The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-09-16
AFTER A LONG LIFE.
Judge Solomon Heydenfeldt Joins
the Majority.
Notable Career of an Eminent Jurist Who
Was One Of Califorpia's First Supreme
Justices-His Funeral.

LIS leSiueHce, lUlo IOSL street, lew HInuteS
before o'clock yesterday morning from an
Internal hemorrhage. He had been ill for
few days only. but on Friday night all hopes
OF his recovery were abandoned by his phys
icians. Although his death was, therefore,
expected the fatal change was sudden, for
he had pursued his profe, sional calling to the
last. His age lacked Just one day of IA years.
Solomon Hey denfeldt was born at Charles
ton, s. c.. in 1916. When boy of years
his father, who was teacher of classics,
died, leaving him and his mother in cir
cumstances comfortable enough, but far
from the wealthy inheritance which had
been lost through an agents defaleations.
The boy was sent by his mother to a col
lege in Pennsylvania, where he studied
Greek and Latin. Returning to Charles
ton without having graduated. he studied
law in the Office of De Saussure, son of the
great South Carolina chancellor. He re-
moved to Russell County, Alabama, at the
age of 81, going by way of the Alabama cap
ital, Montgomery, where he was admitted
to the bar. He practced law in both Ala
bama and Georgia, being located near the
dividing line. he married there and fol-
lowed his profession for thirteen years. lie
came to California in 1850. settling IN San
Francisco and opening a law office in what
10 INV NhAiOu VIC Viu WY nan.
WHEN HE WAS JUDGE.
More TIL an thirty years have passed since
his judicial career terminated. All the
bench and most OF the bar of that day have
preceded him to the grave. 1t is difficult at
this time to properly appreciate the import
ance OF the judicial sery ice that he rendered,
for it must be remembered that the State
was young when Heydenfelt and Murray
were members of the highest court.
Public affairs were yet in chaotic condi-
ton, for the Constitution was new-every-
thing, in fact was open to serious question;
the general situation being unprecedented
III its surroundings, there we're of course no
precedents for the court to follow. How
well il performed its duty in that respect is
best atteSted by the fact that the decisions
then given by the court have always held the
hi CHEST rank elsewhere as well as in this
jurisdiction, and the principles at that time
announced from the bench have marked
out the lines upon which subsequent legis-
latiOn. State and Federal, as well as judicial
decisions, have since proceeded,
A MAN OF MARK.
Heydenfedt soon won distinction in his
new home, his legal knowledge, his assidu-
Gus application to business entrusted to him,
and the quiet dignity of his whole de-
meanor bringing him forward as a man of
mark.
In the Legislature of 1851, which met at
San Jose, Judge Heydenfeld, was the Dem
ocratc caucus candidate for United States
Senator. The Wing nominee was L. Butler
King, Collector of this port, While John c.
Fremont, then in the United States Senate,
held seven votes, some of them Democratic,
others native Californans. One hundred
and forty-two ballots ere had without re-
suit. An effort was made to elect John b.
Weller, Democrat. as compromise candl-
date, without success. An adjournment
was had without electing Senator.
In the fall of 1851 Judge Heydenfeldt was
elected Judge of the State Supreme Court,
being the first person to be elected to the
members to that tribunal having been
chosen by the Legislature. He served five
years and resigned on January 6, 1857. Al
ter serving two mont tbs he obtained leave
of absence TO visit his family in Alabama.
NO OATH OF LOYALTY.
During his short absence Governor John
Bigler appointed Alexander Wells to fill the
position. The legality of the appointment
was publicly questioned and, at Justice
Wells suggestion, the Court directed the At
torney-General to bring the matter before it
in proper form, which was done. A famous
controversy followed. and resulted in Judge
Heydenfeidt returning to the bench six
months later, taking care to file an opinion
himself in favor of his case and concurriDg
in the view of the Chief Justice.
When the test oath of loyalty was adopted
by the Legislature in 1862 he, in company
L
other lawyers of Southern birth, refused to
subscribe to it, claiming that the oath al
ready taken was good enough for Ameri-
can. AS result Of this refusal they with
drew from active practice in the courts. He
was then principal counsel in a mining suit,
but he refused to go on with the trial, not
outstanding that one of the principal parties
in the suit offered him $4,000 additional to
do so. He simply replied that when prlnci-
pie was at stake money was no object to him,
b flA Il, nfn -
$4,000 lie became advisory counsel for
quite large number of mining corporations
and extensive concerns which continued to
be the characteristic feature of his work up
10 the date of his death. This branch ma
turally gave him deep insight into the
workings Of capital, and he became practi-
cally interested in the mines and amaSsed a
fortune by shrewd speculations
Judge Heydenfeldt was man of large
heart, benevolent to a degree, a conscien-
tious worker in the cause of suffering hu-
manly and charitable beyond keeping with
his income.
PERSONAL CHARACTERISTICS.
Thousands of his dollars went to the fes-
tering districts of the South when yellow
fever lay like plague upon that land, and
his money was given without ostentatlon.
He was one OF the founders and patrons of
the kindergartens of his city, helping them
with financial aid as well as personal direction
and acting as Director of several schools up
to his death. Such instances of his kind
ness are quoted without number. He did
vast amount of business for women, and yet
he never accepted fee from woman, be
she rich or poor.
OF late years Judge Heydenfeldt became
prominently identified with large estate bust
ness in the Probate Court, either as coun-
selor or executor. Department 6 of the Su-
perior Court adjourned yesterday until to-
morrow out of respect for his memory.
Deceased was an uncle Of Judge Walter
}. Levy, presiding Judge of the Superior
Court last year. He was twice married and
onion Jr., the eldest, Frederick o. and
Thomas. His extensive legal business will
be continued by Solomon Jr.
The funeral will take place this morning
at 10 O'clock from the family residence, JOG