CHAPTER XII
LEGAL AND MEDICAL HISTORYBEGINNING OF MEDICAL SCIENCE--HOME REMEDIES—THE PIONEER DOCTOR—EARLY PHYSICIANS IN WORTH COUNTY THE BENCH AND BAR--TERRITORIAL COURTS— DISTRICT COURT—CIRCUIT COURT--THE BAR--EARLY LAWYERS--THE PRESENT BAR.
In an elementary form at least the practice of medicine is almost as old as the human race. When the first man was afflicted by some bodily ailment, he sought among the plants for one that would relieve his suffering. If a remedy was found the information was imparted to a neighbor and perhaps a supply of the plant was garnered for future use. Other plants were added as they were discovered and thus, step by step, a pharmacopoeia was built up and the practice of medicine developed into a science.
A Chinese tradition says that the practice of medicine was introduced in that country by the Emperor Hwang-ti in the year 2887 B. C. In India the practice of medicine is very ancient, the physicians coming from the upper caste, and demonology played a conspicuous part in their diagnoses and treatment of diseases. Among the ancient Egyptians there were specialists as early as 1600 B. C. The Hebrews originally held to the theory that disease was a punishment for sin, but after the two captivities they had their regular practicing physicians and surgeons. Aesculapius was the god of health in ancient Greece, and Galen, the Greek, taught medical classes in Rome soon after the beginning of the Christian Era. He was the first physician to lay special stress upon the study of anatomy as an essential part of the physician's professional education. Hippocrates, another Greek, who lived from 460 to 377 B. C., has been called the Father of Medicine. He required his pupils to take an oath in the name of "Apollo, the physician, Aesculapius, Hygeia, Panacea, and all the gods and goddesses; to reckon him who teaches me this art equally with my parents; to look upon his offspring as my brothers; to share with him my substance and to relieve his necessities if required; to pass my life and practice my art with purity and holiness; and whatsoever in connection with my professional practice—or not in connection with it—I may see or hear, that I will not divulge, holding that all such things should be kept secret."
There was a revival of the Hippocratic oath among the doctors of the Middle Ages, and in more modern times a few medical schools required a similar obligation of their alumni. Some of the principles laid down in the oath of Hippocrates form the basis of the professional code of ethics among the physicians of the present day. It was not until the year 1315 A. D. that a systematic study of human anatomy by dissection was commenced by an Italian physician named Mondino. When the populace learned that Doctor Mondino was actually cutting up the dead body of a human being he was compelled to apply to the authorities for protection against the mob, and Hart says "that protection was granted somewhat reluctantly." Yet by a careful study of the intricate mechanism of the human body through the medium of dissection the science of surgery has been developed. This incident is only one of many the profession has had to encounter when science has come in conflict with the preconceived notions of the conservative multitude. When Doctor Harvey announced his discovery of the circulation of the blood, and declared the passage of the blood through the arteries and veins of the body to be the source of life and health, he was scoffed at by the ignorant. Some priests even went so far as to charge him with blasphemy, asserting that man was kept alive "by the grace of God." Voltaire, the famous French author, defined a physician as a "man who crams drugs of which he knows little into a body of which he knows less." That may possibly have been true of a certain class of French empirics at the time it was written, but since then the medical profession has made almost marvelous progress and through the intelligent and concerted action of the physicians themselves, the practice has been elevated to a higher plane.
Modern medical progress dates from the closing years of the Sixteenth Cent ury. Soon after the University of Edinburgh, Scotland, was established, in 1582, a medical department was added. In 1765 Dr. John Morgan and Dr. William Shippen, of Philadelphia, opened a medical school that afterward became the medical department of the College of Philadelphia. That was the first medical school in what is now the United States. At the present time nearly every state university has its medical department, and there is not a large city in the land in which there are not one or more medical colleges. With this wonderful increase in the facilities for obtaining a medical education, it is not surprising that the profession has made great strides within the memory of persons yet living, or that the physician of the present day is, with rare exceptions, a man entitled to the honor and respect of the community, both for his professional ability and his standing as a citizen.
