North Dakota Law Review

Volume 21 Number 2 Article 2

1944

Report of Committee on Memorials

North Dakota State Bar Association

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Recommended Citation North Dakota State Bar Association (1944) "Report of Committee on Memorials," North Dakota Law Review: Vol. 21 : No. 2 , Article 2. Available at: https://commons.und.edu/ndlr/vol21/iss2/2

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REPORT OF COMMITTEE ON MEMORIALS

JOHN C. ADAMSON John C. Adamson was born in Kenosha, Wisconsin, in 1872. He came to Devils Lake in 1893. In Wisconsin he had worked in a print shop and in North Dakota was in law offices until he was admitted to the bar in 1900. During the next two years he was secretary to the Hon. Thomas F. Marshall, member of the House of Representatives in Washington. He returned to Devils Lake and remained there for three years. He then moved to Bottineau where he became a member of the firm of Noble, Blood and Adamson. This firm had offices in Bottineau and in Minot. In 1913 he returned lo Devils Lake and formed a partnership with the former attorney general and district judge, John F. Cowan, and remained a member of the partnership until the death of Judge Cowan in 1917. Later he was associated with Mr. Sivert Thompson and Mr. F. T. Cuth- bert. He died in Devils Lake December 23, 1943, after a long illness. At that time he was serving the city as police magistrate. In 1903 he was married to Miss Clara I. Stowell at Buffalo, Minnesota, who, with his three children, survives. The pallbearers were members of the Devils Lake Bar Association, and funeral services were held the following Saturday with the rector of the Episcopal Church in charge. Mr. Adamson was a member of the Masonic order, and of the Elks Society. He was a man of varied experience and wide acquaintance. He had worked on the Tribune about 1890 and was personally acquainted with Finley P. Dunn of Dooley fame. When he came to Devils Lake he took up a homestead north of the city and it was while there that he began his study of law after he had obtained a position as stenographer in the offices of Cowan and McClory, Mr. McClory being his brother-in-law.

THEODORE G. AUSTINSON Mr. Theodore G. Austinson was born at Ulen, Minnesota, July 25, 1881, and died in Grand Forks on June 19, 1943. Mr. Austinson had an intensive education, having attended the Moor- head State Teachers' College, the Park Region Luther College, and the law department of the University of North Dakota. He was graduated from that institution in 1904 and practiced law at Ambrose and Crosby, North Dakota, and later in St. Paul. Minnesota. In 1935 he came to Grand Forks where he practiced until the time of his death. Mr. Austinson leaves his wife and one son Harris who lives in St. Louis, and his brother Carl of Phoenix, Arizona. He was buried in Memorial Park Cemetery of Grand Forks on Tues- day, June 22, 1943. He was a member of the Lutheran church and was active in public life while living in the western part of the state. BAR BRIEFS

W. H. BARNETT A truly old-time lawyer died when William Huntley Barnett of Fargo went to his eternal reward on May 21, 1943. Mr. Barnett was born at Fox Lake, Wisconsin July 23, 1856. He attended the public schools of that state and entered the law department of the University of Wisconsin. But Dakota Terri- tory and North Dakota State was to be his home and so he came to Fargo May 8, 1880. He took the bar examination shortly thereafter and began the practice of law with the insurance firm of Briggs and Elder, but soon opened an office alone. From 1885, in Territorial Days, to 1896, in Statehood Days, Mr. Bar- nett was the police magistrate in Fargo and from that time on was known as Judge Barnett. Later he was assistant state's attorney and served in the office of state's attorney for four years. For five years he was assistant United States District Attorney and was associated with Mr. Seth W. Richardton, now engaged in the practice of law in Washington, D. C. March 14, 1883, Judge Barnett was married to Miss Lelah H. Tillotson. To them two children were born both dying in early childhood, and Mrs. Barnett died in 1924. Later Mr. Barnett was married to Miss Madge Trunky, who survives him. While never neglecting the legal profession and though engaged in a great deal of important litigation, Mr. Barnett never lost his interest in outdoor sports, his particular hobbies being base- ball and horse racing. In Fargo he was known as an ardent fan and endeared himself to all those who admired outdoor sports. Judge Barnett was a member of the Masonic order and of the Elks Lodge and was noted for his active work in the Chamber of Commerce. He was buried May 24, 1943. The Rev. Francis A. Sullivan, rector of the St. John's Episcopal church, Moorhead, was in charge of the services.

H. L. BERRY The Honorable H. L. Berry of Mandan, one of the judge of the Sixth Judicial District of this state, died at his home on July 16, 1944, after a serious illness of some duration. Harry Lynn Berry was born in Maine county, Minnesota, November 25, 1871. He attended the high school of Mapleton, Minnesota, and then entered the University. After his studies at the Uni- versity of Minnesota he taught school in Minnesota for some years and then took up the study of law, receiving his law degree from the University in 1903. When Judge Berry came to this state he practiced law for a short time at Anamoose and formed a partnership with State Senator Henry Bessesen, now of Minneapolis. The partnership practiced law at Harvey in Wells County for some years and then Judge Berry removed to Mercer County where he practiced law at Stanton and at Killdeer. He served two terms as state's attorney of that county and in 1920 was elected judge of the BAR BRIEFS

Sixth Judicial District, and continued as such judge until the day of his death. Upon his election he moved to Mandan where his chambers were established and that was his home from that time on. He was buried from the Methodist Church of Mandan on July 20, 1943, and interment was in the cemetery north of the city. No better summation of Judge Berry's career can be given than these excerpts from the brief statement of the Gov- ernor of this State. The Governor said, "North Dakota has lost a valued public servant-and his place will be hard to fill." Judge Berry was a member of the Masonic order and had served actively in the Methodist Church. At the funeral serv- ice the district superintendent of that church spoke with great feeling in regard to the active service which Judge Berry had rendered during his entire career. He is survived by his wife and six children.

E. E. CASSELS The death of Ernest Eber Cassels October 26, 1943, re- moved from our number one who was truly a pioneer in the Dakotas. He was born September 22, 1869, in Ontario, Canada, but when he was a mere child his family removed to Aberdeen, Dakota Territory, arriving there before the railroad was put through. The family was domiciled on a farm and later moved to the city where Mr. Cassels received his early education. Later he went to Valparaiso University in Indiana and there studied law. By this time, the Territory was divided, and April, 8, 1896, Mr. Cassels was admitted to the bar of North Dakota, being then a resident of Ellendale, and Ellendale was his home until the day of his death. Mr. Cassels served Dickey County as state's attorney for about fifteen years, and as the Dickey County Leader said: "No picture of the early life of Ellendale which followed the first pioneer days would be complete without some mention of E. E. Cassels." On February 28, 1900, Mr. Cassels married Miss Loiuse Chambers, who with their two sons survive. One son, Robert C. Cassels, is an attorney in Baltimore, Maryland, while the other is a physician now serving as a lieutenant in the army at Fort Rice, Tennessee. Mr. Cassels was a member of the Angelican Church of Canada in his early days and for many years belonged to the Masonic lodge of Ellendale. At his funeral, the local bar attended as honorary pallbearers and old-time friends carried him to the grave. The Masonic committal service was read.

