Omaha Daily Bee Newspaper, June 27, 1915, Page 11

oA PART TWO EDITORIAL PAGES ONE TO TEN Poppleton at 4Q years of age 11 N APRIL, 1852, I entered the law offices of C. I. and E. C. Walker of Detroit and spent until October 22 of the same year in study and general legal work. During this fame period, Jonag Seeley, Clinton Briggs and General Henry A. Morrow were students in other offices in Detroit. On the 22d of October of that year I was examined at Pontiae, Mich., before the egupreme court of Michigan and admitted to prac- tice. The winter of 1852-58 I spent at the law school of John W. Fowler, first located at Ballston, Saratoga county, New York, moving thence to Poughkeepsie, N. Y. This period was devoted al- riost wholly to improving and perfecting myself in extemporaneous speaking, Prof. Fowler mak- ing that a specialty and being himselt an orator of extraordinary power. turned to Detroit and became a member of the firm known as “Cargill, Poppleton & Chage,” and remained In that connec- tion until about the 18t of August, 1864, “Our firm proved to be top heavy, too many par‘ners and too little busi- ness. It was dissolved, and I then begar ‘o lovl about for a new fleld of operations. ‘lau ll.izis iuna Nebraska bill had just been passed, the Indian title had been extinguished to the terri- tories of Kansas and Nebraska and at- tention was generally attracted to them, Leavenworth and Council Bluffs seemed tp be the two points about which most ’as known and to which mention was most gener- fally airected. I was little inclined to either, prefer- ring Chicago or San Francisco. I left Detroit about tho 1st of October. After remaining a day or twd in (licago (the Chicago & Rock Island road having then just been completed), I determined to go as far west as Davenport. Upon reaching Davenport I found everybody talkjng about Des Moines. Upon reaching Des Moines I found the tide still setting rther west to Council Bluffs. While at Union llege I had read in the New York Tribune a let- teX written by an army officer (located at one of the northwestern forts) pointing out the site op- posite Council Bluffs on the west bank of the Missouri as the eeat of a great future city. The influence of this letter had really moved me from roint to point westward of Chicago with a view of gettling there myself if my judgment should ap- prove on seeing it. I reached Council Bluffs after five days travel by stage from Davenport on Fri- day, October 13, 1854, about 7 o’clock in the even- ing. The next day I visited the site of Omaha, and, gtanding upon the summit of Capitol hill, about the hour of noon, felt that the New York Tribune's correspondent had not exaggerated the eligibility of the location. “About 3 o’clock In the afternoon I found my- gelf on the Towa bank of the river, returning to Council Bluffs. I had been walking constantly since 8 in the morning, had no dinner, and had weither seen onr heard of any person I had pre- viously known. As I set qut to cover the distance bLetween the river and Council Bluffs, I was natu- rally somewhat depressed in spirits. I reflected upon tke situation and could see no work in Omaha for a lawyer. At that time there were perhaps twenty people on the slie of the present city, but there was no government, no eourts, no laws. For legal work it seemed an unpromising field, After walking about one-third of the dis- tance, I saw coming toward me a double team loaded with lumber and driven by a single person. What was my astonishment upon approaching him closely to recognize A. J. Hanscom. We had been fellow students at Romeo during the first months of my residence there, but from that time he had disappeared from my view. In the meantime he had served in the Mexlcan war, been employed vpon the Lakes, ahd married, drifted to Council Eluffs, engaged first in farming and then in mer- chandise, and now as he told me had made a claim adjoining Omaha and was building a dwell- jog house thereon. I expressed to him my view f the discouraging outlook for me as a sawyer “ho must earn his living. He then went on to say that the territorial officers had just arrived ot Bellevue; that a territorial organization would be immediately made; that an election for mem- w ¢ Lers of the legislative assembly would soon be after a brief illness. THE OMAHA SUNDAY BEE PART TWO SOCIETY PAGES ONE TO TEN OMAHA, SUNDAY MORNING, JUNE 27, AJPo ife Story of an Omaha Pioneer Chapter of the autobio _Ple{on Jjust now made pu graphy of blic . 