Magruder, Benjamin Drake

Benjamin Drake Magruder was born on September 27, 1838 in Natchez, Mississippi. His father, Professor W. K. N. Magruder and his mother were both originally from the North. Because his father was a professor, he prepared young Benjamin for college on his own, and at age 14, Benjamin Magruder entered Yale University.

Magruder graduated from Yale at age 18 and immediately entered The University of Lousiana’s department of law. After graduating from the legal department, Magruder was admitted to the bar in Memphis and chose to practice there for several years. The outbreak of the Civil War in 1861 caused Magruder to leave the South, and he moved to Chicago.

In Chicago, Magruder built up a successful legal practice. His relationship with one of his partners, George F. Bailey, would eventually lead him toward a life as a judge. George F. Bailey was also a former partner of Judge Joseph E. Gary, who, on the recommendation of Bailey, appointed Magruder to be Master of the Superior Court of Cook County. Magruder served in this capacity for 16 years.

In 1885 Magruder decided to run for the Illinois Supreme Court, and was named by the Republican party to be the successor of Justice T. Lyle Dickey who died the same year. Interestingly, the Democrats also endorsed Magruder, and he ran unopposed for the position on the Illinois Supreme Court. He was re-elected in 1888 and 1897, but failed to receive the Republican nomination in 1906. Although his failure to receive the nomination no doubt had political explanations, many believed he was too old to be still serving on the bench. Magruder tried to run as an independent but was defeated. After being defeated, Magruder returned to private legal practice at age 68.

Magruder served 21 years in all on the Illinois Supreme Court, and served as Chief Justice in 1891, 1896, and 1902. In his decisions he was known for his staunch anti-trust stance, and his skepticism of the character of modern business. Magruder believed business had become riddled with men of means and apprehensible character, and was known to fight for those who were less fortunate.

Shortly after coming to Chicago, Magruder married Julia M. Lathum (or Lathrop) in 1864. They had a son and a daughter together. The couple’s daughter died around the turn of the century, and Mrs. Magruder died several years later in 1904.

Magruder was a member of the 4th Presbyterian Church for over 40 years, and served as a church elder for a number of those years. Due to his distinguished legal career, Yale conferred upon him the Degree of Doctor of Laws in 1906.

After having a brief bout with Bright’s disease, Benjamin Drake Magruder was found dead in his home on April 21, 1910, presumably from kidney failure.

Next: John H. Mulkey

Sources:

• “Benjamin Drake Magruder- Obituary.” Chicago Legal News 42(1910): 297. 19th Century Masterfile. Northwestern University, Evanston, IL.
• “Memorial of the Late Benjamin Drake Magruder of the Illinois Supreme Court.” Chicago Legal News, 43 (1910): 85. 19th Century Masterfile. Northwestern University, Evanston, IL.

Mayer, Levy

The man in the elegant portrait by Leopold Seyffert in the Entrance Lobby to Levy Mayer Hall at Northwestern University School of Law is Levy Mayer, facing a painting of his widow, Rachel Meyer Mayer who, after Levy Mayer’s death in 1922, donated $500,000 of his eight million dollar estate to build Levy Mayer Hall, giving the School of Law its first and remaining home on the downtown campus of Northwestern University.

Levy Mayer was born in Virginia in 1858, the sixth of thirteen children, the son of 1855 immigrants from Bavaria, now Germany, where only Catholics had been allowed to hold certain jobs and pursue professions, or hold public worship, and where there were many laws against minorities, not only Jews, purchasing and owning real estate. The family went to Virginia, after arriving in New York, because Levy Mayer’s mother had a brother there, and then in straightened circumstances came to Chicago when Levy Mayer was five, leaving the turmoil and economic devastation of the South.

The Mayer family settled on the Northwestern Plank Road, later Milwaukee Avenue, where Levy Mayer’s father set up a small business. Between the Great Plank Roads were large sections of open prairie. The Plank Roads were literally planks of wood put down over ice and snow, and they ran as spokes to the central hub of the city, the courthouse, city hall, and the business district which grew up around those institutions.

Levy Mayer entered Chicago High School at the corner of Halsted and Monroe Streets before the age of 12, and a special exception was made to admit him at that age. His parents were committed to their children’s education, especially to the education of their gifted son.

His older brother David had already entered business and supported his younger brother attending Yale College and then Yale Law School, paying his expenses to go there at age 16 in 1874, again succeeding in persuading the institution to waive its requirement that entering students must be 18.

While at Yale the young man wrote voluminous letters, copious notes on his reading, and kept close accounts of his expenditures. At that time there were two classes at the Law School: the Junior Class and the Senior Class. Levy Mayer prepared himself for law study by corresponding with some members of the faculty. At that time Yale College required a bond to be paid to the President and Fellows of the College, and Levy Mayer’s brother David put forward that bond.

The young man graduated and returned to Chicago in 1877, however he had to wait until he was 21 to be able to practice law, the one time when an age requirement was not waived in his favor. In 1876 school houses were still being used for courts because Chicago had not rebuilt itself after the Fire. Although courts were makeshift, there was plenty of work for lawyers after the Fire. Legal records, tax warrants, deeds, and titles had been burned, and the legal foundation for ownership had to be reestablished. Lawyers from all over the country came to Chicago which was in the middle of a building and economic boom lasting until the 1890’s.