MARK CHATFIELD Mark M. Chatfield, a veteran of the Spanish-American War, and for many years a practicing attorney in Minot, died at his BAR BRIEFS

home February 23, 1944. Mr. Chatfield was born in St. Paul, Minnesota, October 19, 1876, a descendent of an English family which had settled in Massachusetts in colonial days. His father was a veteran of the Civil War, pioneered in Minnesota, and in 1901 the family came to Bottineau County in this state to take advantage of free land. Their homestead was situated northeast of Glenburn and from there Mr. Chatfield entered the law school of the University of North Dakota and was admitted to practice June 14, 1905. He immediately located in Minot where he made his home until the end of his life. In 1906 he was married to Gertrude Birkett. To them were born nine children, of whom eight are living. His son and name- sake was superintendent of the Max public schools at the time of his father's death. Miles is a lieutenant colonel in the army, stationed at ; Keith is a captain and instructor in a camp in Austin, Texas; Robert is a captain in the air corps, Kenneth is a lieutenant in the air corps and was stationed in Kansas; Stanley is serving with the United States army air corps in Italy; and James was a cadet in the military academy at West Point at the time of the death of his father. One daughter, Mrs. Caswell Mills, lives in Seattle. He was survived also by eight grandchildren. Mr. Chatfield was a member of the legislature in 1909 and therein introduced the resolution which provided for the normal school in Minot. For the major portion of the last seventeen years of his life, Mr. Chatfield was juvenile commissioner. He also served on the gas rationing panel in Minot, and was em- ployed for a part of his time by the Great Northern Railway Company. He was a member and deacon of the First Congre- gational Church and a member of the boy scout troop committee of that institution. The army had a great attraction for Mr. Chatfield and his forbears. He was past state commander of the United Spanish War Veterans, having served with the 15th Minnesota regiment of volunteers in that war. In 1937, this regiment held its first reunion at the Soldiers home, Minnehaha Falls, and for the first time since the war he met his comrades. Mr. Chatfield was a fine, cultured gentleman and had the respect of all his acquaintances.

THOMAS FRANCIS CRAVEN On September 23, 1943, Williston lost one of its leading lawyers, for on that day Thomas Francis Craven died. Mr. Craven was born at Hollywood, Minnesota, August 16, 1864. He attended the public schools of Minnesota and then entered Val- paraiso University in Indiana for a period of two years. He then entered the law school of the University of Minnesota and was graduated therefrom in 1894. Upon graduation he prac- ticed law at Chaska, Minnesota, for about sixteen years, serv- ing as county attorney of Carver County for three terms. Dur- ing his residence at Chaska, he served as president of the school board for eight years. October 27, 1910, Mr. Craven was ad. BAR BRIEFS

mitted to the bar of this state and moved to Williston in 1910 where he remained until the day of his death. While there he was elected president of the city comimssion in 1913 and serv- ed for twelve years. Later he was city attorney and held that office until his health compelled him to retire in 1940. Mr. Craven was a member of the firm of Palmer, Craven and Burns, which later became the firm of Fisk, Craven and Taylor, and then Palmer, Craven and Taylor. He was known as a thorough and eloquent lawyer and commanded the respect of clients and opponents. Mr. Craven was a member of the Roman Catholic Church, a member of the Knights of Columbus, and of the B.P.O.E. He is survived by his wife and nine children who are scattered through the country. At the time of his death his son Benjamin was living in Los Angeles; Edward was in Chicago; Thomas D. was in Laramie, Wyoming; James was a doctor in St. Paul; Mary Elizabeth was a student at St. Catherine's Col- lege; Willim L. was member of the armed forces serving in New Guinea; John P. and Joseph D. were doctors in Williston; and Jeanette, his daughter, was at home.

JOHN H. FRAINE The death of Brigadier General John H. Fraine at the Veteran's Hospital in Minneapolis on May 15, 1943, removed a very colorful figure in the history of North Dakota. General Fraine was born at Sheffield, England, September 7, 1861. In 1866, the family came to Brooklyn and from there removed to Springfield, Massachusetts, where John Fraine received his early education. In 1882, he was married to Miss Marian Robinson of Massachusetts, who preceded him in death by a year. Their only child, John, is with the Republic Steel Corporation in Chicago. John H. Fraine came to Grafton in 1885. There he read law and was admitted to the bar in May, 1891. Two years after- wards he formed a partnership with 0. E. Sauter, which con- tinued until Mr. Sauter was appointed to the district bench. From that time on, Mr. Fraine practiced law until the outbreak of the Spanish-American war in 1898. Prior to that time he had served in the National Guard, beginning as private and gradually being promoted until in 1891 he was commissioned captain. At the outbreak of the war he was commissioned a captain of volunteers and sailed with his command to Manila. He served for seventeen months in these insular campaigns, and because of his activity and skill he was promoted to major in command of the second battalion. Dur- ing this service he participated in twenty-four engagements which included the capture of Manila and served under General Lawton (famous for his remark, "You can not stampede the first North Dakota") in three campaigns which continued until the island were pacified. In 1900, General Fraine continued as major and served in that rank until his promotion to lieutenant colonel, and before BAR BRIEFS the outbreak of World War I he was colonel of the regiment. At the breaking out of the war he mobilized his command and took it to Camp Greene, Charlotte, North Carolina. In December, 1917, he embarked his regiment, landing in his native land on Christmas Eve. Shortly thereafter the regiment moved to France and General Fraine was assigned to staff duty, serving with the Seventh army corps headquarters with the Army of Occupation at Wittlich, Germany, following the Armistice. In July, 1919, he was discharged from the federal service. Military service was not the only extra-legal activity of General Fraine. He was a member of the legislature of this state for the sessions of 1909, 1911, and 1913. During the latter session he was speaker of the house. In 1914, he was elected Lieutenant Governor and served in that capacity for one term. Fraternally, General Fraine belonged to the Masonic order and served as grand high priest of the Royal Arch Masons and grand commander of Knight Templar. He was a member of the Episcopal Church, and funeral services were held at St. John's Episcopal church in Minneapolis and the body was in- terred in Lakewood cemetery.

