The Omaha Sunday Bee
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THE OMAHA S3 CO
Best West
VOL XXXVI--N0.2.
OMAHA, SUNDAY MORNING DECEMBER 16, 1UU6.
SINGU: COPY FIVE CENTS.
JUDGE ELEAZAR WAKELEY NESTOR OF NEBRASKA BAR
Life Work of a Man Who lias Devoted Unusual Talent to the Study of the Science of Law and Its Application at Bar and on Bench for More Than Three Score Years
AOKNTLRNf AN of the old school."
In the 85th year of til ago, dignified, but kind of
hcurt. loving the simple, virtue und scorulug the mod
ern wrniimli' after wealth, Intensely devoted to his pro
fessloti. tho law, his family and his church. Judge
r'.lener Wakeley Is perfet tly il t ribed In tho above words.
UN tnte fur tho law wan largely hereditary, for his father and
fnother were highly gifted Intellectually. During several genera
tion Mi ancestors had lived In New Knglnnd, which s at that
time lh- renter r.f all erudition. Ills father took an active part lu
tli" ffnlM of the country. He was a tin mber of the Brat couslltu
fi fil coiiv nt ion of Wisconsin bihI twice u representative In the
I'HiHint nr. Hp possessed Mrong powers of logic and whs a noted
tlelmter. Judge Wakeley's mother was also a woman of remarkable
in n til I qnnlltlrn. ihe w.is reliited to Jouathan Edwards, the great
rolofilal ptearhnr.
Judge Wakeley wan horn at Homer, Courtland county, New
York, June In, 1822. tie wan the eldest of three eons and had two
IM' in. Soon after he was horn his parents moved to Erie county,
New York, 'there he received the foundation of his education, at
t tiding the llttlu district school and working hard on the farm all
the time he was not in txhool. He showed a tiiste and aptitude for
d'urty M an eiitly .ige In spl'e of the hardships of securing an educa
tion. ArlKlng loig before da) light lu the whiter, heNkould do his
farm work and then wnl'c through the snow to the school house,
where it was his duty to build the lire. Kvcry spare moment was
devoted to study, for, wot king tinder such hardships, the boy knew
how to make the most of his few leisure momenta and he stood at
the head of bis ( Insses. He had a spei ial liking for mathematics.
In I'.lfi his parents tu ned to Klyria. O., where he compluted Uis
eleiie iitnr) eilui a'iort lu the high siiuol.
Began as a Printer
He woiker' in n printing house while living In Klyria. Even
th rv he ,. I,, ; at the sh' ine of wisdom by arising at 4 o'clock
In th" ii.oiniiv' ; id translating Latin authors three hours before
beginning votk for the day. Henry V. Tenney, afterward a proml
tient lawyer l-i Chicago, also worked at the printing olllce and kept
young Vak"l ; company at this strenuous pursuit of learning. His
t hob e of the law as his life work had been made whea, as a boy,
he hud witnessed the trial of an important law suit In Buffalo, N. Y.
He was so Impressed and absorbed by this experience that he firmly
made up his mind then tint the law should be his profession. After
completing his elementary education he read law under Joel Tiffany,
later of New York, a strong trial lawyer and trained orator, and was
vlnutfed to the bar In 184 4. He practiced for a short time In Ohio
in I In 1845 removed with his parents to Whitewater, Wis., where
1 ' at once took a leading part In affairs. He was a representative
..oin Walworth county to the last territorial legislature of Wlscon-
!n and represented the county In the state senate from 1851 to 1855.
Wi.Ile In the territorial legislature he was chairman of the commit
tee appointed to draft the act calling the convention of 1S4H, where
he constitution was adopted under which Wisconsin was admitted
a the union.
Shortly after he had reached the little frontier town of White
water he met his future wife and In 1S54 he married Sarah Sabtna
C linstock, a grandnlece of James Fenlmore Cooper, the novelist, and
a descendant of Lewis Morris, a signer of the Declaration of Inde
pendence. A wild tract of beautiful gTound which Judge Wakeley
purchased was the home of the young couple while they lived In
Wisconsin. He planted trees and created a beautiful country estate,
which Is today known as "Ksterly Place," and, except for the growth
of fifty years. Is as It was planned and laid out by Judge Wakeley.
nut the young couple were not to remain long in Wisconsin. Presi
dent Pierce had heard of the qualities of the young lawyer, and Id
1857, without solicitation on his part, he was appointed associate
Justice of the supreme court for the then newly organized territory
of Nebraska. A long, tedious Journey followed by train to the Missis
sippi, down the river to St. Louis by boat and up the Missouri to
Omaha. The journey took three weeks.