HOME REMEDIES In the early settlements of the Middle West the pioneer followed the example of his primitive ancestor and was his own physician. Each family kept on hand a stock of roots, barks and herbs to "make medicine" and all common ailments were treated by the administration of home-made remedies. Old settlers of Worth County can doubtless recall the boneset tea, the burdock bitters, the decoctions of wild cherry bark, or the poultices and plasters that were prepared. There were two potent reasons for the use of home-made medicines. First, the physician was frequently miles away, and second, very few of the early settlers had much money and therefore could not afford to employ a physician except when it became absolutely necessary.
THE PIONEER DOCTOR No addition to the population of a frontier settlement was more welcome than the physician. Yet the life of the pioneer doctor was no sinecure. Money was a rare article and his fees, if he collected any at all, were many times paid in such produce as the pioneer farmers could spare and the doctors could use. The old-time doctor was not always a graduate of a medical college. In a majority of cases his professional education had been obtained by "reading for a year or two with some older physician and assisting his preceptor in practice." In the professional and technical knowledge of his profession the pioneer doctor was limited; his stock of drugs, medicines, surgical instruments and appliances was equally limited. A generous supply of calomel, some jalap, aloes, Dover's powder, castor oil and a few other substances constituted his principal stock in trade. Sulphate of quinine was rare and was too expensive to be used indiscriminately, so in cases of malaria the doctors relied upon heroic doses of Peruvian bark. In cases of fever the orthodox treatment was to relieve the patient of a quantity of blood, believing thereby that the tenement of the demon disease would be destroyed. Permit a pioneer woman to state her views: "Of the pests we endured there were three in particular—the 'shakes,' the Indians and the doctors." Duncan, in his "Reminiscences of the Medical Profession," says that "the first requisite was a generous supply of English calomel. To this were added jalap, aloes, Dover's Powder, castor oil and Peruvian bark. If a cruel cathartic, followed by blood-letting and a fly-blister, did not improve the condition of the patient, the doctor would look wise and trust to the sick man's rugged constitution to pull him through."
The old-fashioned doctor must be commended, even if his methods were crude. In the face of biting winds, chilling rains, in the darkest hours of the night, crossing sloughs and pushing his way across the trackless prairie, the doctor made his visits. His method of locomotion was almost entirely by horseback, with a lantern to light the way. His pill-bags, consisting of two leather boxes joined by a strap, were slung over the saddle. But even as his art would be considered primeval and practically useless today, just so much did his labors and sacrifices pave the way for all the splendid wonders of the profession now; without him they could not have been created.
EARLY PHYSICIANS IN WORTH COUNTY The first physician in Worth County was Dr. James Keeler. He came to the county in July, 1856, and located at Bristol. He liked the country here and in September brought his family. . Doctor Keeler was a native of Connecticut and began reading medicine at seventeen years of age. Prior to his coming to Worth County he had lived at Cedar Falls and in Bremer County, Iowa. He was the first county judge in Worth and was also county superintendent of schools for three terms.
Dr. D. D. Franklin was the first doctor in the eastern part of the county near Northwood. He was a cabinet maker in his early days, but after his marriage he studied medicine and became a very successful practitioner. He came to Worth County in 1857. For a time he was postmaster at Northwood. In 1861 he grew dissatisfied and returned to his home at Fredonia, N. Y.
Dr. T. J. Hunt was the first homeopathic physician to come to Worth County. He located at Northwood in 1862. He left Northwood for Marysville, Mo., in May, 1878, leaving his practice to his erstwhile partner, Doctor More. Dr. E. Young came to Northwood in 1900 and succeeded to More's practice, but in 1915 he removed to Dubuque, selling his practice to Doctor Yoder, who had just come in.
Doctor Loop also located in Northwood in 1866 or 1867. He had been an army surgeon. After eighteen months he retired from the field. Dr. N. L. Kean came to Northwood in June, 1871, and began practicing. On July 20, 1892, Dr. L. G. Hewitt came to Northwood and purchased the practice of Doctor Kean, who then left the city.