Levy Mayer put his temporary disqualification to good use becoming an Assistant Librarian for the Chicago Law Institute, where City Hall and the Office of the County Recorder was put after the Fire. Lawyers who came to the Law Institute were given access to the Library, a desk, and a temporary room accommodation. Levy Mayer’s job was to take care of the rooms, sweep the floor, and help the lawyers find the legal authorities they needed.

At this job he was paid $4 a week, and he met and worked with everyone with legal business in Chicago. During his three years there he also prepared a catalog of the Law Institute Library and revised two legal treatises, receiving royalties of $0.25 on every copy sold. In two years 2500 copies were sold.

At the time Levy Mayer worked at the Law Institute all of the Reports of the Supreme Court of Illinois numbered only some 75 volumes, and the federal reports were equally inconsiderable. One person could master all of the court reports. In 1876 there were 1025 lawyers in Chicago.

Like Florence Kelley, Levy Mayer wrote for legal magazines and periodicals, getting paid little — $10 or $12 per contribution, but becoming well known as a commentator and authority. In Chicago in the 1880’s and 1890’s the law was an active, busy profession in a society where people built themselves buildings to live and work in, then built them higher, dressed themselves in furs and leather, bought and commissioned paintings, read books, wrote poetry, toasted themselves, fought over politics and economics, traveled and didn’t hesitate to sue.

Levy Mayer organized the Illinois Manufacturers’ Association and spearheaded the fight against the factory inspection law and Florence Kelley and her staff. He was the first Counsel to the organization, and then counsel and friend to the great commercial interests in Chicago. At his death in 1922 he was one of the richest men in Chicago. Later in life he became Philip Armour’s personal attorney and business advisor.

After the Supreme Court of Illinois declared the eight hour provision for women unconstitutional in 1895, Levy Mayer continued to champion the fight against state and federal regulation of business. His masterly application of the law, his long standing relationships with the commercial and professional elites, all contributed to his significant professional and economic successes. Not only did Levy Mayer galvanize the business community into forming the Illinois Manufacturers’ Association to fight the factory inspection law, but he orchestrated the litigation around the state successfully bringing the constitutional challenge to the statute to the Supreme Court of Illinois in Ritchie v. People.

Like Florence Kelley, Levy Mayer’s success was grounded in his intelligence, wit, energy, and in his ability to galvanize and inspire others. He was a founding partner in the law firm of Mayer Brown which carries his name to this day.

next: Maurice T. Moloney

Moloney, Maurice T.

Maurice T. Moloney was born in Kerry county, Ireland on July 26th, 1849. Moloney came to the United States at the young age of 18. When he first arrived in the United States, he did not know what profession he was going to pursue. He eventually decided to pursue a career in law, and attended the University of Virginia Law School. He graduated in 1871 with a Bachelor of Law degree, and was admitted to the Bar in Virginia.

The same year he was admitted to the bar in Virginia, Moloney moved to Ottawa, Illinois, which would become his home for the majority of his life. After being admitted to the Illinois bar he began practicing as a lawyer. Moloney quickly distinguished himself and served as the city attorney of Ottawa from 1879-1881. Shortly after serving as city attorney, Moloney graduated to the next level of civil service in the legal world, and was elected to the state attorney office of Illinois in 1884. He served as a state attorney for four years.

Although Moloney lived in Ottawa, he also kept a law office in Chicago and built up a substantial number of clients at this time. Then in 1892, Moloney was selected by the Democratic State Convention as a potential candidate for State Attorney General. He won this position in the general election. It is during his time as State Attorney General that Moloney was involved in arguing the Ritchie v. People case in 1895. In 1899, Moloney stepped out of the realm of legal public service and into the realm of administrative public service, and was elected Mayor of Ottawa, Illinois. Maurice Moloney died on March 9th, 1917 at the age of 67.

Next: Archives

Sources:

“The Bench and Bar of Illinois”– volume 2 by John M. Palmer (Lewis Pub. Co., 1899).

Mulkey, John H.

John H. Mulkey was born on May 24th, 1824. Born and raised in Monroe County, Kentucky, he chose to stay in Kentucky for most of his schooling. He received his college degree from Bacon College in Harrodsburg, Kentucky. After college he moved to Illinois. When he was twenty-three years old, Mulkey enlisted in the 2nd Illinois Volunteer Infantry in the Mexican American War. He served as a 2nd Lieutenant in the war, and saw a full year of active duty from July of 1847 until the end of the war the following July.

After the war, Mulkey returned home to Illinois, and studied law in Marion, Illinois. He was admitted to the Illinois bar on March 15th, 1856 when he was thirty years old. Mulkey became recognized as one of the best lawyers in Southern Illinois. He would later become known as one of the premier real-estate lawyers in the region. Just five years after being admitted to the bar, Mulkey began serving as a Judge in the court of Common Pleas in Cairo, Illinois. He served in this capacity until 1867. During this time, he also served as a Circuit Court Judge representing the 3rd District from 1864-1854. Mulkey was also able to keep up a substantial private practice of law, which was allowed at the time. This contributed in large part to Mulkey’s accumulation of a substantial fortune in his life time.