191 SINGLE COPY called; that there was already more or less con- tention about claims and boundaries, and he thought if I remained and established myself im- mediately In Omaha that I could secure a good claim and earn something in claim disputes; that both of us could get elected to the legislature and that I would be sure to earn enough to carry me through until spring; these suggestions eeemed to me to be sound, and before I reached Council Bluffs I had decided to act upon them and remain In the spring of 1858 Fre~- at least until the following spring. “On the following Monday I selected a lot on Toward the close of his life, and after his sight had totally failed, Andrew J. Poppleton dictated his memoirs, which have only now reached the publie. born on a farm in Oakland county, Michigan, July 25, 1830, and died at his home in Omaha September 24, 1896, mwhioh to locate my habitation and rmmediately commenced the erection of what I called an office thereon. Within a few days afterward Governor 0. D. Richardson of Michigan arrived at the Bluffs 2nd proposed to join me In building my cabin and spending the winter in Omaha. This reduced ex- pensge and his proposal was aceepted. After secur- ing the lot from the Council Bluffs and Nebraska Ferry company, I paid “White Cow,” the Omaha chief, $10 for peace and the privilege of occupying by lot. We finished the structure and occupled it within ten days. This so-called office was situ- ated on lot 4 In block 133 of the original survey of the Council Bluffs and Nebraska Ferry com- pany, fronting sixty-six feet on Tenth street and about one hundred and fifty feet south of the southeast corner of Farnam and Tenth streets, standing on the rear of the lot. It was about ten by tourteen feet, and consisted of a light frame- work of cottonwood scantling, covered at the sides and ends with cottonwood slabs standing upright and nailed to the framework. The roof was of cottonwood boards, one door in front and a small window at the side of the door, and a small win- dow in the rear of the structure were the only openings. During the fall we covered the whole exterior with sod, with our own hande, making if not an attractive, a very habitable structure.” We remained in it during the winter and found it as comfortable probably as any house in town. “The election was called in due time by Sec- retary T. B. Cuming (who had become acting gov- ornor by the death of Governor Burt), and Han- scom and myself were both elected to the lower house. The first session of the legislature was an eventful and critical period for Omaha. The capitol was to be located and this was universally regarded as declding the fate of several projected cities. Nebraska City, Plattsmouth Bellevue and Omaha were the principal contestants. When I was elected to the legislature, of course all real- ized the importance of the session upon our pecu- liar interests, for, in the meantime, I, with others, had taken claims and become as much interested in the town as my means would permit. The strug- gle which resulted in the location of the capitol at Omaha was long and close. Of the territorial officials, Acting Governor T. B. Cuming was un- questionably entitled to the greatest credit for this result. Of the members of the two houses of the legislature, while the entire delegation in such body did their best, it cannot be denied that A. J, Hanscom, A. J. Poppleton and Governor O. D. Richardson, who was a member of the counell, were especlally conspicuous in that contest, ‘At the close of the session of the legislature, occupation seemed to be at an end. It purpose or ambition to engage in by politics or political preferment. | btad never lost sight of the law, and in its prac- my was no part of my or subsist Mr. Poppleton was He had been the first general attor- ney of the Union Pacific and prominent in the publio life of Nebraska during his entire residence in the state. “«\'T:—‘;:-:" NN =E tice lay the path of my ambition. For a few days I felt somewhat depressed, and then came employ- ment in the shape of the first lawsuit ever tried in Nebraska, after which I was never idle in my vrofession. This was the sult of John Pentecost against I\ M. Woods. Tt involved a claim situated on a tributary of Saddle creek, as 1 remember, and not far from the present site of Elm- wood park; in fact, I think a portion of it 18 now comprised in the park. client was Pentecost; Governor Rich- ardson represented Woods, A full day was spent in the trial and my client was successful. It took place in the room occupied by the house of representa- tives in what was then called the state house, in which the legislature had con- vened. “In March, 1857, when the govern- ment surveys were completed and the United States land office opened at Omaha, contests In