Dr. J. C. Michener next came to Northwood during the summer of 1871. Doctor McNenamy located in Northwood in May, 1875, coming from Winneshiek County, Iowa. A year later he removed to Austin, Minn. Dr. D. S. More, mentioned above, located at Northwood in the spring of 1876 and practiced until 1900, when he sold out to Doctor Young. Doctor More was at one time in partnership with Dr. T. J. Hunt for about two years. Doctor Nelson located here in 1876. He left, however, in six months. Dr. W. T. Boughton came to Northwood to engage in his profession in November, 1877. He was a graduate of a medical college in Tennessee. He remained until 1880. Dr. Christian Sether located here in 1878, but stayed only two years. Dr. C. H. Maxwell practiced for a short time in Northwood, then moved to Colorado in 1883. Dr. N. E. Nelson moved to Northwood in February, 1883, but stayed only a brief time.
Dr. C. A. Hurd, graduate of the Iowa State University medical department, began the practice of his profession in Northwood in 1889 and is still active in the medical field of Worth County. Dr. E. H. Dwelle studied at the State University medical school and the medical department of Northwestern University of Chicago, graduating from the latter school in the summer of 1899. After acting as house surgeon in the Mercy Hospital, Chicago, he came to Northwood in December, 1900, and opened an office. From 1900 until 1902 he practiced in partnership with Doctor Hurd. Dr. C. W. Sanders first came to the town of Manly and began medical work, but in recent years located at Northwood.
Dr. W. W. Meyer was a young doctor who came to Kensett in the summer of 1877. He died the same year while visiting relatives at Hampton, Ia. Dr. N. T. Wetmore located at Kensett in 1879. Dr. J. R. Jones was an early and prominent practitioner at Fertile. Dr. H. B. Graeser for many years practiced successfully at Kensett, but recently moved to California. H. H. Ireland purchased Graeser's practice, but left the town in 1917. Although the town of Joice has no regular physician at the present time, quite a number of doctors have made that their home. Dr. E. N. Osnes practiced there until 1917, then removed to another field. Drs. J. K. Guthrie, H. E. Nelson, C. J. Sharp and L. J. Hauge were others who practiced medicine in Joice. In Hanlontown there have been Drs. George B. Cross, E. J. Soles, A. W. Hanson and C. F. Osborne. Fertile has had Dr. A. J. Peterson and N. W. Phillips. Drs. E. A. Hofer, E. B. Bradley and S. M. Mann have resided in Grafton. Dr. Hofer left in 1916. Other doctors who have practiced in Northwood were: G. G. Belsheim, T. M. Stixrud, J. H. Kern and J. H. Darey.
The first medical society in Worth County was organized January 23, 1900. This was disbanded and a new society organized December 1, 1903, in affiliation with the state society and the American Medical Association. The present members of the county society are: C. W. Sanders, C. A. Kurd, L. G. Hewitt, R. B. Yoder and E. H. Dwelle, Northwood; S. S. and G. S. Westley, C. W. Powell, Manly; N. O. Dalaiger, Fertile; and A. H. Chilson, Grafton.
THE BENCH AND BAR Civil law made its appearance as soon as men began to realize that they were dependent upon each other, and that some system of rules was necessary for the protection of person and property—rules that would promote the general interest without trampling upon the rights of the individual. The legislator and lawyer therefore made their first appearance with the very dawn of civilization, Of the history of law little can be said within a work of this scope1; many and compendious volumes have been written upon the subject without exhausting it. Law itself, however, had its beginning in tribal customs, the shaping of the individual's course of action for the benefit and safety of the community. In that most archaic of countries—China, there were definitely propounded laws before Justinian wrote. American law, as understood at present, is largely based upon the Roman and English statutes, with lesser statutes compatible with the needs of each state, county and city. "To establish justice" was written into the Federal Constitution by the founders of the American Republic as one of the primary and paramount purposes of government. To establish courts through which the safety of person and the rights of property shall' alike be safely guarded. The founders of the republic also showed their wisdom in separating the functions of government into three departments—the legislative, the executive and the judicial—the first to enact, the second to enforce and the third to interpret the nation's laws. States have copied this 'system and in every state there is a Legislaiure to pass laws, a supreme and subordinate courts to interpret them and a governor as the chief executive officer to see that they are fairly and impartially enforced.
TERRITORIAL COURTS When the Territory of Iowa was organized in 1838, Charles Mason, who lived in Burlington, Ia., was appointed chief justice; Joseph Williams, of Pennsylvania, and Thomas S. Wilson, of Dubuque, associate justices. Upon these three men devolved the duty of holding court at such places as their presence might be required, anywhere in the entire territory. It would be an arduous task for three judges to attempt to hold court and settle all the disputes in Iowa now, but in 1838 there were only a few settlements along the eastern border. All three of these judges continued on the bench until Iowa was admitted into the Union in 1846. Judge Mason was the first chief justice of the state Supreme Court until he resigned in June, 1847, when he was succeeded by Judge Williams.
