to the librarians who helped me locate material from vol. 2 of Success magazine. Those issues, dating from December 1898 through November 1899, are missing from the microfilm record, having apparently never been photographed. I am grateful to Ann Dodge, coordinator of reader services in the Special Collections Department of John Hay Library at Brown University, who located the original issues on her shelves, and to Kathleen Brooks, library technical assistant, who kindly paged through each issue in search of Partlan material. In the process, she discovered “One Woman’s Hard Road to Fortune,” a profile of Partlan which I had not seen cited anywhere and which I was unaware of.
    [Show full text]
  • IB BANKRUPT STOQK. A. H. SKINNER. Gallup & Metzger's, WASHINGTON BAKING POWDER
    K A V n U A - ' * " ' " K i ’ *- - JSffl^/?::r-T -' r ■■■. ■ ■ ,a» , t,' f K: V.* S o t n i r ^ a o o a t l f t . - ^ * • mL. X. NO. 37. MANCHESTER, CONN., SEPTEMBER 26, 1891. FIVE CENTS. : AFFAIRS ABOUT TOWN. George Oviatt has a novelty in the ORANGE FAIR. shape of a cotton plant in blossom. ve must fit, or you will not wear it, Successful Exhibit at Town Halt. A. H. SKINNER. This week has been unusually warm The last of twin babies of Mr. and f'A for September. Manchester Grange was obliged to’ go fett must fit, or you cannot bear it Mrs. James Loomis was buried last Sun­ ; Mr. McKinley or any other The scarlet feyer patient in Studio day. to the town hall for its exhibit this year Its last fair was given in Cheney block has recovered. William Fitzgerald was fined $8 and where the fancy work and fruit showed worst thing known your whole life through man would be astonished at Druggist Bostwick h ^ feoved into the costs last Saturday for assault and to good advantage on the long tables be­ f . • • tenement over Weldon’s drug store. breach of the peace. The bill amounted the low prices which prevail neath the gaslight. Cheney hall is at a cramped up foot in a misfit shoe. to $37.70, and he went to ja il. to work *it C. N. Sweetser, Hale & Day’s veteran present closed for repairs, and tiie out. at A: H. Skinner’s. New clerk, is proud of a bran new delivery change to the somewhat cramped quar­ wagon.
    [Show full text]
  • Santa Fe Daily New Mexican, 11-06-1890 New Mexican Printing Company
    University of New Mexico UNM Digital Repository Santa Fe New Mexican, 1883-1913 New Mexico Historical Newspapers 11-6-1890 Santa Fe Daily New Mexican, 11-06-1890 New Mexican Printing Company Follow this and additional works at: https://digitalrepository.unm.edu/sfnm_news Recommended Citation New Mexican Printing Company. "Santa Fe Daily New Mexican, 11-06-1890." (1890). https://digitalrepository.unm.edu/ sfnm_news/2923 This Newspaper is brought to you for free and open access by the New Mexico Historical Newspapers at UNM Digital Repository. It has been accepted for inclusion in Santa Fe New Mexican, 1883-1913 by an authorized administrator of UNM Digital Repository. For more information, please contact [email protected]. DAILY MLEX ICAiN VOL. 27. SANTA FE, iN. M., TIIUltSUAY, NOVEMBER 0, lyo. NO. 219 Cleveland. Specials say there is little maintained. In fact, the train is a or no of An dcubt McKinley's defeat. hotel on wheel, with many conveniences . official be (Telegtaphic Tidings count, however, may necessary which no hotel can offer. S to catisfy Republicans. PIN B re- the ride and the of de- SPITZ, Columbun, Ohio Meagre returns During time -:- -- Watch - I ESTABLISHED IN 1874. Gnld and Silver ceived at Democratic state heidquartere parture is specially arranged with refer- Repairing STATE ELECTIONS. indicate the election of 14 congressmen. ence to the attractive portions of the A SPECIALTY. This estimate includes the defeat of road one may look out on as beautiful Return Slow and Complicated OftioUl and Fostor. Foster concodes his PINE FILIGREE JEWELRY defeat. Both claim scenery as three is in the world.