the land office and tigation in the courts following these contests became the staple litigation in which I was en- gaged until 1863, when my work for the Union Pacific first began. I ought to say, however, that during this period I was engaged in many criminal trials. During the time that | was engaged in con- iroversies over land titles, I laid the foundation of that knowledge of the law of public lands which enabled me to deal intelligently and suc- cessfully with innumerable small and some great litigations which sprang up when the Unlon Pa- cific company proceeded to perfect the title to its land grant from the United States. “I was elected a member of the legislature of 1867-58, and served throughout that session—the most fruitless, perhaps, ever held in Nebraska. It was during that ses- slon that a conflict arose which re- sulted in a portion of the members withdrawing from the lawful body in session in Omaha and seeking to establish themselves at Florence as the lawful legislative body. I was elected speaker of that portion of the body remaining in Omaha, “In July, 1858, I was stricken with a sudden and painful {liness, from ich I did not recover suffi- t'lpntl‘ resume the practice of my professign until March, 1860. 1 had been elgeted mayor of the city in the spring /ot 1858, which office I was compelled to resign in the October following on account of my sickness. “In July, 1862, the act authorizing hte con- struction of the Union Pacific rallway became a law. Nothing, however, was done under it except to organize a company on paper until December, 1863, At that date, chiefly for its effect on con- gress, then about to assemble, from which the company was about to ask important legislation, the ceremony of breaking ground took place at Omaha. Peter A. Dey, for many years railroad commissioner of the state of Iowa, had been ap- pointed chief engineer of the road and sent to Omaha and placed in charge of the interests of the company at this point. At his request, at the ceremony of breaking ground, after officials and G. F. Train and others had been heard, 1 was called upon to speuk. My speech gave great satis- faction to Mr. Day and other railway officials and to the people of Omaha and attracted general at- tention; portions of it were soon after published in the London Daily News. A few days afterwards I was engaged by Mr. Dey on behalf of the road to attend to such legal business as might arise at Gmaha for the company and specially requested to prepare a general railroad law to be brought Lefore the general legislative assembly at its next B My ! A o session, This law T drafted. It was passed at the sesslon of 1864 and it has remained practically unchanged from that day to this upon our statute books; with some additional provisions mainly pre- pared by myself In subsequent years relating to sales, leases, consolidutions and the mortgaging of railroads and railroad property. From this time until the spring of 1869 very much of my time was occupled in advising and assisting railway offi- cers, in acquiring right-of-way, depot and shop grounds in the city of Omaha, and in considering the vast variety of questions that constantly spring up in the fnauguration and prosecution of great railway enterprises. “In the meantime, also, my general practice, cepeclally in the trial of heavy law and equity cases, was constantly increasing, and I think that at no period of my whole life have I ever bheen wore completely absorbed in business; nor was T ever faster educated. “Until July, 1869, I had never received from the raflway company any fixed salary. I had been raid upon {temized bills rendered for specific wervices. The amount of my compensation, how- V.7 o Fm“u%f:a A nile Brene < snc st P ents Mr. Poppleton’s draft, of First Resolution adopted by First Nebraska Territorial legislature at its opening session. ever, had been eteadily increasing as the business increased, and my railway work togother with the general practice, which was also coustantly grow- iag, hdd given me the largest iuce g from my profession 1 had yet received. In the month of July, 1869, upon one of the hottest days I recol- lect to have experienced, a messenger came to my oifice stating that John Duff and C. 8. Bushnell, both directors of the rallway company, wished to see me at the Cozzens house in %mlhfl. 