The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-08-17
IIlDGE KINNEY
PASSES AWAY
%
Noted Jurist Died in This City
Yesterday Morning.
PROMINENT IN UTAH AFFAIRS
WAS SUPREME COURT JUSTICE
AND DELEGATE TO CONGRESS.


morning. aged So, OF infirmities at
toudant upon advanced age, after
most active life. The funeral will take
Mace this afternoon at 4 o'clock from
the late residence of the deceased, 73S
south Fifth East street. The remains
will be shipped to San Diego, Cal, for
burial.
Tn. people of Salt Lake will today
nav their last earthly respects to man
who. in his younger days, was guild
ing spirit i'm political and social affairs,
and to whose wisdom and foresight
is due much of the present advance
ment of the city. When he was first
appointed chief justice of Utah's SUI
preme court and came across the plains
in q canvas covered wagon to accept the
presidential recognition of brains and
dis-ernment he found local conditions
fin such shape that it required keen
Judgment and fine perceptive powers
10 properly act with a view to the bet
terment of things in the future.
He appreciated most keenly his po-
sition and the Importance his decisions
would have in the future on the ad-
vaucement and commercial supremacy
Of the city and state. With that fact
ever before him, Judge Kinney never
acted on the spur of the moment; he
studied well its effect, not only then,
but in the days to come.
Twice Appointed Judge.
Twice he was appointed judge, and
once elected as a delegate to congress.
In the formation days he was invalu-
able to the trainers Of the laws, as his
Judgment was considered wise, and was
acted upon on more than one occasion.
Although President Lincoln saw fit to
remove him, for the betterment of the
moral condition of the state, for at
that time polygamy was being agitated,
the people of the state. who knew him
better. elected him to the house of rep
resentatives.
Judge Kinney was born in New
Haven. Oswego county, New York,
April 2 1916, being the fourth child and
second son Of Dr. Stephen +. Kinney
and Abby Brockway Kinney His ear
~ education was received in country
schools. Finally he enteresd the Renes-
slaer Oswego academy, where he
studied languages and higher branches
of mathematics. Forty years later
there was a reunion there of the old
pupils and scholars. of which conven-
ton he was elected president.
He selected law as a profession, and
was admitted before the court in banc
at Columbus. Just about that time he
met Miss Hannah Hall. sister of a
young man he was reading law with,
and married her on Jan. %, 1889. A few
years later she died.
Served in Many Offices.
In 1910 Judge Kinney settled in
Mount Vernon. o.. and soon succeeded
10 an active practice. Four years later
found him a resident of Fort Madison,
Ia. In 1S45 he was elected secretary
Of the legislative council, a position
which he held for two sessions. The
following year he was appointed prose-
cutting attorney, and in June. 1S47, then
only 81 years of age, was appointed by
the governor, justice of the supreme
court Of Iowa.
He held that position until 1S4S. when
he was elected in joint convention of
the legislature for term of six years.
In August, 1853, Judge Kinney was ap-
pointed by President Pierce chief
Justice OF the supreme court of Utah.
He was not an applicant for the of
nee neither did he want it. He hes
itated about accepting the position I'M
I'll the last minute, when his wife's
health demanded a change.
In the spring of 1854 the journey
' overland to Salt Lake, a distance of
l-5OO miles, was completed. En- route
son was born, believed to be the first
white child born on Nebraska soil aft
or It was organized into a territory.
Brigham Young was then governor,
having been appointed by Willard Fill
more. Judge Kinney held his courts
without interruption, and administered
the law without interference. In hold
ing courts remote from the city, an
escort Of United States soldiers was
provided by Colonel Steptoe, as pro-
lection against Indians.
Made Chief Justice.
In 1856 the noted jurist returned to
Iowa. The spring OF the next year
found the family residents of Nebraska
Clty. While engaged in a profitable
practice in July, 1860, without any pre-
Uous knowledge of the fact, Judge
Kinney was appointed chief justice of
this state by President Buchanan. In
lS62 he returned to Nebraska City on
a visit, and was nearly elected by the
democrats to congress. The following
year, June. he was removed from the
Utah judgeship by President Lincoln
on the grounds that he was a Demo-
crdt, the Nebraska City incident of the
ar previous being used against him.
His removal by the president result
81 IN his election from Utah to the
same congress he had been defeated
Tor IN Nebraska. The Thirty-eighth
VAS the war congress" during the
sessions OF which Fernando Wood of
New York, the acknowledged leader of
o me house anti-war party, made his
great speech. in which he denounced
the war as "a heIlish crusade of blood
and famine" Judge kinney's inn
pFomptu reply was extensively pub
hs1ed and favorably commented upon.
Made Indian Commissioner.
At the close of the Thirty-eighth
congress the judge returned TO Ne
ordskd City, and did not further par
utipdte in public affairs until Feb
ruary. 1861, when. with five other men,
he was appointed by the president on a
special Indian commission to visit the
SIOUX Indians. then at war, and par
u.uiarly to make full inquiry and re-
port concerning the Fort Phil Kearney
massacre.
In July, through the influence of Ne
oraSka's able senator, General c. II
Van WyCk, Judge Kinney was appoint
ed by President Arthur United States
Indian agent for the Yankton Sioux
IN Dakota. At his own request the
Judge was relieved on Jan. 10, 1889, and
returned 10 Nebraska City. where, or
The 18th, he celebrated his golden an
niverSary
\ short time after that Judge Kin
ney returned to salt Lake and has
made this city his home ever since
About three years ago he married q
second time. his wife being Mrs. Lucy
j. Thurston. the widow of Moses
Thurston. an old friend OF his. They
We're married in San Diego, Cal.
Cured Paralysis.