    [Show full text]
  • Newport, Rhode Island As Ward Mcallister Found It
    “The Glare and Glitter of that Fashionable Resort”: Newport, Rhode Island as Ward McAllister Found It By Emily Parrow A thesis submitted in partial fulfillment of the requirements for the degree of Master of Arts in History Liberty University Lynchburg, Virginia April 2021 ‘THE GLARE AND GLITTER OF THAT FASHIONABLE RESORT’: NEWPORT, RHODE ISLAND AS WARD MCALLISTER FOUND IT by Emily Parrow Liberty University APPROVED BY: David Snead, Ph.D., Committee Chair Michael Davis, Ph.D., Committee Member Table of Contents Introduction ......................................................................................................................................1 Chapter 1: The Southern Connection ............................................................................................17 Chapter 2: The European Connection ............................................................................................43 Chapter 3: The New York Connection and the Era of Formality ..................................................69 Chapter 4: The New York Connection and the Era of Frivolity ..................................................93 Conclusion ..................................................................................................................................130 1 Introduction “Who the devil is Ward McAllister?” The New York Sun posed to its readers in 1889, echoing “a question that has been asked more times of late than any other by reading men all over the country and even in this city.”1 The journalist observed, “In the
    [Show full text]
  • Absentee Soldier Voting in Civil War Law and Politics David A
    Wayne State University Wayne State University Dissertations 1-1-2014 Absentee Soldier Voting In Civil War Law And Politics David A. Collins Wayne State University, Follow this and additional works at: http://digitalcommons.wayne.edu/oa_dissertations Part of the History Commons, Law Commons, and the Political Science Commons Recommended Citation Collins, David A., "Absentee Soldier Voting In Civil War Law And Politics" (2014). Wayne State University Dissertations. Paper 1043. This Open Access Dissertation is brought to you for free and open access by DigitalCommons@WayneState. It has been accepted for inclusion in Wayne State University Dissertations by an authorized administrator of DigitalCommons@WayneState. ABSENTEE SOLDIER VOTING IN CIVIL WAR LAW AND POLITICS by DAVID A. COLLINS Submitted to the Graduate School of Wayne State University, Detroit, Michigan in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY 2014 MAJOR: HISTORY Approved by: _________________________________ Advisor Date _________________________________ _________________________________ _________________________________ © COPYRIGHT BY DAVID A. COLLINS 2014 All Rights Reserved ACKNOWLEDGMENTS As my dissertation committee and fellow graduate students are well aware, this project has been in the works for a long time. I appreciate everyone’s patience. Special thanks go to Marc Kruman, my advisor and friend, for encouraging me several years ago to take up this subject. His guidance on the architecture of the dissertation and his editorial eye have been invaluable. Sandra VanBurkleo, another friend and the most patient editor I have ever known, did the immense service of insisting that I liberate the subject from the confines of formal law. Virginia Thomas and Jan Bissett of the Arthur Neef Law Library at Wayne State University gave me generous research support and encouragement, for which I am deeply indebted.
    [Show full text]
  • American Restaurant Culture and the Rise of the Middle Class, 1880-1920
    TURNING THE TABLES: AMERICAN RESTAURANT CULTURE AND THE RISE OF THE MIDDLE CLASS, 1880-1920 by Andrew Peter Haley BA, Tufts University, 1991 MA, University of Pittsburgh, 1997 Submitted to the Graduate Faculty of Arts and Sciences in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Pittsburgh 2005 UNIVERSITY OF PITTSBURGH FACULTY OF ARTS AND SCIENCES This dissertation was presented by Andrew Peter Haley It was defended on May 26, 2005 and approved by Dr. Paula Baker, History, The Ohio State University Co-Dissertation Director Dr. Donna Gabaccia, History, University of Pittsburgh Co-Dissertation Director Dr. Richard Oestreicher, History, University of Pittsburgh Dr. Carol Stabile, Communications, University of Pittsburgh Dr. Bruce Venarde, History, University of Pittsburgh ii © Andrew Peter Haley iii TURNING THE TABLES: AMERICAN RESTAURANT CULTURE AND THE RISE OF THE MIDDLE CLASS, 1880-1920 Andrew Peter Haley, PhD University of Pittsburgh, 2005 This dissertation examines changes in restaurant dining during the Gilded Age and the Progressive Era as a means of understanding the growing influence of the middle- class consumer. It is about class, consumption and culture; it is also about food and identity. In the mid-nineteenth century, restaurants served French food prepared by European chefs to elite Americans with aristocratic pretensions. “Turning the Tables” explores the subsequent transformation of aristocratic restaurants into public spaces where the middle classes could feel comfortable dining. Digging deeply into the changes restaurants underwent at the turn of the century, I argue that the struggles over restaurant culture—the battles over the French-language menu, the scientific eating movement, the celebration of cosmopolitan cuisines, the growing acceptance of unescorted women diners, the failed attempts to eliminate tipping—offer evidence that the urban middle class would play a central role in the construction of twentieth-century American culture.
    [Show full text]
  • The Creation of the Modern American Restaurant
    THE PENNSYLVANIA STATE UNIVERSITY SCHREYER HONORS COLLEGE DEPARTMENT OF HISTORY AND RELIGIOUS STUDIES DELMONICO’S: THE CREATION OF THE MODERN AMERICAN RESTAURANT ANDREW D’AVERSA SPRING 2014 A thesis submitted in partial fulfillment of the requirements for a baccalaureate degree in History and Management with honors in History Reviewed and approved* by the following: Bryan McDonald, Ph.D. Assistant Professor of History Thesis Supervisor Michael Milligan, Ph.D. Senior Lecturer in History Honors Adviser * Signatures are on file in the Schreyer Honors College. i ABSTRACT The purpose of this thesis is to examine the creation of the modern American restaurant and the factors that formed it through the lens of Delmonico’s. Delmonico’s is widely considered the first restaurant in America. During its lifetime, Delmonico’s earned international acclaim for its classical French cuisine and excellent service. This thesis traces Delmonico’s almost century- long history, from its beginnings in 1827 through 1848, its golden era until 1896, and its downfall in the 1920s. By combining both business and social history, this thesis argues for Delmonico’s rightful place in the historical record and explains why the restaurant model developed by Delmonico’s was successful. To achieve this result, many primary sources, including memoirs, cookbooks written by former Delmonico’s chefs, and a plethora of newspaper articles are analyzed. This thesis will fill the gap in the scholarly record, both of a critical view of Delmonico’s and the reasons for the restaurant format’s prominence from the mid-nineteenth century forward in America. ii TABLE OF CONTENTS Acknowledgements .................................................................................................................
    [Show full text]