1 lost little time in presenting myself before them, for I knew they had been appointed a committee by what was known as the Construction company to visit Omaha and straighten out if possible the tangles which had arisen with that organization, and espe- clally in relation to a firm of tie and timber con- tractors known as “Davis and Assoclates.” “I found these gentlemen minus coats and vests, each diligently plying a large palm leaf fan, end—as {t seemed to me—in distress not wholly caused by the heat. Mr. Duff, who seemed to be the spokesman, proceeded to say that he had found upon inquiry at the auditor's office that the emount of money drawn by me from the company vas constantly increasing, and that the business was also increasing, and perhaps fully warranted my charges. That he thought during the last year [ bad drawn perhaps $5,000, which would be a fair salary to pay for the exclusive time of counsel. y 7 oy A~ hktnn o) AS Poppleton when he That they had sent for me to agree, if possible, upon a fixed salary which would give the company preference in my attention to its business, and if necessary cover my exclusive services, Thereupon he put the question what salary I would requlre. 1 knew the position of the legal business of this company better than these gentlemen knew it themselves, and T answered promptly, $12,000 per year. Mr. Duff appeared to be somewhat aston- ished, but in a few moments we had agreed upon §10,000 as the proper sum. This being completed, he took his vest from the bed and pulled out of an inside pocket about a dozen summons and sub- poenas served upon them that day involving liti- gation to the amount of nearly §1,000,000 and covering the whole ling from Omaha to Ttan. My engagement commenced from the 1st of July, 1869, From that time until my resignation on February 1, 1888, I had few legal engaggments outside the business of the railway company. Such as I had usually involved comparatively light labor, but gave me large compensation. My salary was after- wards raised to $12,000 and continued at that sum until my resignation, This ended by connection with the Union Pa- cific Rallway company and its affairs. I had been twenty-four years in {ts service and had partici- prated in almost all of its trials, conflicts, failures end successes, I need not say that I had grown to feel a strong personal attachment to the corpora- tion and an ardent desire to witness long deferred success, TIts affalrs, however, do not seem to me to have improved, and I fear that the inherent in- firinities entalled upon it by early mismanagement can never be healed or removed, and that liquida- tion alone will clear it of the wreckage and make it useful to the people of the states and territories through which it rung and to the government of the United States. It is impossible to predict the future of the company. It can only be said with certainty that in the absence of a long extension upon very low interest by the United States the company and its affairs must inevitably come to bankruptey. Immediately after my resignation I made a short journey to Mexico, and upon my return to Omaha I took up the general prac- tice, confining myself, however, to cases of importance. My best legal work between 1888 and 1892 con- sisted in the preparation of the law authorizing the consolidation of the street rallways of Omaha, and draft- ing, perfecting, defending and vindi- cating that consolidation in the , together with the prepara- tion and argument, in conjunction with Mr. Woolworth, of the two cases of the Chicago, Rosk Island & Pacific Railway company and the Chicago, Mil- waukee & St. Paul Railway company against the Union Pacific, to compel the epecific performance of a contract for joint trackage over the Missouri river bridge and a portion of the line of the Union Pacific. The arguments of these railway cases before Assoclate Justice Brewer of the supreme court of the United States was my last in the fed- eral courts. couria “As early as 1880 the sight of my left eye had become impaired. Oculists had advised me that this had no necessary connection with, and would probably have no effect upon, the right. Never- theless, about the first of January, 1892, the sight of my right eye began rapidly to fail. This con- tinued until about the first of July of that year, when I became totally blind, My life of light was ehded and my life of darkness began. I recognize to the fullest extent the numerous obligations I bhave all my life been under to my father and mother. They taught me industry, economy and sobriety; to love knowledge; to shirk from no obstacles, but to be patient and persistent in overcoming them; to scorn gratuities; to detest cards, tobacco and liquor; and that the only true order of nobility was that of labor, industry and virtue. They were plain and simple in thelr lives, but such success as I have attalned I attribute mainly to their teachings and exampler®