Experiences in New Country
The first two years in the wilderness were spent at the little
settlement of le Soto, which stood between Fort Calhoun and blalr,
but every vestige of which has long ago been wiped out. Tho mos
quitoes and the ague were the principal things which the young
people found to be endured. The judge set to work at once to bring
order out of the legal chaos which theu existed. Hia territory com
prised Washington, Burt, Dakota, Dixon and Cedar counties,
with all the unorganized territory to the north and west. It was,
altogether, mora than 350,000 square miles. lie was reappointed to
the p isitlon by President Buchanan, but in 1S61 he returned to Wis
consin, locating at Madison, the capital, where his brother, C. T.
Waketey, was associated with him and also, for a time, William F.
Vilas, who was later postmaster general under President Cleveland
and 1'ntted States senator from 'Wisconsin. There he wrestled with
such legal giants as Matthew H. Carpenter, George B. Smith, S. U.
Piney, E. O. Ryan, who was later a Justice of the supreme court,
and Judge Spooner, father of Senator John C. Spooner.
But the atmosphere of the west had taken hold of him while he
wm here and he returned to Nebraska again In 1867 with his family.
He began the practice of law and soon built up a large practice in
the new and growing town. He confined his efforts as much as possi
ble to the civil side of his beloved profession, always having an
aversion for any cases of a criminal nature. He has, as much as
possible, declined to be a candidate for political office, with the ex
cptlon of his membership of the constitutional convention of Ne
braska, to which he was elected without opposition In 1871. In 1879
he wa a candidate for Judge of the supreme court, but the political
majority of the opposite party was too much for even his popularity
to overcome. Judge Wakeley has always been a democrat. He took
a leading place at the bar of the state In the early days when the
commonwealth was being moulded and strong men were needed.
H was considered one. of the foremost lawyers of the state and w'as
connected with many Important cases. For seven years he was as
sistant attorney for the Union Pacific railroad with General Attorney
Andrew J. Poppleton. Among the Important law suits with which
he has been connected Is the libel suit brought la 1873 by Governor
David A. Butler against the Omaha Herald. Judge Wakeley de
fen ld la this suit with consummate tact and his cross-examination
of Governor Butler has been celebrated aa a model of that line of
legal work. The Jury disagreed, but the governor dismissed hia
idf a few days after the trial. He was counsel for the state in the
famous p against the bondsmen of Treasurer Hill, being appointed
by Governor Crounse, a republican. As attorney for the Union Pa
cific he was entrusted with many suits of large dimensions, Involving
large amount.
On the District Bench
Ta IS S3 Governor Dawes, a republican, appointed Judge Wakeley
to the district bench on th recommendation of leading citizens of
all partlea. Ia speaking of the appointment, a newspaper said: "We
thana. Governor Dawes in the name of the people of all parties for
aa appointment which Is an honor to the state and to us all." Ia
th fall of the same year he was unanimously re-elected to the dis
trict bench with Judge Neville, a republican, and In 1887 was re
elected lu a content oa a noa-partisaa ticket by 4,700 majority in a
republican district.
The snowa of seventy winters had whitened his hairs when he
asain retired to private life ia 1S91. but the attainment of the three
cor and lea years allotted aa man s time for activity was, no excuse
for the well preserved. Arm-lipped old gen'kmaa to retire upon hia
honors aad live tae remain. ler of hi life in leisure. He still pos
aed a sound mind in a sound body and aaia began active prac
tl Durlag ihe OXteeu je-.ra iuc that time he has maintained
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ELEAZAR WAKELEY.
an office fn the New York Life building, where he Is busy during the regarded the law as a study rather than a business; a science rather
working hours of the day and during many hours when younger than a trade; a vocation rather than an avocation. All through life
lawyers are enjoying themselves elsewhere. Judge Wakeley has It has been hia first love after hia family and his religion. Early
Through Sweden and Norway
MY VISITATION In Sweden and .
Denmark consumed a compara
tively short time, from the 30th
of August to the 11th of Sep
tember, 1906. During this time
I visited the following principal cities In the
order given: Gottenberg, Sweden; Copen
hagen, Denmark, and Malmo, Stockholm and
Upsala, Sweden. On my way to Norway,
however, I spent considerable time In Copen
hagen and Stockholm. Besides these large
places I passed through many small places In
Sweden and came In contact with representa
tives of the smaller towns and villages.