JAMES E. GRAY On May 20, 1943, James E. Gray, a veteran lawyer of Graf- ton, died in Los 2Angeles, California. Mr. Gray was born in Rathre, Scotland, and came to the United States at a very early age, living near Zumbrota, Minnesota. In July 1891, Mr. Gray came to Grafton where he made his home until a few months before his death. He opened a law office that year and later became associated with Robert McMurchie, T. D. Casey, and Jeff M. Myers. The partnership varied at times, but until 1936, Mr. Gray and Mr. Myers remained as partners. In that year, Mr. Gray formed a partnership with Oliver Normarken, which continued until the latter became a member of the FBI in 1941. Thereafter Mr. Gray was associated with Albert Lundberg and others under the firm name of Day, Lundberg, Stokes and Gray. During his long residence in Grafton, Mr. Gray was active in many phases of community life. For many years he was city attorney and clerk of the school board. During the first world war he was president of the Walsh County chapter of the American Red Cross, and was for several years a member of the Board of Trustees of the Grafton state school. Mr. Gray was a member of the Presbyterian church, being an elder therein and for many years was a member of the Masonic bodies, including the lodge, chapter, and commanderiy. The body was brought to Grafton where funeral services were held on May 25, 1943. During his sojourn in Grafton Mr. Gray had been associated with the following lawyers; J. L. Cashel, Jr., Joel Myers, Albert Lundberg, H. C. DePuy, Ben Greenberg, and T. I. Dahl. These men served as pallbearers at his funeral. He BAR BRIEFS is survived by three children-a son, Alan E. Gray, for some years private secretary to Judge Sutherland of the United States Supreme Court, and now a practicing lawyer in Los Angeles; and two daughters, Mrs. Kenneth Clark of Inglewood, California, and Miss Marion Gray of the same place.

CHARLES H. HOUSKA Charlie Houska, as we called him familiarly, died in Fargo August 11, 1943. He was a native of Walsh County, born near Grafton May 11, 1885. He attended the country school and thereafter entered St. John's University at Collegeville, Minne- sota, where he received his B. A. degree. He then attended the University of Minnesota law school and the law school of the University of North Dakota, from which he was graduated in 1907. In the same year, he was admitted to the bar and opened his office at Bisbee, in Towner County, where he remained for fifteen years. In November, 1922, he was elected states at- torney of Towner County and served in that capacity for four terms. When the Home Owners Loan corporation was set up, he removed to Fargo as assistant state manager. He remained with them until 1937. From 1937, Mr. Houska made his home in Fargo and in 1942 was appointed by Federal Judge Vogel as United States Commissioner. Charles H. Houska was active politically and professionally. He was affiliated always with the Democrat party, he was a member of the Cass county bar association, and was an active member of the the Lions service club. In 1907, Mr. Houska married Miss Mary Barta of Walsh County, who with their daughter Phyllis survives him. He was a faithful member of the Roman Catholic Church and he was buried in the cemetery of the church at Veseleyville, an inland town in the community where he was born and spent his early days.

WILLIAM J. KELLEY Mr. William J. Kelley, attorney at law in Fargo, died of a heart attack on November 4, 1942. He was born in Chatfield, Minnesota, in 1877. About a year before his death, his health was poor and he had been living in Moorhead, Minnesota. When he came to Fargo he was employed in the law office of the Hon. Usher L. Burdick and studied there at that time. He was admitted to the bar of North Dakota July 17, 1931. He is survived by his wife, two daughters-one living in Maryland, and the other at Dickinson, North Dakota-and his son, who lives in New Orleans. Funeral service for Mr. Kelley were held in St. Mary's Cathedral, Fargo, and he was buried at St. Joseph's cemetery of Moorhead.

W. J. KNEESHAW The last two years have seen the removal of four of our resident territorial lawyers by death-Judge W. J. Kneeshaw, BAR BRIEFS

Mr. Melvin A. Hildreth, Mr. W. H. Barnett, and Mr. Hiram A. Libby. Of these, Judge Kneeshaw was the earliest settler in North Dakota. Few jurists of this state have had such colorful career as that of Judge W. J. Kneeshaw. Born in Ontario, Canada, May 5, 1854, he came to Pembina County July 1, 1873, and for the last seventy years he was a forceful, dominant char- acter in that county and his influence gradually broadened until he became almost a statewide institution. Judge Kneeshaw was educated in the common schools of Ontario, attended the high school in the city of Ottawa, was a student at St. Andrews academy at St. Andrews, Ontario, and later a student at McGill University at Montreal. Shortly after his arrival in Dakota Territory, Judge Knee- shaw became manager of the W. H. Lyons general store. In 1877 he returned to Canada and was married to Miss Susan Ran- dall at Paris, Ontario, and the young couple returned immediately to Pembina. In 1876 he was elected county commissioner and served for one term. He afterwards was elected county treasurer of Pembina County, was admitted to the bar in 1879, and when his term as treasurer expired he became county attorney (or as is known today, state's attorney) and he served in that capacity for four terms. In the early eighties, he was elected mayor of the city of Pembina. In November, 1900, Judge Kneeshaw was elected district judge for the then known Seventh Judicial Dis- trict, now part of the Second Judicial District, of this state and served in that capacity from that time until the day of his death. Thus William J. Kneeshaw had the distinction of having the longest continuous service on the district bench of any judge in this state. Judge Kneeshaw was affiliated with the Methodist Episcopal Church. He was active in the Masonic order in various bodies; but probably his most effective work in this field was with the Ancient Order of United Workmen. He had served as grand master of that institution, but for many years prior to his death he was chairman of the law committee of the Order, which has now developed into a great insurance institution. Mrs. Kneeshaw preceded him in death, but he is surived by six of their eight children. His daughters, Mrs. Hazel Pate and Miss Kate Kneeshaw, and a son Percy were living in Pem- bina at the time of their father's death. A daughter, Mrs. Treichler, was a resident of Texas. His son Gordon lived in Los Angeles, and his son Dr. R. S. Kneeshaw is a resident of San Jose, California. The writer of this sketch selects two personal matters with reference to Judge Kneeshaw which to his mind were those the Judge seemed to value the most highly: one dealt with his achievements when a mere boy in Canada, and the other, because it expressed the admiration which the people of the northeastern part of the state had for him as an acquaintance and a friend. As a boy, in the troublesome times in Canada, shortly after the close of the Civil War in the United States, and at a time BAR BRIEFS when the Fenian Organization was creating trouble in what is now the Dominion of Canada, Judge Kneeshaw was a drummer boy for the volunteers of militia, and received a medal for his services at that time. He prized this for it memories and on occasion when speaking intimately and personally, he would refer to this incident, although he was so modest in his demeanor that he rarely spoke of himself than casually. The other incident took place on June 26, 1929, when the Pembina County Old Settlers Association set aside its annual picnic day as one of testimonial for this veteran judge and pioneer who had seen the territory develop from a vast Indian reservation to that of a soverign state in the Union. In the early part of 1943, he received his preliminary sum- mons to depart for the Great Beyond. Thus he knew his time was short and on September 23, 1943, the final summons came and he answered the call. A brief funeral service was held in the Methodist Church of Pembina, but the public service was held in the city hall. The Governor of the State sent his rep- resentative in the person of lieutenant governor, the Supreme Court of the state paid tribute through its representatives; his associates on the district bench were there;. men who were af- filiated with him in the fraternal organizations were present; distinguished representatives of his church attended his funeral and practically the entire bar of the Second Judicial District paid their respects by personal attention. One need not describe the characteristics of this ven- erable jurist to the members of this association. Practically every member here has tried cases before him. They know his keen legal mind, his ability to sense the real facts, and they admire his quickness in the dispatch of business. He was fear- less, outspoken, decisive, friendly, and companionable. He saw the legal system of this state develop from its territorial prim- itiveness to the situation it occupies today. In the family, in the home community, and the state, he was a leader. Smoke screens never obscured his legal vision and it was the pipe of peace which he always held. A man of strong convictions, he was not known to harbor resentment or jealousy and even his reproofs were given with a kindliness of spirit which disarmed all irritation. There were few men like Judge Kneeshaw.