DISTRICT COURT The first term of the District Court in Worth County was held at the Town of Bristol, then the county seat, September 27, 1859. There were present then the following : John Porter, judge; B. K. Walker, clerk of the court ; and L. B. Turnure, sheriff. John Porter was then judge of the Eleventh Judicial District. He was born in Washington County, Pennsylvania, April 14, 1828, and passed his boyhood there, working on a farm or in a mill during the summer months and attending the public schools in the winter seasons. At the age of eighteen years he began teaching in the common schools and followed this vocation for about three years. He then entered the law office of Todd, Hoffman & Hutchrns, of Warren, O., where he studied for several years and in 1854 was admitted to the bar. The same year he located at Plymouth, Ind., and practiced there for two years, when he came to Iowa, first locating at Mason City, but later removing to Eldora. In 1858 he was elected judge of the Eleventh Judicial District and remained on the bench until 1866, when he resigned to engage in the practice of his profession.
At the first term of court in Worth County there was very little business, consisting solely of the naturalization of several foreign residents. The first case upon the docket of the court bears the date of May 31, 1860, when the court met in regular, session, and is entitled : "The State of Iowa vs. Nathan Swain, assault and battery." The case was dismissed. There were eight cases brought before the court at this term.
In 1864 the Twelfth Judicial District was created, consisting of the counties, of Bremer, Butler, Cerro Gordo, Floyd, Hancock, Mitchell, Winnebago and Worth. William B. Fairfield was elected the first judge of this district and began his duties on January 1, 1865.
Judge Fairfield was a native of New York, where he was educated, studied law and was admitted to the bar. At the time of his election to the bench he was practicing law at Charles City, the county seat of Floyd County. He is remembered by old attorneys as a man of commanding appearance, well educated, thoroughly versed in the law, but one who liked "to take things easy," He lacked much of that reserve which so often distinguishes judges. In 1870 he resigned his position on the bench and engaged in the banking business at Charles City, in which he continued until his death some years later.
George W. Ruddick, of Bremer County, succeeded Judge Fairfield. He was born in Sullivan County, New York, May 13, 1835. His early education was acquired in the common schools of his native county, but at the age of fourteen years he entered an academy at Chester, Ohio, where he studied for one year. He then read law with A. C. Niven, of Monticello, Ohio, and in April, 1856, graduated at the Albany Law School. Upon receiving his diploma from that institution he was admitted to practice in the courts of New York, but decided to try his fortunes in the West. In July, 1856, he located at Waverly, Iowa, and quickly established himself in practice. The Circuit Court was established by the Legislature of 1868 and in the fall of that year Mr. Ruddick was elected one of the circuit judges. When Judge Fairfield resigned in 1870 Judge Ruddick was appointed to the vacancy by Governor Merrill and continued to serve as district judge until 1892.
Porter W. Burr, of Floyd County, succeeded Judge Ruddick and began his official term in January, 1893. He was a good lawyer before going upon the bench and made a capable judge, but he declined a second term, preferring to engage in private practice. In 1897 he was succeeded by Jefferson F. Clyde, of Mitchell County. That Judge Clyde was a good judge is evidenced by the fact that he was re-elected in 1900, 1904 and 1908, serving four full terms of four years each. His successor, Millard F. Edwards, of Butler County, was elected in November, 1912.
As there have been two judges in the Twelfth Judicial District since 1886, a word of explanation as to how this was brought about may not be amiss. The Constitution of 1857, Article V, Section 1, provides that: "The judicial power shall be vested in a Supreme Court, District Court and such other courts, inferior to the Supreme Court, as the General Assembly may, from time to time, establish."Under this authority the Legislature of 1868 created a tribunal known as the
CIRCUIT COURT The act establishing the Circuit Court provided that the State of Iowa should be divided into two districts, or rather, circuits. Harvey N. Brockway, of Hancock County, and George W. Ruddick, of Bremer County, were the circuit judges whose jurisdiction extended over the Twelfth Judicial District. In 1870 Judge Ruddick was appointed district judge, as already stated, and Robert G. Reiniger, of Floyd County, succeeded him upon the circuit bench. When Judge Brockway's term expired in 1872 no successor was elected, the circuit after that time having but one judge. In 1884 John B. Cleland was elected to succeed Judge Reiniger. His home was at Osage, Mitchell County, where he had been engaged for several years in the practice of law before his elevation to the bench. He served until the circuit court was abolished by an act of the Legislature.