Sweden and Denmark are exceedingly in
teresting countries to visit. With the other
Scandinavian countries, they occupy the
most northern part of Europe and are ac
cordingly In marked contrast with the most
southern countries of Europe. The whole
population are hardy, of light complexion,
blue eyes, Intelligent, Industrious, econom
ical and eelf-respecting, practically no beg
ging. They are Protestant In religion, al
ia of t wholly Evangelical Lutheran.
They make the best use of their lands for
cultivation, their waters for fishing and
transportation and their other limited means
of livelihood are well husbanded in the short
seasons tor labor. In morality and Chris
tian integrity the Scandinavian countries
rank higher than other nations In the world.
The great mystery to me about the Scandi
navian countries is that, with practically one
language, one Protestant church, and noted
as they are for Intelligence, morality, Indus
try and economy, they are bo widely sepa
rated into small kingdoms at a great disad
vantage to each and all of them, instead of
being united as one strong Scandinavian peo
ple for their highest development and de
fense. This, however, will doubtless comi
as a natural result of the greater things In
which they agree. No people come to Amer
ica that are more welcome and appreciated,
as citizens, than the Scandinavians. They
have given the world some of its best men,'
Christian teachers, scientists, artists, pa
triots, etc.
Gottenberg has a population of 130,000
Inhabitants and is said to be the largest
commercial city of Sweden, through which
trade for all parts of Sweden passes. It Is
a well-planned, well-built and well-adapted
city for a trado center. Canals, intersecting
It in every direction, tiHue It resemble Am
sterdam. Holland. Its streets are wide, well
paved and clean. It has many fine public
and private buildings. The Young Men's
Curlatlaa asauciatlea building UVarge and
one of the best In all Europe. The Young
Women's Christian association has also a
building in a very desirable location, but
smaller. Gottenberg is surrounded by hills
that stand for protection and for beauty also,
as they are covered with trees and a rich
foliage. One of these hills is enclosed In the
chief park, and from its summit all parts of
the city can be plainly seen. The museum
is a fine and extensive one. Over one of its
main stairways is a most striking picture
Gustavus Adolphus, hia officers and hia
whole army in the attitude of prayer before
the battle of Lutzen, in which he lost his life,
but gained a great victory for all mankind.
In the words of another, let me say of Got
tenberg: "Its close vicinity to the sea, 1U
capital harbor and perfect means of commu
nication with all other parts of the Scandi
navian peninsula and the continent through
the capital of Denmark, make the position
unique, not only as a commercial center, but
as the headquarters and starting point for
tourists wishing to explore the far-famed
charms of the north."
Copenhagen, the capital, and a very large
part of Denmark, has a population of 500,
000 inhabitants. It has many well paved
and well kept streets, besides large, open
plazas, promenades and parks. It has many
large and artfully and artistically con
structed buildings, public and private. A
large number of splendid churches, among
which are, first, the noted Frue church, a
very large and old one in which are the far
famed marble statues of Christ and His
apostles, Including Paul, by Thorwaldseu,
the great Scandinavian sculptor; and, sec
ond, the very beautiful marble church near
the royal palaces an old church, but re
built and richly adorned by a wealthy
brewer. Of Its many public Institutions the
Thorwaldsen museum and another museum
are very noteworthy; the former because of
the name It bears (Thorwaldsen, the cele
brated sculptor,) and its contents including
many of Thorwaldsen's own works; the
latter because of the splendid building, the
best lighted and best arranged contents of
endless varieties. This latter museum was
also built by a wealthy brewer, I am told,
who is adding to it and spends much of his
time in it.
There Is so much of Copenhagen that I
cannot do justice to It In a letter. In the
words of another, let me say of It: "Copen
hagen, the capital of Denmark, is the largest
and most Important of all the capitals of the
north and has repeatedly been chosen as the
m'lBg ylace of the prlaclyal sovereigns of
Europe. The surroundings of Copenhagen
are very charming and offer almost un
paralleled opportunities for drives, yachting,
cycling and pedestrian excursions. A glance
at the map shows its central position as a
link between the surrounding countries of
the north and south, of the east and the
west, of Europe."
Malmo, Sweden, Just across the strait, or
sound, from Copenhagen, Is a most attrac
tive and fast-growing manufacturing city.
It has just recently taken a very rapid stride
forward In the establishment of manufactur
ing plants, which has increased the value of
building lands many fold, and is yet on the
rise.