M. A. HILDRETH The Honorable Melvin A. Hildreth died in Fargo January 13, 1944. He was born near Watertown, New York, October 27, 1859, on a rocky farm south of the St. Lawrence River. Ow- ing to the financial conditions of that time, he, with other mem- bers of the family, was required to work and before he reached his teens he was husking corn at five cents a bushel. A few years later he was driving mules on the tow path of the Erie Canal for the munificent wage of fourteen dollars a month. However, he was ambitious and by means of his meager savings BAR BRIEFS he was able to obtain suficient schooling to secure a teacher's certificate, and by teaching in the winter and working as a headwaiter in a hotel in the Thousand Islands district in the St. Lawrence River, he accumulated $800, which he intended to use to put himself through law school. The failure of the bank in which the money was deposited disrupted that plan, but he entered a law firm in his home towns and was admitted to the bar of New York when he was twenty-three years of age. He then opened an office at Antwerp, New York, and shortly after- wards made up his mind to leave for the northwest and came to Fargo in 1888. Colonel Hildreth, as he was familiarly called, was always affiliated with the Democratic party and in the 'years 1900 and 1908 he was a delegate to the national conventions of that party. He had come to Dakota in 1888 and was associated with Col. M. W. Green, a lawyer of Fargo, and 1892 was appointed city at- torney by Mayor Emerson H. Smith. In 1898 he went to the Philippines with the first North Dakota United States volunteers, being a member of the Fargo unit known as Company B, and he was appointed judge advocate by General Otis, who was com- mander of the Eighth army corps. He was a life member of the Spanish- American War veterans and during his career was a member of the National Rifle association. To recount the high- lights of his life would be impossible here, but when we note that he participated in the battle of Manila, that he served in the Philippines during the war, that he acted as reorder for the board of officers that were named to settle with the Spanish government under the peace treaty, that he received the Con- gressional Medal of Honor in the Spanish-American War, that he was district attorney in this state during the first World War, that he was active in the Democratic party, that he was a former president of this association, that he was a member of the state hospital board, and that arrangements were made for the interment of his body in the national cemetery at Arling- ton, we give a rapid sketch of his career. On February 13, 1889, he was married to Miss Luella Davis at Boonville, New York. Mrs. Hildreth died in 1937. To this union were born two children-Mrs. Fred Biffar of Evanston, Illinois, and his son Melvin, now an attorney in Washington, but for many years occupying an important position in the personnel of the League of Nations administration. There are four grand- children, sons and daughters of Melvin. Fraternally, Mr. Hildreth was a member of the Masonic order in Fargo and of the Spanish-American War veterans.

H. A LIBBY Hiram A. Libby, one of the oldest practicing lawyers in this state, died in Grand Forks, on Monday, Feb. 1. 1943. Mr. Libby was born at Mantorville, Minnesota, October 17,,1859. He BAR BRIEFS was educated at Atwater, Minnesota, in the public schools and then took college work in the state of Illinois. After his college experiences, he entered the teaching profession in Minnesota and taught for some time and was admitted to the bar in Minnesota in 1881, practicing in that state until he came to the Territory of Dakota. In 1884, the St. Paul, Minneapolis, and Manitoba railroad, now better known as the Great Northern, built the branch line that runs north from Larimore, extending it up to a wheat field on the south bank of the Park River in Walsh County, and there, in the fall of 1884, came Hiram A. Libby to open a law practice. He was mayor of that city for four years, city attorney for twenty-one years, and state's attorney of Walsh County for several terms. When he became state attorney, he removed to Grafton, practiced law there for some time and in 1913 he re- moved to Grand Forks where he practiced law until the time of his death. Mr. Libby was a former president of the North Dakota State Bar Association and was always interested in its develop- ment. During his active practice he represented a large number of elevator companies and for years was associated with Mr. Fred Harris, formerly of Rolla but now of Grand Forks. Mr. Libby was a member of the Methodist church and of the Masonic fraternity. He is survived by two sons, a daughter having pre- ceded him in death.

T. H. MCENROE A veteran Fargo attorney, Thomas H. McEnroe, died in that city April 19, 1943, having passed his seventy-fifth year. Mr. McEnroe was truly a western pioneer. He was born in a sod house in Iowa, March 8, 1869, and spent his boyhood days at Algona where he attended school and afterwards attended schools at Dixon, Illinois. ,His boyhood was spent on farms and ranches as a cowboy and he entered the University of Iowa and was graduated there- from. After his graduation he traveled for some time in Europe and then returned to his home at Algona, where he opened a law office. His early business enterprises dealth largely with real estate and having some property near Breckenridge, Minne- sota, he located in that city in 1898. Shortly thereafter he was attracted by the evident future of Fargo. In 1896, Mr. McEnroe was married to Miss Bessie S. Dodge of Algona and to them were born two sons and a daugh- ter. The daughter Katherine was residing in Houston, Texas, at the time of the death of her father; one son, Thomas H., was a resident of Melrose, Massachusetts; and the other son Dana was an army lieutenant at Fort Des Moines, Iowa. Mr. McEnroe was a member of the Masonic bodies and of the Elks.. BAR BRIEFS

He was admitted to the bar October 4, 1898. For a short time he served as assistant district attorney of this state but as a general rule was not connected much with politics. Two cases of some notoriety in Fargo and the eastern part of the state were cases in which Mr. McEnroe was engaged.-the famous case of Mrs. Louise Knight to obtain her widow's share in the prop- erty of her deceased husband, a financier of the pioneer days in Casselton; and the famous "sleeping beauty" case of Fargo. In both cases Mr. McEnroe was the counsel for the successful litigant. He had been stricken with a heart attack on the day of his death and died within seven hours after the attack. Funeral services were held in Fargo.