At the general election of November 4, 1884, the people of the state ratified the following Constitutional amendment relating to the judicial department of the state: "At any regular session of the General Assembly, the state may be divided into the necessary judicial districts for District Court purposes, or the said districts may be reorganized and the number of districts and the judges of said courts increased or diminished; but no reorganization of the districts or diminution of the judges shall have the effect of removing a judge from office."
Pursuant to the authority conferred by this amendment, the Legislature passed the act abolishing the Circuit Court, which act was approved by Governor Larrabee on April 10, 1886. That act also divided the state into eighteen judicial districts and provided for two judges in the Twelfth District, which included Worth County. Judge Cleland, who was then circuit judge, was appointed as the second judge in the Twelfth District and served until the general election of 1888, when John C. Sherwin was elected as his successor. Judge Sherwin was a resident of Mason City, Cerro Gordo County, and was a man of exceptional ability. He served as district judge until November 7, 1899, when he was elected one of the judges of the Iowa Supreme Court and was succeeded as district judge by Clifford P. Smith, of Cerro Gordo County. Judge Smith was in turn succeeded in 1908 by Joseph J. Clark, of Mason City, who was re-elected in 1912 and again in 1916.
A third judge was added to the Twelfth District by the act of 1898. Charles H. Kelley, of Charles City, Floyd County, was elected to the office, which he has held continuously by re-election since that time. At the beginning of the year 1918 the judges of the District Court for this district were: Charles H. Kelley, Millard F. Edwards and Joseph J. Clark.
The law is a jealous, profession. It demands of the judge on the bench and the attorney at the bar alike a knowledge of the law, a respect for the rights of the litigants, and a conscientious effort to interpret rightly the laws of the land. Within recent years the courts have come in for some severe criticisms because of what seems to have been needless delays, and a great deal has been said in the public press about "judicial reform." The lawyer has been made the butt of ridicule by some of the great novelists, but it should be borne in mind that many of the really great men in our national history were lawyers. John Marshall, one of the early chief justices of the United States Supreme Court, was a man whose memory is revered by the American people and his opinions are still quoted with confidence by members of his profession. Thomas Jefferson, Robert R. Livingston and James Monroe, who negotiated the Louisiana Purchase and gave to their country an empire in extent, were lawyers. Daniel Webster, Henry Clay, Thomas H. Benton, Salmon P. Chase, Thomas M. Cooley, Stephen A. Douglas and a host of other eminent Americans wrote their names on the pages of history through their knowledge of the laws. Their loyalty, patriotism and -love of justice cannot be questioned. And last, but not least, stands the name of Abraham Lincoln, self-educated and self reliant, whose consummate tact and statesmanship saved the Union from disruption.
While Worth County has never produced a lawyer whose fame has startled the nation, the members of the local bar have always been equal to the task of handling the litigation that has come before the District Court. In the early history of the county there were not many cases in the courts and the early lawyers frequently engaged in some other line of business in connection with their professional practice. A majority of them were politicians and were occasionally called upon to serve the public in some office, the salary of which helped them to tide over the bare spaces in their legal practice.
The first prosecuting attorney in the county was Amos Bentley, though it is doubtful if he ever was a member of the legal profession. J. U. Perry, probably the first lawyer in the county, was admitted to the bar June 6, 1862.
L. S. Butler commenced business in Worth County in September, 1869, starting in partnership with Edwin Collin, under the firm name of Collin & Butler. After a few months the firm was dissolved and each of the former partners continued a private practice. In October, 1872, Mr. Butler took into partnership William P. Clark, a brother-in-law. The firm of Butler & Clark existed until 1874, when E. W. Smith purchased the interest of Mr. Clark and the firm was changed to Butler & Smith, which arrangement continued until June, 1875, when W. E. Pickering was admitted to the partnership. In July, 1877, Smith & Pickering retired from the firm and L. S. Butler was joined by his brother, D. M. Butler. The latter retired from the firm in August, 1879, and in October L. S. Butler took in partnership A. I. Smith. In March, 1881, Smith left the firm.
