The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-06-21
JUDGE FOSTER
is DYING.
Life Of the Veteran Jurist Is
Ebbing Away.
Doctors Say He Can Live But
Few Hours.
MAY DIE ANY MINUTE.
An Eventful Career Drawing to
a Close.
Was Federal Judge in Kansas
For 25 Years.
MAY DIE ANY MINUTE


Judge C. G. Foster is sinking and at
o'clock it was announced that he
could live but an hour or two.
Until few days ago Judge Foster
expected to go to the northern lakes for
the benefit of his health which for sew
eraI years has been bad. Early this
morning he began sinking and his ply
sician, DR.. Mum, at once realized that
the end was near.
Judge Foster was native of New
York His birthplace was Webster in
Monroe county. In May, 1859 he was ad
mitted to the bar at Batavia, N. Y,
and moved soon thereafter to Atchison.
In Atchison Judge Foster took up the
active practice of law. He was first
associated with the firm of Foster &
Glenn. The first named member of the
firm forged his way to the front rap
idly. and the firm soon dissolved and
he started out on his own responsibility.
Judge Foster built up a lucrative
practice and in 1873 was recognized as
one of the leaders at the bar in this
state. HOnOrs were conferred upon him
by the people of Atchison. He was first
a member of the state senate and later
was elected mayor of the city
In March, 1874, Judge Foster was
named for the Kansas federal judgeship
by President U. S. Grant who was then
serving his second term. In 1878 Judge
Foster was married to Miss Angie V.
Luddington of Lawrence. Mrs. Foster
was native of Massachusetts, but her
parents afterwards came to Lawrence.
Mrs. Foster and two daughters COM
prise the family.
In March, 1879 Judge Foster moved
with his family to Topeka where they
have since resided in the handsome
home at Eleventh and Harrison streets.
The life and work of Judge Foster has
attracted much attention in the west.
His method of living was economical
and his fortune is reported to be worth
at least 5000, COO. While a young man
engaged in the practice of law he was
noted for his fearlessness and independ-,
ence. Once interested in case he never
CAV up the fight. If in his opinion the
courts erred in judgment he was not
slow to SO express himself He was
courageous in the extreme and during
his practice he was regarded one of
the most undeSlra bic opponents in
law suit by the lawyers who had watch
ed his unrelenting warfare in the courts.
Although Judge Foster many times
took exceptions to the ruling and judg-
ment of the courts he was never often
sive or injudiciOus in his action. His
manner was easy vet COOL deliberate.
which was convincing and it is said
that he worried more judges during the
time he practiced law in presenting
knotty problems than any of his asso-
ciates some of them many years his
senior.
ton which were striking characters
ties of Judge Fosters life manifested
themselves prominently when he
can party in 1S90-91. At that time
Charles Robinson was a candidate for
governor on the Democratic ticket. JnO
F. Willis was the Populist nominee
That year the Republican party with
which Judge Foster had always af-
fliated was making fight in favor of
the prOhibitory law. This question had
"a ~ f1,1 -t,%.N
and there was much bitterness among
some of the party leaders. Opposition
had developed in many quarters but
Judge Foster was one of the few men
who had the courage of his convictions.
He opposed making the question a state
issue by inserting the plank in the
platform. He opposed il among the
delegates to the convention and ad-
Vised against it at all times When
the campaign came on Governor
Humphrey was trying for reelection.
Judge Foster took the stump against
the ticket on the one proposition. He
opposed the mixing of prohibition and
politics. 1t will be remembered that
Governor Humphrey had a very close
call.
In these latter days of political con-
tests it would be said that Judge Fos-
ter at that time had his blanket and
war paint on and had left the reserva-
tion. True it was that he did these
things but he never came back to his
party on this proposition. He has been
a conspicuous opponent of prohibition
from the first and has at all times been
consistent. He thought the action Of
his party wrong and did not hesitate |
to say so.
Up to this point in his career Judge
Foster had been vigorous and active a t
all times. Soon thereafter the disease |
which caused his death fastened upon
him and he has been gradually falling |
in health for many years Seven or
eight years ago the ravages of the dis |
ease made it necessary for Mr Foster |
to call in assistance in the work of the |
court. He was compelled at various |
times to take a vacation and little by |
little was prevented from being at his |
office for the transaction of business.
There were hungry office seekers af- |
ter his place yet he would not ask to /
be retired. In fact he approached the |
end camly with the determination to |
work as long as he had the strength |
and did not al any time seek retire |
ment. When it was suggested by the |
politicians that he could be retired on |
full pay the judge did not then ask that /
the matter be urged in congress. How
ever Congressman Curtis pushed the
question and succeeded in having a bill
passed at the opening of congress last
winter retiring Judge Foster on full
pay. $4,000 per year
The bill was passed and became a law
in January. In February Judge Foster
took advantage of the provisions of the
law and rendered his resignation. Judge
Hook was then appointed and Judge
Foster retired after twenty-five years
of honora BILE and distinguished service
on the bench.
Judge Foster as an interpreter of the