Stockholm, the capital of Sweden, and
the residence of the king, has a population
of 310,000 Inhabitants aud ia a most at
tractive and beautiful city in many respects;
its streets, boulevards, promenades and
parks, its many canals and picturesque
waterways, and Its very many public nnd
private buildings, including the royal palace,
an Immense structure, almost covering the
ialand on which it stands.
There are many old and noted churches.
Of these I will mention, first, the Klara
church, one of the oldest, in a district of the
city called, from the church, Klara; It has
the highest tower and Is now undergoing
repairs. Second, the Rlddarholma church,
an old church in which are the monuments
of Swedish kings and other distinguished
persons. " Prominent among these is the
tomb of Gustavus Adolphus. Third, iu the
same quarter of the city is another old
church. Before It stands the statue of
Olavus Petri, who lived from 1483 to 1552.
As a young student he went from Stockholm
to Wittenberg, Germany, to attend lectures
under Luther, then returned and preached
the new doctrines In Stockholm. Now not
only Stockholm, but all Sweden is permeated
with these doctrines. The Y'oung Men's
Christian association building has a very de
itrable location, but only a part of the pro
posed building Is erected. It Is modern, art
fully constructed, convenient and well
adapted to the work of the association.
When the whole building Is completed It
will be one of the best in the world for the
work of the association.
The situation of Stockholm Is very pic
turesque, surrounded by water and built on
several Islands. The increasing prosperity
may be eeen from the many magnificent
architectural Btructures erected every year.
Stockholm has often been compared to
(Continued oa Faj Two.l
and late he has pored over hi volumes with tho absorbing Interest
luoro common to tho scientist or the luventor than to tho follower
of the more or less "cut and dried" law.
Foremost iu his mental equipment as a luwjer is his wonderful
faculty of analyzing aud reducing to elemental simplicity the legal
propositions tylUtj at tho bottom of a case, to eliminate all unim
portant facts or legal cobwebs and thou to present his points with
the greatest clearness of stutemuut and cogency of rcamm. Having
selected his battleground ufter a cureful study of his case, he Is most
tenacious of his proposition and tights to the end. On this proposi
tion, u newspaper of thirty years uo said: "Hi is a clear-headed,
'mi at-ax' lawyer, ready at all points to meet his adversary, thorough,
well read." His power of concentration and ublllty to fix his whol
mind and thought on tho case in hand Is one of his remarkablo
characteristics. So, also, Is the ceaseless and Indefatigable energy
which has marked his sixty years of work nt the bar and on tho
bench. Never has ho undervalued the ability or tho vigilance of
his opponent; never baa he takeu anything for granted.
With these attainments ho has carried with hlni to the bench and
bar a silent but powerful factor, namely, tho impress of an unim
peachable character nnd integrity, recognized by all men of all
classes. He Is absolutely honest. He is generuus hearted and baa
ever been ready to do anything iu his power to help a friend.
Thoroughness His Characteristic
His extreme deliberation and thoroughness in examining a prob
lem from all sides are pi ovt rblal at the bar. When on the bench he
delivered his decisions at length, but with a thoroughness that gave
them weight. Sometimes this deliberation afforded foundation for
good-humored joking. At one time, it la related, a young man ap
plied to the ilrstrict. court for admission to the bar. Ho had passed
hia examinations with credit and his references were of the beat
Hut he lacked a few days of beins the required 21 years of age.
Judge Wakeley announced his decision iu regard to the matter with
his uniial deliberation and rend a number of cases as precedent.
Several lawyers were present. After a time one of them drew a
sigh and whispered to the young applicant that he should not have
any fear, because he would have attained tho legal ago by the time
the judge had announw-d his decision.
A living refutation of tho Osier theory Is Judge Wakeley. He
has remained perennially young aud Is today a vigorous aud health
ful man, in his office from 9 or 10 o'clock each morning until 5 or
6 o'clock in the afternoon. He thinks no moro of running half way
across the continent for a few days than does a man half hia age.
Only las, week he appeared before the United States court of appeals
In St. Louis and argued an important law suit Involving the title
to a largo tract of land In Topeka, Kan. He frequently appears be
fore the supreme court of this btate, where his arguments command
close attention.
Outside of hia profession his chlefest joys are found In the home
life of his family and in the society of his friends. He has lived in
hia comfortable home nt Nineteenth and California streets since
1868. There he ia a familiar figure cultivating the garden, pruning
trees and shrubs and superintending the work on hia lawn. In the
summer he arises early and devotes two or three hours to this work
before going to hia office for tho day.