IVAN V. METZGER Ivan V. Metzger died in Williston July 3, 1943. His life history is typical of the foreign-born element in the great northwest. His father was a native of Alsace-Lorraine and came to this country, landing at New York, where he lived for some time. In 1885 Mr. Metzer's parents came to Williston, having spent two years, at Glendive, Montana, where the father had operated a hotel. Owing to the lack of medical care, the mother was sent to and there on July 1, 1889, Ivan Victor Metzger was born. Mr. Metzger was educated in the Williston schools, graduat- ing from the high school in 1908, and then entered the University of North Dakota.- It was his purpose at first to follow the pro- fession of medicine, but afterwards, according to the record which we received, he was persuaded by his college friend and companion, Mr. George Shafer, to study law. He then entered the law school of the university and was graduated therefrom in 1914, being there associated with Mr. Shafer and our Gov- ernor, the Honorable John Moses. Mr. Metzger was admitted to the bar June 22, 1914, and he returned to Williston and join- ed the firm of Burdick and Murphy, but in 1916 he joined the National Guard and afterward entrained for service on the Mex- ican border. He was transferred to the machine gun unit of the First North Dakota Infantry from Grand Forks and served on the border for about a year as second lieutenant. On February 9, 1917, upon his return, he was married to Miss Oleta Lukins of Williston who survives him. Shortly after the marriage, Mr. Metzger enlisted for service in. the World War. He went to Fort Pike, Arkansas, to enter the officer's training school and at the time of the close of the war he held the rank of second lieutenant. Although he did not succeed in crossing the water during the war, ten years thereafter he visited his ancestral home in company with his father, and spent some time in Alsace-Lorraine. At the close of the war, he resumed his practice in Williston and maintained his office until the day of his death. In 1919 BAR BRIEFS

he had been appointed state's attorney to fill out the unexpired term of H. W. Braatelien, this being his only excursion into county or state politics. However, he was elected president of the city commission in 1928 and held the office of president for two years. Mr. Metzger was a member of the Masonic order, an active member in the American Legion, and an adherent of the Congregational Church, from whose church building he was buried, the services being conducted by the rector of the Episcopal Church, in the absence of the local pastor. He was buried in Riverview cemetery beside his father and mother, who had come to this country from a foreign land and whose son helped to develop the western part of the state. Tributes of respect were officially paid to Mr. Metzger by Gov- ernor John Moses and ex-Governor Shafer, two men with whom he had been associated as a boy and whose friendship he valued very highly. It was said of Mr. Metzger that while the law was his life profession he practiced it for the pleasure and en- joyment he got from the profession in being of service to his fellow men.

H. F. O'HARE One of Bismarck's leading counsellors and attorneys at law, Mr. Herbert F. O'Hare, died in Seattle December 9, 1942. He was born in Orillia, Ontario, December 6, 1879, but when he was two years of age the family moved to New Richmond, Wis- consin. He received his early education in the schools of Wiscon- sin, entered the University of Minnesota law school and was graduated therefrom with the degree of LL.B. in 1904. Almost immediately thereafter Mr. O'Hare moved to the state of Wash- ington, but came to North Dakota shortly thereafter, locating at Garrison. He was admitted to the bar December 9, 1905, and practiced in Garrison until 1915 when he came to Bismarck and was associated with E. B. and Gordon V. Cox under the firm name of O'Hare, Cox and Cox. While in McLean County he served two years as the assist- ant state's attorney and after he came to Bismarck he was appointed referee in bankruptcy for the southern part of North Dakota, and held that position for at least seven years. On September 10, 1904, Mr. O'Hare and Miss Myrtle Falkenstein were married. To this union were born three sons-Herbert Francis, Jr., practicing law in Seattle, Washington; Edmund Falk- enstein, practicing lawyer in New York City; and Dr. John O'Hare, now serving in the medical corps of the Navy. Mr. O'Hare was a member of the Masonic order, the Brother- hood of American Yeomen, the Modern Woodmen of America, and of the Baptist Church. He was a veteran of the Spanish-Ameri- can War as a member of Company C. Third Regiment, of the Wisconsin Infantry, and he was in the campaign for Porto Rico. During his career in Bismarck he was city attorney for some time BAR BRIEFS

and had a large part of the transfer of the city's water syetem from a privately owned to a municipally owned plant. In 1939, Mr. O'Hare planned to retire, from active practice and on the automobile trip to the west coast and in passing through Montana, he and his wife were involved in an accident which resulted in the death of Mrs. O'Hare and seriously in- jured Mr. O'Hare - he received injuries from which he never fully recovered. He is survived, therfore by his three sons, and the funeral services were held in Bismarck from the Baptist church of this city.

GEORGE M. PRICE George Milnes Price. In the latter part of 1898 a young man, through the medium of mutual friends, was induced to visit Langdon to determine whether it would be a suitable place for him in which to settle. At that time Langdon was not the city it is now and so the young man, who had intended to visit Butte, Montana, went to the latter place, seeking a location. However, after weighing the possibilities of each place, he re- turned to Langdon in 1899 and this was the beginning of the active life career of George M. Price. His friend, Mr. McPhail, employed him in office work until Mr. Price was prepared to take the bar examination. George Price was born at Iowa City, Iowa, in December, 1874. He was educated in that city, attended the University of Iowa, was graduated therefrom with the degree of Ph.B, and after entering the law school received his law degree in 1898. On September 19, 1899, he was admitted to the bar of North Dakota and began the practice of law in Langdon. In January, 1904, Mr. Price was married to Miss Isabel Mc- Kenty, a native of Ontario. To them were born three children- George R., professor of English at Michigan State college, Lan- sing, Michigan; Isabel Price, who is employed as a librarian at Leland Stanford; and Robert Q., who was associated with his father in the practice of law at Langdon. In February, 1943, Mr. and Mrs. Price visited California to spend some time in the hope of improving the health of Mr. Price, but he became seriously ill in March and died May 27, 1943, at South Pasadena and funeral services were held in the following June at Langdon. Mr. Price was elected state's attorney of Cavalier County in 1902 and held the position for two terms. He was on the city commission for twelve years, being the president of the com- mission for eight years. For several years he was city attorney and during all of his career he was vitally and actively interested in the progress of the city and community. During his tenure as president the municipal water system was installed, Main Street was paved, and the storm sewer system was installed. As a BAR BRIEFS lawyer, Mr. Price was one of the outstanding professional men of his district. Scarcely any important case arose in which he did not figure and as one of the city papers said, "Throughout his forty-two years he was active in every sort of civic enterprise and whenever called upon served diligently."

