• Abstract and Figures
• Public Full-text

Central Library of Rochester and Monroe County · Historic Monographs Collection /A Central Library of Rochester and Monroe County · Historic Monographs Collection Central Library of Rochester and Monroe County · Historic Monographs Collection Central Library of Rochester and Monroe County · Historic Monographs Collection M 0^ a T^ r "7 6V_ Central Library of Rochester and Monroe County · Historic Monographs Collection ROCHESTER and MONROE COUNTY NEW YORK PICTORIAL and BIOGRAPHICAL NEW YORK AND CHICAGO THE PIONEER PUBLISHING CO. 1908 Central Library of Rochester and Monroe County · Historic Monographs Collection Central Library of Rochester and Monroe County · Historic Monographs Collection m_pie7/rot?ier.s.tfrwYor)c Sfr^AJa(2^ts~y Central Library of Rochester and Monroe County · Historic Monographs Collection 3fubge 3fotm JW- afcp HEN THE history of New York and her public men shall have been written, its pages will bear no more illustrious name and record, no more distinguished career than that of Judge John M. Davy. If "biog raphy is the home aspect of history," as Wilmott has expressed it, it is certainly within the province of true history to commemorate and perpetuate the lives of those men whose careers have been of signal usefulness and honor to the state, and in this connection it is not only compatible but absolutely imperative that mention be made of Judge Davy, one of the most able and learned members of the New York bar, who for seventeen years served on the supreme court bench. Though born across the border, he is distinctively American in his thoughts, his purposes and his loves. He was born in Ottawa, Ontario, June 29, 1835, and in his infancy was brought by his parents to Monroe county. He is of English and Irish descent and his boyhood, youth and early manhood were passed in Mendon and Henrietta until he commenced the practice of law, when he removed to Rochester, seeking the broader field of labor offered by the courts of this city. He had almost completed his preliminary reading when, in 1862, he assisted in raising Company G of the One Hundred and Eighth Regiment of New York State Volunteers, and was appointed cap tain of the company by the recruiting committee of Monroe county, which was composed of Dr. Anderson, Judge Selden and others. L. B. Yale, who was at the same time appointed first lieutenant, objected to taking a sub ordinate position, whereupon Mr. Davy offered to exchange places with him, saying that he had enlisted through patriotic motives, and, if necessary, he was willing to enlist as a private. This was truly indicative of the char acter of the man who has ever placed his country's good before personal aggrandizement. The offer of exchange was accepted, and in August, 1862, Mr. Davy was commissioned by Governor Morgan as first lieutenant. With the regiment he went to the front and was in active service until the winter of 1863, when he was taken ill with typhoid fever and the attack left his health and strength seriously impaired, so that he was no longer able for field service. Accordingly he was honorably discharged in the spring of 1863. After recovering his health Judge Davy resumed the study of law in the 5 Central Library of Rochester and Monroe County · Historic Monographs Collection 6 3ubgc Jofm p. iDabp office of Strong, Palmer & Mumford, and was admitted to the bar that year in the same class with Justice William H. Adams, of Canandaigua, New York. Opening an office in Rochester, Mr. Davy at once began practice and his clientage rapidly increased, as in his law work he gave evidence of his ability to handle with masterly skill the intricate problems involved in liti gation. He was soon recognized as a leader among the younger members of the Rochester bar. In 1868 he received the republican nomination for the office of district attorney of Monroe county, and during his term in that position he handled the large business of the office in a most conscientious and able manner. Declining a second nomination, he retired from office in 1871 with a most creditable record and took up the duties of a constantly increas ing private practice. From time to time he has been called from his private business interests to aid in conducting public business. Entirely unsolicited and without his knowledge there came to him from President Grant, in 1872, the appoint ment to the office of collector of customs for the port of Genesee, and there in he served until it became necessary for him to resign in order to enter upon the duties of congressman, having been elected to represent his district in the legislative councils of the nation. While in congress Judge Davy was a member of the committee on railways and canals, also the committee ap pointed to investigate the police commission of the District of Columbia. He voted for the electoral