Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1888-01-21
JUDGE BALLINGER.
The Distinguished Member Of the Texas
Bar Passes Away Quietly at His
Island City Home.
Review OF His Career as q Lawyer and
soidier-His Three Score Year. Full
OF Ecnor and Us. fulness,
HE PASSES AWAY.
to the Gazette.


His death is great shock to the com
nunity. Only Ave days ago he was O.
the streets apparently enjoying GOO
health, but q severe col
rapidly developed into the mos
serious lung troubles, causing his famil
great alarm. Yesterday morning for til
first time medical skill was unavailipg
He gradually passed into the comatos
state from which he never rallied, passin.
away peacefully and without pain in hi
sixty-third year. Mrs. B.llinger, tn
bereaved wife, is very Ill, and he
friends are apprehensive that thi
great shock will prove more than she Cal
Withstand.
Judge Ballinger leaves four children
! Mrs. A. G. Mills, wife Of the secretary
Of the Galveston Cotton Exchange; two
unmarried daughters, Elizsbeth ant
Laura (Ghe latter OF whom is en- route
| home from Ohio), and Thomas j. Bal
linger, who was recently admitted tc
partnership with mis- distinguished father
| under the firm name OF BAllipger, Mott {
B.llinger.
The funeral will take place Monday.
William Pitt Ballinger was born g,
Bal louisville, K0ox county, Kentucky
on the 26:h of September, 1925 His
grandfather, Colonel Richard B.llirger,
was d native Of Virginic, and ald-de-
canp to General ST. Clsir at the time
of the defeat Of that General by the
Indians. His father, James Franklin
Ballinger Was . native OF Barbours vile,
and spent the greater part Of his life az
clerk OF the courts in Knox county. He
was soldier of the war OF 1912, and at
the sge Of seventeen years was taken
prisoner at Dud ey's defeat, end COM
PEELED to run the gauntlet for mis- life. IL
1887 he was member of the K ,ptucky
L. gislature. He removed TO Texas in
1868, and died at Houston In 1876.
The early education Of William Pitt
B.llipger was obtained in the schools OF
his native town, ard, having spent two
years at ST. Msry's College, near Leban-
On, KY, ne received thorough training
in the oface OF his father, ana at an esrly
age became familiar with The business
OF the courts, which hsd the foundation
Of his great success at the bar. la l84S
his health requiring miider climate, he
accepted sn invitation from his uncle,
Judge James Love ct Galveston, 10 re-
move to that place, and he Immediately
began the study Of law in his Office with
vigor Of determination when predes-
tined the attainment Of professional
eminence. When the Mexican war began
be joined volunteer company as pri
vate soldier, bus was soon elected First
Lieutenant Of his company, and was a2.
pointed Adjutans to Colonel Albert SyG-
ney Jonnston's Texas Regiment, with
which he served at the stCrming CT Nor
terey. He returned 10 Galveston in the
fall OF ls46. and in the spring of !s47 Oh
tanned his license and began the
practice Ct his profession. He
was soon after admitted as
partner In the firm of Jones Butler, who
did the largest practice at the Galveston
bar, and wsa thus engaged a. the Start in
the most important cases In the courts
Ia 1850, upon the Recommendation of the
judges d the Supreme court and Leading
members Of the Legislature, be was ap-
pointed GATED States attorney for the
district OF Texas, and filed that office
with efficiency and ability.
In 1859 be was employed as leading
counsel in the great cases involving the
title to the wharf property and water
front Of the city Of Galveston. The Con-
gress Of the Texas republic had, In 1886,
granted TO Michael B Menard the east
end of Galveston Island for the purpose
of building city, aud the question liz
dispute YVES whether or not this grant il
cluded the acjscent fats which were
periodically suDmerged,s and Mr.. Ballin-
ger, in contending for this comprehension
OF the grant, enters into an elaborate dis
cussion OF both the common and civil
law definition OF what constitutes Sea
shore, and the requisites of q dedication
to ruolic uses. In 1871 he declined
position upon the Supreme bench
rendered bin by Governor E. J. Da-
Wis, through his repugDance to any
with his administration. He
was again appointed Associate Justice in
1874 by Governor Coke, but was induced
oy the demands CT his private affairs to
resign on the day Of his confirmation.
III 1875 he was elected member of the
which framed the present con-
of Texas, and Was chairman
OF the committee or the executive
IL partment, and member of the
Judiciary committee. He differed
widely in his views from the majority OF
the convention. Falling to i'm press his
views, ne opposed the adoption Of the
and voted against it ct the
polls.
Ia 1877 he was recommended By the
q Governor Of Texas, ard all the judges OF
ne high courts, regardless OF political
views, for the position on the bench of |
he Supreme court of the Unlted |
States, made vscsnt by the resigna-
ion of Judge Davis, and the Texas |
ielegstion in Congress urged President !
Hayes to appoint him to that plsce; but
and sectional spirit reigued |
upyeme st that time In Washington and /
iictated en- opposition thst could spring
,nly from that origin. In 1879 Governor
Z ,berts rendered him the appointment
- one Of the members Ct the
Commission Of Appeals, but he declined
ne Hsce, and has steadily cherished
devotion and application TO the duties
# his profession, which no allurements
Il Office Or public horrors could sup
,lant or anste. Judge Bsllinger was
Tnjg as long as that party maintained 8
distinct Organization. He was not 8
with the extreme doctrines
II the states rights school, and did not
aver the theory and principle OF secession.
lie warmly opposed it as an unwise and
etaI measure, out when Is became an &C.
fact, and be saw no other al
ernatiVe but success or suhiaaation for
he south, he repeiled the idea Of union
y force, aud gave his heart
nd soul to the success Of the