W. L. T. GooDISON Dr. W. L. T. Goodison was born in Newfoundland February 5, 1873, and died in Larimore, North Dakota January 14, 1944. Dr. Goodison, as he was known to the people of Larimore, was a versatile character. He studied medicine at Hamline University, at the Jefferson Medical College in Philadelphia, took courses at Johns Hopkins and the University of North Dakota, and received appropriate degrees from each institution. Hence, he was a practicing physician at Larimore for about ten years, coming to Larimore in 1893. However, after taking up his residence in Larimore he undertook the practice of law, was admitted to the bar of this state in 1895, and practiced law with 0. A. Wilcox of Larimore. When Mr. George Bangs was state's attorney of Grand Forks, Dr. Goodison was appointed assistant state's attorney locally and was the local assistant attorney general of North Dakota under the Hon. C. N. Frick, attorney general of this state. He served also as city attorney of Larimore for almost a quarter of a century. During the last few years of his life, he dropped the practice of medicine. Mr. Goodison never married and there were no known rela- tives of his in this state. He was buried January 16, 1944, in the local cemetery, a pastor of the Methodist church officiating.

GEORGE PURCHASE George H. Purchase was born at Dearborn, Michigan, in January, 1864. In 1879 the family came to Dakota Territory where his father established a homestead north of Jamestown. Mr. Purchase was educated in the public schools in Michigan and after the family came to Dakota he returned to Michigan and spent some time at the state normal school at Ypsilanti. He returned to Dakota and taught school at Spiritwood, but he undertook the study of law in the office of Judge Roderick Rose who was then the county attorney for Stutsman County, and afterwards district judge. Mr. Purchase was admitted to the Territorial bar and then went to Superior, Wisconsin, where for seven years he was manager of the city police detective force. He returned to James- town for a while and then joined his brothers at Moline, Illinois, where he worked on the old Hennepin Canal. Records of the Court show that on October 18, 1909, he was admitted to the practice of law in the state courts of North BAR BRIEFS

Dakota upon his Territorial certificate. Mr. Purchase practiced law in this state at Esmond, Sentinel Butte, Beach, Halliday, Ashley, Selfridge, Ft*. Yates, and Linton. He was of a roving disposition, but during his career he was associated with many important men in this state. He served as state's attorney of Sioux County and was city attorney at Linton after he came to that city in 1929. He married in 1889 to Miss Sarah Kingstone, but his married life was short, she dying the next year. In 1891, he was mar- ried to Miss Ida Dearborn who died in 1941. Mr. Purchase had been in failing health for some time and died at Jamestown in the latter part of 1943.

FRANK J. SIBELL Frank J. Sibell was born in Milwaukee, Wisconsin, October 30, 1875, but shortly thereafter the family moved to Osakis, Minnesota, and here Mr. Sibell grew to manhood. In 1893 he went to Claremont, South Dakota, remaining there for a short time and then in 1895 he came to Larimore. Living in Larimore for four years, he moved to Emerado and then to Grand Forks where he made his home until the time of his death. In 1910, Mr. Sibell was married to Miss Laura Miller of Osakis. To them was born one child, a daughter, now Mrs. Donald L. Stewart, who with his wife survives him. Mr. Sibell entered the law school of the University of North Dakota and was graduated therefrom being admitted to the bar of North Dakota June 5, 1909. He was not engaged to any great extent in the active practice of the law but for fourteen years prior to his death served as chief deputy in the office of the sheriff. He maintained his standing as a member of the North Dakota bar and he was also connected with the North Dakota Peace Officers association and with the fraternal orders of the I.O.O.F. and the A.O.U.W. He was a member of the Methodist Church in Grand Forks and during his entire career lived a quiet, forceful, and civic-minded life. Mr. Sibell died in Grand Forks January 5, 1943. A rather unusual incident was the fact that his father, who was living in San Antonio, Texas, died about ten days just prior to the death of the son.

L. L. TWICHELL In the death of Luther Lathrop Twichell on March 31, 1944, North Dakota lost one of its most prominent and effective citi- zens. While admitted to the bar of this state March 29, 1899, Mr. Twichell's statewide fame stemmed from his influence as a legislator. He was born in Hastings, Minnesota, September 13, 1872, of a family that dated back its American heritage to 1630. He was truly a son of the American Revolution, for he was a direct descendent of the fifth generation of Gershom Twichell, who heard the call to arms and joined and marched with the BAR BRIEFS first company of the Mendon Minute Men at Concord and Lex- ington; and for generations the family was domiciled in the environs of Boston. Mr. Twichell was educated in the schools of Minneapolis, graduated from the Minneapolis High School, and attended the law department of the University of Minnesota. During his early career, he was employed by various Minneapolis newspapers. He came to North Dakota in 1897. At first he was engaged in farming on a large scale, being associated with his brother, Tread- well Twichell, also a legislative member. Mr. Twichell's fame rests largely upon his service as a legis- lator. He was elected to the House in 1912 and was a member of the legislature in the 1913 and 1915 terms and then again with the session of 1919 and continuously thereafter until the day of his death. He was speaker of the House for the session of 1921, but his chief fame was his chairmanship of the committee of State Affairs of the House and it was here he saw his greatest service. Funeral services were held from the First Methodist Church of Fargo, the church with which he was affiliated. At the time of his death, all state papers were full of, the acts of his life and the service which he rendered. Such newspapers as the Fargo Forum, Minot News, Bismarck Tribune, and Grand Forks Herald, in referring to his death, prefixed their accounts by such state- ments as 'Legislator Extraordinary," "He Chose to Serve," "A Warrior Dies," and "A Different House in the Future Days." Such leading men in the state as Governor Moses, ex-Governor Shafer, Ralph Beede, speaker of the House, A. R. Bergeson of the House of Representatives, Norman Brunsdale and Milton Young, state senators, said; "He gave his best to North Dakota," "His service to North Dakota a great contribution," "Few states boast such sincere services," "Qualities clear when in minority," "His work remains his real monument," "All party leaders re- spected Twichell." Men who opposed him violently because of political principles remarked constantly that they could come to him for advice and counsel with full assurance that he never misled them, and even while denouncing the underlying principles of any proposed bill would give them advice as to the removal of any misstatements, or unconstitutional implications, and freely offer suggestions as to proper languages so as to express the ideas they had in view.