In June of 1879, Mulkey was elected to the Illinois Supreme Court. In 1885, when he was fifty years old, he took over the role of Supreme Court Justice from Justice Baker, and served a year at this post. He served a total of nine years on the Supreme Court, and in 1888 at the age of 64, decided not to run for re-election. At this time Mulkey retired to a house in Metropolis, Illinois on the Ohio river. In the last year of his life, Mulkey’s health began to fail. Finally on July 9th, 1905, John H. Mulkey died in his home.

Next: Jesse J. Phillips

Sources:

• Illinois Bar Association (1909): pg 398
• “John H. Mulkey.” http://www.state.il.us/court/supremecourt/justicearchive/Bio_Mulkey.asp.
• Babb, James E. “The Supreme Court of Illinois.” The Green Bag (3): 1898, pg 235-236.

Phillips, Jesse J.

Jesse J. Phillips was born in Montgomery County IL, on May 22, 1837. His parents had been some of Montgomery County’s pioneers after moving from Kentucky. Phillips spent all of his young adult life in Montgomery County, and attended public school there. He received a liberal education at the Hillsboro Academy, and after he graduated in 1857 he decided to pursue a career in law. He studied law at the law offices of Davis and Kingsbury and was admitted into the bar in 1861. He had only practiced law for a year when the outbreak of the Civil War called him to military duty.

In many ways, Phillips later successes in the legal field can be attributed to the popularity he earned during his involvement in the Civil War. When President Lincoln first called for 75,000 troops in the spring of 1961, Phillips helped raise a company of troops and was elected captain. When the 9th Illinois Infantry Regiment was formed, Phillips was elected its major.

For the first three months of service, the 9th regiment mainly had garrison duty. It was then disbanded and reformed. It saw its share of combat, and after a number of particularly bloody battles, became known as “The Bloody Ninth.” Phillips remained Major of the company, but was promoted to Lieutenant Colonel on December 2, 1861. His first battle as Lt. Colonel was an attack on Fort Henry.

Phillips became famous for leading charges on enemy troops on horseback, and on three separate occasions his horse was shot out from under him. He was a powerfully built man, and his thick dark hair, which he wore at shoulders length, would flow behind him as he charged into battle, creating an inspiring image for soldiers. In the battle of Fort Donelson, Philips’ horse was shot out from under him while leading a bayonet charge. In this battle, out of the “Bloody Ninth’s” 600 men, 35 were killed and 160 wounded. After the battle, General Grant publicly acknowledged the bravery of Phillips for leading the charge.

Phillips was also part of the famous battle of Shiloh which took place on April 6, 1862. In this battle the Ninth lost over half of its men. Out of the regiment’s 570 men, 61 were killed and 287 men were wounded. In this battle, Phillips horse was shot three times before falling. Phillips also was shot three times, once through the hand, and twice through the thigh.

In May of 1864, the Ninth was part of an attack against the Confederate Army in Tennessee. In this campaign, at the battle of Resaca, Phillips had his third horse shot-out from under him, and was also shot in the ankle. Although Phillips resigned on September 1, 1864, he was later promoted to Brigadier General for his bravery in battle.

After the war Phillips returned to his home and law practice in Hillsboro, IL. After a successful career as a lawyer, he was elected to be a circuit court judge in 1879, and was re-elected in 1885. In 1890, he was appointed to be a judge of the appellate court in the Fourth District. After the death of Judge Scholfield in the Illinois Supreme Court, Phillips was elected to fill the vacancy in 1893, and was re-elected in 1897. On June 3rd of the same year he was chosen to be Chief Justice of the Illinois Supreme Court by his colleagues on the Supreme Court.

Justice Phillips owed much of his success to the “Soldiers Vote.” His distinction in the war made him extremely popular among veterans. He was an avid Democrat, and ran for State Treasurer unsuccessfully under the Democratic ticket in 1866 and 1888.

On the bench, Phillips was known for his passion and love for argument. Very much a solider at heart, friends said of Phillips that he “loved a good fight.” He was particularly determined about fighting against trusts and monopolies. Phillip’s health was failing for several months prior to his death, and on several occasions the doctors felt like he would die, but he always rallied himself back to relative health. Jesse J. Phillips finally passed away in his home on February 16th, 1901.

Next: John Scholfield

Sources:

• “Jesse J. Phillips Dead.” The Chicago Daily. Feb 16, 1901, p. 1. ProQuest Historical Newspapers Chicago Tribune (1849-1885). Northwestern University, Evanston, IL.
• “Death of Justice Phillips.”Chicago Daily Tribune, Feb. 17, 1901, p. 38. ProQuest Historical Newspapers Chicago Tribune(1849-1885). Northwestern University, Evanston, IL.
• “Justice Phillips Near Death.” Chicago Daily Tribune; Mar. 3, 1900, p. 1. ProQuest Historical Newspapers Chicago Tribune (1849-1885). Northwestern University, Evanston, IL.