John D. Watson, an attorney, also located at Northwood during the year 1872. He did not stay long, but removed to Delaware County. About the same time C. J. Leslie opened a law office in Northwood, but lack of business soon caused him to move away. A. Elliott, a graduate of the Iowa State University, located at Northwood during the fall of 1875. His law business was not of great quantity and for a time he conducted a livery stable with Doctor McNenamy. This also proved a business failure, so Elliott left for other fields. In 1876 P. O. Noben started in practice in Northwood, but after several months experience left the county. O. D. Eno, one of the first proprietors of the Worth County Index, also practiced law to some extent during the early days. W. T. Hartley, Edwin Collin and William Young were other prominent lawyers of the day. W. E. Lamb, for many years a prominent attorney at Northwood, moved to Chicago in 1901, where he is now a member of the firm of Cassaday, Butler, Lamb & Foster. Rush Butler of this firm is the son of L. S. Butler, mentioned before.
The pioneer of the legal profession in the county is Edwin Collin, who now resides in Northwood, but practices in a limited way. He is a native of New York, a graduate of Cornell College in 1864, and first a civil engineer by profession. On account of ill health he went to Europe when a young man and during his stay there accepted a position with the American Consulate at Genoa, Italy, later being appointed vice consul at St. Gall, Switzerland, where he stayed two years. He returned to the United States in 1868 and entered the law department of the Iowa State University, graduating in 1869. He immediately came to Northwood and began the active practice of his new profession. His first partnership was with L. S. Butler, which lasted a few months, and then he practiced alone until 1881. He then joined with C. A. M. Spencer and this firm did business for two years. In 1888 Mr. Collin went into partnership with Frank Forbes and this lasted for fifteen years, since which time Mr. Collin practiced alone.
Frank Forbes, a native of Massachusetts, first settled with his parents in Mitchell County, and at the age of seventeen took up the work of teaching. While engaged in this work he began the study of law in the office of Brown & Wright at Osage. In 1883 he was admitted to the bat and opened an office in St. Ansgar, where he practiced for three years. In 1888 he came to Northwoodand became a member of the firm of Collin & Forbes. After the dissolution of this firm he practiced alone and is still engaged in this work.
Edwin M. Sabin, born in Nova Scotia, came to Wisconsin with his parents when a youth. In 1894 he graduated from the Hayward High School and later passed a competitive examination for West Point, but declined the appointment. For a time he taught in Sheboygan, Wisconsin, schools, and then went to Washington, D. C., to work in the census bureau, also in the bureau of pensions. In 1903 he graduated from the Columbian Law School and in November, 1904, came to Northwood, here entering into partnership with A. L. Thompson.
A. L. Thompson is a native of Worth County. He attended the public schools of Northwood, the Iowa Business College at Des Moines, and for a time was deputy treasurer of the county. Afterward he took a position in the government service at Washington and while there attended the Columbian Law School, graduating in 1903. In the summer of 1904 he returned to Northwood and opened a law office. Mr. Thompson is now practicing in the State of Wisconsin.
M. H. Kepler, an Iowan by birth, graduated from Western College at Toledo, Ia., and in 1894 began the study of law at the Iowa State University. In 1896 he graduated and then opened a law office at Toledo, Ia., remaining for two years.
In the spring of 1898 he came to Northwood and in 1903 joined with W. A. Westfall in the practice of law.
W. A. Willing first studied law in New York and completed his course in the Iowa .State University in 1897. In the following year he was admitted to the bar and during the same summer purchased an interest in the law firm of Lamb & Gilmore. The firm became known as Butler, Lamb & Willing. One year later Mr. Butler retired and the firm was conducted as Lamb & Willing until 1901, when Lamb sold his interest to Mr. Willing, who then practiced alone. In 1908 he gave up the law work and became field manager for the Iowa Equitable Insurance Company.Source: History of Mitchell and Worth Counties, Iowa, Vol. I, 1918, pages 396-405.
Transcription by Gordon Felland, 12/27/2008