JOHN A. VAN WAGENEN Mr. John A. Van Wagenen died in Williston January 24, 1944, having been a resident of that part of the state since 1912. Mr. Van Wagenen was born in Brighton, Iowa, December 12, 1867. He was a graduate of the high school there and in 1901 removed to Pierce County, Nebraska, and was elected county attorney there in 1905, having been admitted to the bar of BAR BRIEFS

Nebraska in 1904. He remained such county attorney for four years and then removed to Sioux City, Iowa. He came to Williams County in 1912 and in 1919 was located at Temple. He was admitted to the ,bar of North Dakota December 7, 1915, and main- tained his membership therein, although his activities were largely non-professional. He was justice of the peace in Wil- liams County for several years, was post master at Temple for three years, and was township clerk for several terms. Mr. Van Wagenen was not a graduate of a law school, but studied in his brother's office in Sioux City, his brother being for a short time judge of the federal court of the northern district of Iowa. Mr. Van Wagenen was married to Miss Nellie Eugenia Mack of Storm Lake, Iowa, who died in 1931. They had but one child, Margaret Mary, now Mrs. Andrew M. Hansen of Storm Lake. Mr. Van Wagenen belonged to no fraternal orders but was affiilated with the Catholic Church. He was a quiet, un- assuming man, and served his generation in the same spirit.

E. W. CAMP It is not out of place for your committee to record the death of Mr. E. W. Camp, the first court reporter for the Supreme Court of this state, and a member of the constitutional convention, even though he left this state about fifty years ago. Edgar Whittlesey Camp was born February 27, 1860, at Sheboygan, Wisconsin, the son of a Congregational minister. His parents were cousins, the mother, Elizabeth Whittlesey, be- ing a descendent of an old-time family that had lived in the neighborhood of Saybrook, Connecticut. His parents were des- cendents of residents of Connecticut whose families had re- sided in that state for over two hundred years. Mr. Camp was the youngest of six children. It may be of interest to know that only a day or two ago, I learned that the widow of the late Chief Justice Burke was a schoolmate of Mr. Camp in Wis- consin. At an early age, the family moved to Fon de Lac and Waukesha. His mother, a New York school teacher, was his tutor until he was eight years of age. At the age of twelve, he became a student of Latin, poetry, Greek, and of the higher mathematics. At the age of fifteen he became a public school teacher. When he was sixteen years of age, he entered Beloit College and he stated that he was so influenced by Professor Joseph Emerson, professor of Greek in that institution, that for the rest of his life he enjoyed reading Greek literature and philosophy. In Beloit he was active as editor of the college monthly, won prizes for declamation, and in his junior year won the Beloit oratorial contest. He represented that college at the state contest, taking second place, the first going to the noted Robert M. LaFollette who delivered his famous oration "Iago." Mr. Camp was graduated from college when he was twenty years of age and entered the law office of Ephraim Mariner of BAR BRIEFS

Milwaukee who was described by Mr. Camp's daughter as "a first rate lawyer, a man of wealth, the president and general counsel of the Milwaukee Northern Railroad Company." The library of this distinguished lawyer consisted of the English common law reports and such text books as Blackstone, Chitty, Kent, and Greenleaf.

I may say I have a stack of correspondent from California dealing with statements with regard to him with letters that he might have kept for himself. He is described in those letters. You and I who have lived in North Dakota all of these years, know the value of that. In 1882, Mr. Camp came to Jamestown and entered the law office of Allen and Dodge but shortly thereafter went back to Wisconsin for graduate work at Beloit, receiving his M.A. degree in 1883. He was admitted to the Wisconsin bar that year and then returned to Jamestown. In 1884 hc went to Car- rington and in his own records he described the trip in the winter- time by sleigh, covered with buffalo robes and with a lighted lantern between the feet of every passenger on the stage. A hotel man of New Rockford loaned him the writings of Thomas Jefferson. Imagine a man in New Rockford having such. Par- don me, anyone from New Rockford. During the winters Mr. Camp employed his evenings in the reading of the works of this distinguished statesman and in reading Homer's Odyssey in the original. In '85 or '86 Mr. Camp left Carrington and returned to Jamestown where he became a partner of Mr. Dodge. Here he entered politics as a Republican. "Every man has some fail- ing, you know." He attended the various city and county con- ventions. In May, 1889, he was elected as member of the con- stitutional convention, served on the standing committees of revision and adjustment and on the committee of rules for the government of the convention. In the work of the convention, Mr Camp introduced the file providing, "notice how far seeing he was," for a Board of Pardons, consisting of the Governor, the Attorney General, and the Judges of the Supreme Court, thus anticipating by many years the constitutional amendment which provides for the Board of Pardons of today. Mr. Camp also had charge of the constitutional provisions with reference to bills and their titles and the necessity for including the subject in the title; also the file which dealt with the doctrine of pro- hibition. "That was a good thing." It was on his motion that the noted Honorable Thomas M. Cooley of the University of Michigan was invited to address the convention at such time as suited his convenience. While at the constitutional con- vention he did not lose interest in his home town and it was Mr. Camp who presented the memorial to the convention, on or about July 24, 1889, inviting the convention to leave Bismarck and meet in Jamestown for the remainder of the term required to complete the state constitution. BAR BRIEFS

