St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-12-17


were eQ ual. AS lawyer he was en-
gagged in many important cases. One
OF the principal causes was that OF the
water works tunnel at Minneapolis,
where damages were claimed on ac-
count Of the water breaking through
the walls OF the tunnel. Another case
concerned the foreclosure of the mort
gage on the Southern Minnesota Rail-
way company. The road was then
bought in. and has since been operated
by the Chicago. Milwaukee 81 st. Paul
Railway company.
LAS justice his standing was very
high. When there was formerly but
one judge in this county the appoint
ment OF referees was very common, and
Mr.. Gilfillan was then the faVorite ret
cree Of the bar. Personally he was
most kind-hearted man, and was be-
loved by all the bar"
Ex-Attorney General CIapp
said he had known the chief Justice pro-
feSslonally during six years, land my
official duties as attorney general nat
urally brought me into very intimate
personal contact with him, resulting in
my forming very high opinion of him,
both as a man and as lawyer. While
he was somewhat difficult to become
acquainted with, yet when one came to
know him he found him both sociable
and companionable. The bar was
sometimes disposed to feel that
the chief Justice was somewhat
grutf i'll his manner, but it was always
noticeable that his gruffness was not eX
hibited toward young and inexperienced
members of the uAr any more than
toward the oldest practitioner and
leader. He was man of most un-
swervlng integrity, and never seemed
to consider the effect of his decisions,
so far as 1t Influenced. or might infu-
ence, his popularity. His methods
were characterized by great research,
and he possessed broad and ready
grasp Of legal principles. His integrity
and ability will come to be still more
appreciated as those who have, per-
haps. at times felt the severity Of his
manner. forget that trit1ing defect in
the contemplation of his long, honest
and laborious career"
flames Gilfillan came to this state in
1857. He entered into the legal busi-
ness with his brother Charles and at
tanned good practice. When the court
of common pleas was created. at which
time the district court had but one
judge, Mr.. GilfiIlan was nominated by
the Republican party for tie position of
Judge of the common pleas court. He
was defeated, however, by Judge Will
lam Sprigg Hall, who held the position
until his death. Mr.. Gilfillan formed a
partnership subsequently with Mr.. .AlIis,
and enjoyed liberal practice. He was
engaged in one of the most important
1itigations the state has ever known, the
foreclosure proceedings of the first di-
vision of the st. Paul & Pacific Rail-
road company, representing the bond
holders. In this litigation he was associ-
ated with many distinguished NewYOrk
lawyers, among whom were Evarts,
Southmead and Choate. Shortly after
the termination of these proceedings he
was chosen chief justice of the state.
and has been in that position up to the
time of his death. He was always con-
Sidered wise and able counselor when
praeticing his profession, and as a
strong and just judge when upon the
bench. One of the most remarkable
opinions that he wrote while upon the
supreme bench was in the case which
sustained the law authorizing the pay
ment of the old railroad bonds, issued
by the state, without submitting the
question to the people. The effect of
that decision was to declare clause in
our constitution unconstitutional, be-
cause of its conflict with the cOnstitu-
ton of the I nited States. The reason
ing that Justice Giltilan brought to
bear 0p0n that decision characterized
his mind to be. in an eminent degree,
logical and judicial. Some lawyers re-
gard few,of his decisions as a little
erratic. but upon his whole career as a
lawyer and judge [ think he ranks
very highly"
HE was," said Judge G. E. Otis, "a
very able. strong judge. a diligent,
faithful and learned lawyer. think
his death a great loss to both the bar
and the state at large. Socially, l was
He was man who had many friends
and his qualities were best appreciated
by those who knew him best"
Fellow Soldiers Comment
II. ID. Brown, of Albert Lea, had the
following to say of the deceased:
HE was colonel of the Eleventh
Minnesota, and l was adjutant. lie
was promoted from captain in the
Seventh Minnesota. While colonel of the
Eleventh his service was chiefly as
commander of what was called a sub
district under Gen. Rosser. who CONS
manded the district of Nahville. His
duties were more those OF judge than
strictly military. and his fitness was
very apparent.
"He was conservative in his dealings
with citizens. Was not in favor of
loosely apprOpriating. Did not think
that any and everything belonged to
the victOrs. Insisted on strict account
ing for oil public property, and that
contiscated property was public rather
than private. and did not take to con>
hScation much.
"HiS Judicial instincts led him to take
notice of and report evident looseness
in some departments such as quarter
masters. But a way had grown up of
putting these departments, such as
quartermasters' hospitals and colored
soldiers, into separate lines, outside OF
the immediate subordinate commanders.
That is. quartermaster would report
direct to his superior gu artermaster,
and so on UP. the natural friendly
feeling for each other of those in the
same line served to cover up what
Col. Giltillan would have brought TO
light. When assigned to his SUBJ
district, he was to assume command
OF the forces found within his territory.
Among these was partially organized
regiment Of col0red troops. These sol
dierS seeming To he rendering no sprv