His Rich Humor
Tho French say that no man can be truly great who lacks the
eenso of humor. Judge Wakeley possesses this sense in a degree
which would never be suspected from a look at his dignified and
studious face. A letter which ho wrote to G. W. Ambrose, a brother
attorney, In 1875 ia a masterpiece of quiet humor. He borrowed a
book from Ambrose and, after the lapse of four months, the latter
wrote him a brief note, calling attention to the time he had had it
aud asking that he return the volume If he was through with it.
Ju'lge Wakeley replied as follows:
Dear Ambrose: I herewith comply under protest with your un
timely request that I shall return your book.
Y'ou remark that you have held my receipt for it some four
months. This Is probably true. But if you will read the statute
of limitations of Nebraska you will observe that it does not bar any
claim, under any written instrument, until the lapse of five years,
leaving you about four years and eight months still to reclaim your
book. Why, then, this undue precipitancy?
Will you permit me, as a searcher after legal knowledge, respect
fully to Inquire If you can refer me to any respectable authority
requiring the borrower of a law book to return it within four
months? I have read a large number of cases in my time and I do
not remember one In which such a proposition la advanced, although,
there may bo an occasional dl-tum to the effect that the borrower
is under a moral obligation to return the book as soon as he be
comes able to buy one for himself.
Considered upon principle and without reference to authority how
would the proposition stand? Is it reasonable to suppose that a man
engaged In a somewhat active practice can find time In four months
to read through all the books he borrows, besides perusing the
daily papers, answering dunning letters and keeping up with the
beecher-Tilton literature? That case, you will remember, was going
on for some two months after I got your volume.
You remark that you often wish to consult the book. I highly
commend that resolution. You would certainly find it beneficial to
occasionally read some law, and, if you 6houid become accustomed
to it, you will find It comparatively easy; only, don't overdo It at
first.
The only thing I object to In that paragraph la an Implication
that I would not allow you to consult the oook at my office. Thii ,
ia unjust. I have never refused the owner of a book that privilege,'
even when It haa occasioned inconvenience to myself.
In conclusion, permit me to suggest that. If you really cannot
ufford to keep law hooka for other practitioners to use, it would be
a philanthropic thing for you to sell them to some one who can.
Gratefully yours, B. WAKELEY.
Ho Is brilliant at repartee, as those can attest who have been
associated with him as a lawyer or practiced before him when he was
on the bench.
He la a man'of unobtrusive but deep moral and rellgtoua con
viction. He has been a regular attendant at Trinity Episcopal church
of this city for thlrty-ntne years, during moat of which time he hat
served as a vestryman or a warden. He has carried his religion into
his home and into his business, always unobtrusive, but firm In hia
faith.
Wife and Family
To his wife Judso Wakeley ascribes much credit for his success.
For more than fifty years they have lived together. In May, 1904,
surrounded by their children and friends at the old homestead on
Nineteenth and California streets, the couple celebrated their golden
wedding anniversary. Mrs. Wakeley haa always been active In
charitable and philanthropic work in Omaha, and no woman is more
Interested than she in current events and the progress of the world.
Judge Wakeley's household consists of himself, Mrs. Wakeley and
their daughter, Miss Nellie Wakeley. Three children have married,
another lives in California, and one, William C Wakeley, died In
1884 while city clerk of Omaha.
Two of the married children live In Omaha. Arthur C. Wakeley
has been a prominent attorney of this city for a number of years.
Lucius N. Wakeley is general passenger agent for all the, Burlington
lines west of the Missouri and has headquarters In Omaha. Bird
C. Wakeley Is a newspaper correspondent and stenographer In Los
Angeles. Mrs. Charles E. Craln, who was Miss Emily Wakeley, lives
In Springfield. O.
Judge Wakeley has occupied the distinguished position of nestor
of the Omaha bar for many years. For several decades he has been
the oldest lawyer In the city. Hut his interest in Uis life work haa
never lagged for an Instant. Today he Is us keenly alive to all that
goea on aa anyone. He has made It a rule to attend tho annual ban
quets of tho State' liar association, where the toast I.) which he re
sponds is regarded as the principal ftature of the occasion. During
the last few years he has attended meetings of the National Bvr
bSQclaUou lu Dt-uter, Buffalo, St. faul and Saratoga Sprlogv