commission bill. He made but few speeches, but was an active and influential member. His speech against congress grant ing subsidies to railroads was a wise and statesmanlike effort. Studying all his points with care and with a thorough grasp of his subject, he showed that such means were in direct controversion to the fundamental law of the land, and an encroachment upon the rights reserved to the states. In the matter of the Geneva award bill, pertaining to the adjustment of the Alabama claims, he showed an equally nice sense of justice and a solicitude for the preserva tion of the national honor in an exact performance of the conditions ex pressed by the committee of arbitration in the distribution of the funds awarded. His whole congressional record showed a thorough knowledge of constitutional and common as law, well as practical and sound common sense concerning every public question that claimed his attention and considera tion. At the close of his congressional career Judge Davy devoted himself ex clusively to the work of his profession. He was attorney for the East Side Bank for Savings fourteen years and was also attorney for a syndicate of New York capitalists in the Genesee Valley Canal Railroad litigations, in which his efforts were successful. He was likewise attorney for the West Shore Railroad and the North River Company Construction Company in the coun ties of Cayuga, Seneca, Wayne, Monroe and Genesee. He was also attorney for the Rochester & Lake Ontario Railway Company. While an active practi- Central Library of Rochester and Monroe County · Historic Monographs Collection 3ubgc Jofjn M- J^abp 7 tioner at the bar he argued many cases and lost but few. No one better knows the necessity for thorough preparation and no one has more industriously prepared his cases than he. His handling of his case was always full, com prehensive and accurate; his analysis of the facts clear and exhaustive; he saw without effort the relation and dependence of the facts and so grouped them as to enable him to throw their combined force upon the point they tended to prove. His briefs always showed wide research, careful thought and the best and strongest reasons which could be urged for his contention, presented in cogent and logical form and illustrated by a style unusually lucid and clear. High professional honors came to Judge Davy in his election in the fall of 1888 as justice of the supreme court for the seventh judicial district. He was unanimously nominated by the republican party and later by the demo cratic party, while the prohibition party placed no candidate in the field. Pie received the largest vote ever cast for a justice of the supreme court in the district and after serving fourteen years he was again nominated by acclam ation by both parties and served for three years, at which time he retired, having reached the age limit of seventy years, as imposed by the laws of the state. His opinions while on the bench showed great research, industry and care and challenged the approval of and commended themselves to the bench and bar. He frequently held court in the city of New York during his judicial career and rendered decisions in many very important cases. He is a mem ber of the State Bar Association and for one term served as its vice president. At the conclusion of his last term of court in the city of New York, when the business of the court was ended, Attorney General Mayer made a speech complimenting him upon his record on the bench and voicing the regret of the legal fraternity of the state that his term of office was about to expire. District Attorney Jerome and other well known lawyers took occasion to ex press highly complimentary appreciation of the career of the Rochester jurist. When he retired from the bench a banquet was held in his honor and the guests had much to say concerning his professional and judicial career. Per haps no better estimate of his official service can be given than in inserting the addresses delivered at a special term of the supreme court held in Roches ter, December 30, 1905, when the bar took occasion to give public expression to the high regard in which Judge Davy is uniformly held. Mr. J. P. Varnum said: "This being the last day of your Honor's of ficial term as justice of the supreme court of this state, before you take final leave of the bench on which you have had a seat for the last seventeen years, and where you have so well, so faithfully and so conscientiously discharged the duties of your high office, the members of the bar of this county desire to mark the day by some open and public expression of the feelings and senti ments which they entertain towards you, both as judge and as man, and for Central Library of Rochester and Monroe County · Historic Monographs Collection 8 3|ubge 3ofm M- ^abp has been to act as our that purpose Mr.

Load more

  428

Copy Link