Even in those days the people were interested in irrigation and the reclamation of arid lands and it was Mr. Camp who in- troduced at the convention a memorial to the United States Senate Committee on irrigation, urging this committee to investigate the resources and necessities of this state and the advisability of de- veloping irrigation herein. During the progress of the convention, the question of minority representation of the coming legislature was much debated. Mr. Purcell of Wahpeton had offered an amendment to the provision dealing with representation in the legislature auth- orizing a voter to "cast for one candidate as many votes as their are representatives as he may see fit." Mr. Camp was a support- er of this provision for minority representation but himself was on the minority side. However, he was an the side of the majority to fix the per diem of the legislators as five dollars instead of allowing them five hundred dollars per session. When the work at the constitutional convention was about completed it became necessary for the constitutional convention to meet with a similar committee from South Dakota for the purpose of agreeing to the division of the property owned by the Territory. Mr. Camp served as chairman of the North Dakota committee. Thus, it is seen that his influence was potent in the early life of the community. When the attempt was made to foster the Louisiana Lottery upon this state, Mr. Camp was on the committee that went to Washington to interview President Harrison with reference to the nominations to the federal offices in this state and to defer the same until it could be ascertained how these stood on the lottery issue and further, to do what he could to have Congress close the mails and express offices to dealers in lottery tickets. When the state government was organized and the Supreme Court assumed its functions on November 4, 1889, one of its first acts was the appointment of the court reporter, the record being in this pithy statement, "The Court appointed Edgar W. Camp as Reporter of said Court." This position he held, officially at least, until the appointment of John M. Cochrane in 1892. But during the latter part of his term his duties were discharged by R. D. Hoskins, the clerk, who took over the uncompleted Volume Two, filled it out, and had it published. February 3, 1892, Mr. Camp was married to Theodosia Irvin Baird, the daughter of a Civil War veteran, and a native of Kansas. Two children were born to them, Charles Louis, now a professor at the University of California at Berkeley, and Dorothy Elizabeth, now Mrs. L. D. Nourse, living in Baker- sfield, California. Owing to his wife's ill health, the family mov- ed to California. Here Mr. Camp spent the remainder of his life. His wife died in 1937, and he himself on February 23, 1943 Mr. Camp removed to Los Angeles in 1896, where he be- came a member of the legal department of the Santa Fe Railway BAR BRIEFS

Company. During his career in California, he was a member of the State Board of Bar Examiners, and a member of the Los Angeles Bar Association committee on constitutional rights. After being in the legal department of the Santa Fe for some time, he was made chief of the department, which position he filled until about fifteen years prior to his death. At his own volition, he retired from that position and was made special counsel for the railroad. In that capacity he was actively engaged when he died. During his sojourn in California, Mr. Camp was appointed by the Governor of the state on the committee to recommend revision of the state constitution, and he took an active part in the defense of the const4utional rights of the Japanese-American citizens who had been taken into custody after we entered the war. He was a member of the state assembly of California for a time, and was one of the editors of the Powell Publishing Company in the production of their law digests, including the "Encyclopedia Procedure." He was active in attempting to sup- press the notorious "third degree" on the part of police officers, was an assembly chairman of the committee to investigate the prisons and in many other respects was actively engaged in civic work. For some time he was one of the professors in a private law school which afterwards developed into the law de- partment of the University of Southern California, and he was the head of the school during the Spanish-American War. It was at this time that he undertook the editorship of the Encyclo- pedia of Evidence. At the time of the admission of Arizona as a state, Mr. Camp was appointed head of the law department of the Coast Lines Company, but owing to the excessive travel he had to resign from that position. A few years before his death much of his work was with the Interstate Commerce Commission and up to the time of his death he visited his office almost daily. A leading lawyer in Los Angeles, in writing to your com- mittee, stated that for over thirty years he had been associat- ed with Mr. Camp in the legal department of the railroad and yet during all of the time so modest was he that he rarely, if ever, spoke of himself.

Shortly after he went to California, the Supreme Court of this state said: "He is a man of unblemished honor and integrity -a scholar in the broad sense of the word-an ardent student- a tireless and painstaking lawyer, with abilities of the highest order." Judge Corliss added a most laudatory and friendly statement, and when word of his death came to his old-time friends in Jamestown, the Daily Sun contained a splendid tribute to him as "a deep student of law, of social science, of literature, ancient and modern, and an attorney of great ability." His per- sonality is largely a memory, but his influence is so manifest in the early history of North Dakota as to stamp his name in- delibly on the records of this state. BAR BRIEFS

JAMES P. CAIN Another prominent member of the bar who had become a nonresident at the time of his decease was James P. Cain. He was born at Clare, Iowa, on July 30th, 1882. His general educa- tion was acquired in the public schools of Iowa and in Creighton University at Omaha. He secured his legal education at George- t~wn University, from which he was graduated in 1908 with the degree of LLB. In 1909 he was admitted to the bar in Minnesota, and in 1910 he removed to North Dakota, where he was admitted to the bar in 1911. He located at Dickinson and for six years was city attorney of that city. He was state's attorney of Stark County for ten years. He served as state senator for two terms. On December 28, 1934 he was appointed a member of the bar board and remained a member until his removal from the state in October 1938. In the association year 1933 to 1934 he was president of this association. He was a member of the Bar Board from December 28, 1934, when he was appointed to fill the unexpired term of Mr. McIntyre, filling out his term to January 1, 1939. He also served as a member of the state plan- ning commission from the time the commission was organized until his removal from the state. In 1934 he was a candidate in the Primaries for the Repub- lican nomination as Governor, but was defeated. Mr. Cain was an alert, capable, public-spirited citizen. Bless- ed with a strong and pleasing personality he was especially quali- fied to render valuable and efficient public service. Mr. Cain on September 12th, 1923, was married to Cecelia Connolly of Man- dan, North Dakota. A son James Patrick Cain, born to this union now is in naval service in the southwest Pacific. Mr. Cain died at Santa Monica California, on October 31st, 1943.

CHARLES E. LOUNSBURY Of the non-resident attorneys who had practiced in this state for some time was Charles E. Lounsbury who was born in Wahpeton July 22, 1888, the son of Mr. B. F. Lounsbury, a pioneer furniture merchant of that city. Mr. Charles E. Lounsbury (known to his fellow citizens as Ned Lounsbury) was educated in the local schools of Wahpe- ton and attended the Red River Valley university, now affiliated with the University of North Dakota under the name of Wesley College. After receiving his education he spent some years on the west coast at various lines of work but returned to Wahpeton and passed the state bar examination in 1913 and was admitted to the bar December 6, 1913. He served as state's attorney of Richland County for four years and then in 1929 removed to Chicago where he became a member of the Dichburne and Louns- bury firm and was assistant corporation counsel for the city. While in Wahpeton he served as secretary of the Wahpeton Chamber of Commerce for several years, was one of its original 142 BAR BRIEFS directors, and helped to organize the Greater North Dakota as- sociation. Mr. Lounsbury died in Chicago in the early part of 1944 and funeral services were held for him in Wahpeton. He is survived by his wife and two daughters.

Following the thoughtful and well chosen expression, by Mr. Zuger, I move, Mr. Chairman, that this report be reecived, filed, and printed in the minutes of this Association. Respectfully Submitted A. G. BURR, Chairman C. J. MURPHY, per proc. A. G. Burr C. L. YOUNG, per proc. A. G. Burr L. R. NOSTDAL B. H. BRADFORD 3J AWmrtam L--