Omaha daily bee., 1896-11-08
THE OMAHA DAILY BEE. SUNDAY, NOVEMBER s, 1896.
IN MEMORY OF JUDGE DUNDY
Douglas County Bar Meets to Pay Him Its
Last Tribute.
LONG CAREER ON THE BENCH RtclTED
Several Members of the Bar Speak of
His Leading characteristics Both
as a Man and n Jurist-Res-
olutions Adopted.

A meeting Of the bar Of Douglas county
was held in court room No yesterday morn
ing to take action on the death OF Elmer
5, Dundy, late judge of the United States
district court. About seventy-iye Of the
members Of the bar were present The
meeting was presided over by Judges Baker
Fawcett and Keysor Of the district court
John L. Webster, chairman OF the com
mittee appointed by the bench to prepare
and present to the meeting appropriate reso-
lutions. presented the report of the com
mittee. In presenting this report MIR. Web
ster made brief but eloquent address, pay
ing a touching tribute to the memory Of
the late federal Judge, referring to the diff
cult nature OF the duties OF judge Of the
federal court. owing to the great range COW
cred by the various cases brought in such a
court. Mr.. Webster also referred to the
well known tender -heartedness of the late
Judge Speaking of Judge Dundy from a
professional standpoint, Mr. Webster re-
marked that it was rarely that the late
Judge referred to the authorities in making
a decision, but he grasped quickly the
salient points in the case and based MIS-
decision upon the accepted law bearing upon
the case. Mr.. Webster also paid tribute
to the character OF Judge Dundy as man
and as friend, and then read the Follow
ing preamble and resolution, prepared by
the committee:
I'm the early days OF Nebraska's state
hood and on April 9, 1858, Elmer Sciplo
Dundy, then a comparatively young man
of 3S years OF age, having been appointed by
President johnson as United states district
Judge for the district OF Nebraska, took the
oath of office and entered upon the dis
charge Of his official duties. He began this
judicial career not without experience, for
under an earlier appointment, made in 1858
by Abraham Lincoln, then president OF the
United States he had served for a period
OF four years as one Of the judges OF the
territory OF Nebraska, as associate with
William Pitt Kellogg and William f. Lock
wood The physical and mental vigor OF ms
early life coupled with this earlier judicial
experience qualified him in marked de-
gree to undertake the administration oil the
federal laws in the new state OF Nebraska
and to adjust the practice and procedure oil
the federal court to the vast amount OF liti-
cation now necessarily for the first time
coming before 1t and to bring harmony out
OF the chaos that would otherwise arise
where so large a number OF suits were
being transferred to a court thus neWl!
created.
"During the course OF twenty-eight years
from June g. 1868 to October 2S, 1896, Judge
Dundy almost continuously presided over the
United States district court for the district
Of Nebraska and likewise, by virtue OF his
Office preeided over and performed large
proportion Of the work OF the United states
circuit court for the said district. During
these long years of public service he was
necessarily called upon to consider and de-
eide almost every question OF law that could
arise in the wide stream OF litigation that
finds its way into a federal court. court
that has jurisdiction over criminal ohenses
committed against the laws OF the United
States from timber depredations and viola
tions of the postal service and laws made
-. hn
murders committed upon government res
eryations and upon the high seas; court
that has jurisdiction over all civil actions
arising out of obligations to perform every
variety Of national public service. including
the bonds OF all disbursing officers who
handle millions OF dollars of the government
funds; a court that has jurisdiction over all
litigation arising out OF the patent laws Tor
the protection OF inventions and the pre-
vention of infringements thereof; a court
whose Jurisdiction includes all litigation over
Indian tribes and their reservations, the
personal and political rights of Indians,
tribal and individual; court whose turis-
diction includes all litigation of whatever
kind or nature in which is involved the
application or Interpretation of any act Of
congress any treaty relationship or any
provision of the constitution OF the United
States.
ITO all this is to be added the whole
range of litigation that can arise between
citizens of different states and by reason
whereof much of the important controversies
by between or against large corporate in
terests have found their way into that court
and made it tribunal of the greatest i'm
portance requiring the highest judicial skill
and legal learning on the part of him who
presides over its deliberations.
with all this great and varied mass OF
litigation Judge Dundy had to deal, and he
administered the duties OF his high office
to the general satisfaction OF parties in in
q,
I'm the performance of his duties Judge
Dundy at times sat as the associate OF
worthy United States circuit court judges, OF
whom may be mentioned John F. Dillon,
George w McCrary and Henry c.. Cald
we'll and with justices of the supreme court
of the United States assigned TO this circuit,
such as the distinguished Samuel F. Miller
and David ]. Brewer, and each OF whom
spoke of him in terms of warm commenda-
tion.
LAS a lawyer and as judge Judge Dundy
brought TO bear a strong common sense
rather than the refnements OF legal learn
ing, and aimed to do justice between con-
tending parties but it was common sense
that was quick to see the due application
of the law and not to override or evade
its settled principles or established prece-
dents. As a man he was possessed of many
noble qualities that endeared him TO all
who knew him well. AS a friend he was
warm and appreciative and his generous
nature made him slow to see or recognize
any faults in his associates, and never to
condemn without strong provocation. His
family ties were of the most endearing ma
ture, faithful and loving husband and 4
fond and devoted father. Be il
Resolved, That in the death of Judge
Dundy we have lost an upright and honor
able Judge, one who was a credit to him
self and to the federal bench, one who had
served the state and nation long and faith
fully, and earned the gratitude and lasting
remembrance OF his fellow citizens; be it
further.
Resolved That this memorial shall be
spread at length upon the records of this
court and that the clerk thereof be directed
to furnish certified copy of the same to
the members of the family of the deceased
as a testimonial of the high esteem in
which he was held by the members of the
bar and by the judges of this court"
The resolutions We're ordered spread on
the court records
John /. Redlck added his tribute to the
memory OF the deceased jurist He sketched
the life OF the late judge from his boyhood
to his death and spoke feelingy of the
family and private life OF Judge Dundy
John l.. Kennedy said he wished to speak
especially OF two traits OF character ex-
hibited by Judge Dundy, namely, decision
of character and tenderness. He dilated
upon these, recting instances in illustra-
tion, and paying a high tribute to the
dead judges character.
c. S. Montgomery also spoke eoquently
of the life and character of the late Judge.
Baldwin snOka at lapg,b oF