testified, and the case was being submitted to the court, he went on to state that according to the summum bonum he found the fellow was guilty. He had been tried under the summum bonum, and the old squire nodded his head. The testimony really showed the fellow was guilty, had stolen the sheep. When he got through, Jones got up and said: "I agree with my friend according to the summum bonum he would be guilty of stealing that sheep, but," he says, "those days are all past, we are not living under the days of summum bonum; why, if you will look up, my dear sir, and look upon the flag of our country, you will see written the words, 'E pluribus unum,' and my client comes and asks the court to be tried, and to be tried under that flag of his country, and according to the doctrine of e pluribus unum, and according to that doctrine he is not guilty; he is an innocent man." Well, the old judge scratched his head, and he said: "That is so, I remember very well we had a revolutionary war here, and we got rid of all those summum bonums, and all that kind of things, and are now under the stars and stripes of our country, and the man has a right to be tried under that doctrine, and according to that he is not guilty. I shall have to release him. Stand up, sir." The fellow stood up. "The court has acquitted you, but my personal opinion is that you are guilty. Now go, and may God have mercy on your sheepthieving soul." (Laughter and applause.)

Now since I have come to this country during these many years, from fifty to sixty years, we have progressed as everything else has progressed not only in the United States but the world over. It has been an age of progress every way. School houses have been erected, dotting the state all over. We have our beautiful court houses; I see one engraved on this menu, the court house of this county. And the magnificent state house, no finer one can be found. I have been in every state I believe in the United States and today I am prouder when I look at the state house at Des Moines than any other state house in the United States. And we have had eminent lawyers and statesmen. And I asked my private secretary, Major Fleming, as I have been away and have not had time to look up anything, to furnish me a list from the

lawyers of 1847 of all members of the Supreme Court of the state, and I have it here, and I will trespass on your time a little. I never bother with manuscripts, but on this occasion I will trespass on your time a little and read this list.

The following is a roll of the attorneys of the Supreme Court of the state, in 1847, as found in Morris' Iowa Reports, printed in that year:

Looking over the list of attorneys found in the little volume of reports compiled by Eastin Morris in 1847, which list was supposed to comprise the names of all who had been admitted to practice in the Supreme Court of the territory who were then living in the new state, I was interested in tracing the subsequent careers of many of them, because it was my fortune to know personally a large number, if not most, of those pioneers in the profession in Iowa. First in the list comes the name of that eminent jurist and worthy man, Charles Mason.

He had been, as you know, chief justice of the territory during its entire existence, presiding over the state court during the first six months of the commonwealth. As you also know, he became associated with William G. Woodward and Stephen Hempstead in the preparation of the code of 1851, which was passed by the General Assembly mostly as it came from their hands. You know what a noble production that code is. I look upon it as one of the very best enactments ever passed by a legislative body; you remember it was a single enactment. Hempstead, you know, was the second Governor of the state, and in the list I find the names also of his successors, Grimes and Lowe.

Woodward was destined also to sit on the bench of the Supreme Court, and in the list appear the names of Wright and Stockton, his associates, and those of Greene and Hall, who preceded Woodward, and Lowe again, who became one of his successors. There also I find recorded the names of men who sat in Congress in later years, such as Grimes and Wright in the Senate, and Hastings, Davis, Thompson, Miller, Hall, Cook and Smyth. The last named was also to be a district judge, as likewise were Mitchell, Lowe again, Richman, Knapp, Tuthill, Smyth again, Hendershot, and Springer.

It was destined also that Springer should preside in the able convention which framed the second constitution of the state. Here appears Negus, the faithful chronicler of the events of his time; Reid the soldier; the Starrs, and Edward Johnson, one indeed of the noblest in a noble galaxy. The profession may well claim that no like number of men did. more (did any do so much as they?) for the upbuilding of Iowa than did the sixty-six men whose names are found in this early roll of the leading lawyers of Iowa.

They have mostly gone on to the life of the world to come. I can now only recall Penn Clarke, Richman, Springer, Thompson (Black Bill, as he was called), John T. Morton, of Hi Henry, and Henry B. Hendershot, as yet on this side the final river. These men all deserve well of their country. Let us hope their declining years are cast amidst pleasant surroundings, and that the evening of their days is cheered by the glow of a delightful sunset.

It is indeed, gentlemen,a great pleasure to me to refer to these old pioneers, so many of us here that remember the pioneer days. I see sitting to my right Judge Nourse. I knew him when I was a boy; he knew me when I was a boy. We were boys together; he lived in Van Buren County, and I lived in Davis, and I remember very well the first speech that I ever heard him make in a campaign. He was talking to a meeting that was held during the candidacy of Cass for President, and I thought he made one of the finest stump speeches that I ever heard in my life, and I only wonder that he did not keep on in that kind of business. But he succeeded as a lawyer.

We came to this country then, not in palace cars, but we came in schooners, prairie schooners, covered wagons, pulled through the mud, sometimes hub deep, by horses sometimes, but most generally by oxen. It took a long time to get to this country, even if you only came from the state of Illinois, but they did come from every quarter-they came from Virginia, Kentucky, Tennessee, Indiana, Pennsylvania, Ohio. And one thing among others that I think has made this great state of Iowa what it is is because it has been made up from the different states of the Union, the east as well as the south and the middle states. It has brought into this state in building it up an independent class of people. I mean men of independent thought, men who thought for themselves, acted for themselves; men who builded their foundations on principle, men who had at heart the interest of this commonwealth.

But I find I will be encroaching. There are other speeches, and I thank you very much for the invitation to be here, and for the kind attention that I have received during my few remarks. (Applause.)

Judge Kinne: When Brother Heinz met us at Des Moines last year he said if we would come to Davenport, we could have the earth, or something to that effect. He was immediately taken at his word, and it has required no little labor to-day to induce the convention to locate at some other point next year, in view of the manner in which we have been received. The fact is that we have had, I think we all agree, a rather successful and a very entertaining time and it has been contributed to not a little by the manner in which we have been

received and entertained by our friends in the city of Davenport. Most of us have been here before. We knew what to expect and we were not disappointed. There are very good people in Davenport, some good people in Des Moines, and in all other places, too, but of the people of Davenport I think it may be truthfully said that they are in one sense a class unto themselves. I mean by that they have distinctive characteristics from the people generally in other parts of the state. Here we find a degree of substantial things, substantial men; here we find a permanency of investment of capital; here we find an accumulation of twelve or fifteen millions of dollars, I am told, in the banks of this city, largely belonging to the citizens of this city and Scott County. Which shows what? It shows the substantial character of the people. It shows the thrift of the people. It shows above all that which a great many of us ought to learn from you people here, not to spend everything that we make. So I say that I think Davenport is to be congratulated on the class of people that reside within your borders. You are a substantial people. You have here every evidence of growth, not a boom growth, but a growth which progresses and develops and goes on from year to year and decade to decade, and will continue so long as time shall last. It is a great pleasure for us to be in Davenport for other reasons. Some of the ablest men who have ever graced the bar or bench in Iowa lived and have died here, to say nothing of those who so ably grace it to-day. What shall we say of those who either have passed away, or have removed. Such men as Judge Dillon and Judge Grant, such men as Putnam, as Rogers, and many others of that class, than whom no brighter legal intellects were to be found in Iowa, or indeed in any other state. I remember very well at the convention of district judges under the new law when the state judicial system was reorganized, as you remember, a convention of the district judges was provided for, and held at Des Moines. They met there to make rules. It looked as though they would never get near enough together to make a single rule, but they did. At that convention was present Mr. Rogers, who had been elected upon your ticket as district judge of this district. I myself was there, and Mr.