The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-05-02
ABOUT THE LATE SENATOR STEWART

were unnatural, and were soon swept
away When President Grant was
elected Mr.. Stewart was n member of
the judiciary committee, and reported
ana obtained the passage OF the fif.
| teenth amendment. which was adopted
by the states through the influence Of
PRESIDENT Grant. He was the author
| OF the national mining laws which rec
| ognlzed and confirmed the local mining
regulations which were in existence and
provided for the settlement of mining
! disputes by the local courts. These
/ laws nave grown into system of COM
mon law admirably adapted to the
wants, necessities and convenience of
! the mining communities Of the west.
From 1913, when the mines were dis
! covered, to 1865, when the first mining
/ law was passed, the inhabitants of the
! Pacific coast states and the territories
| were occupying the country in violation
I of the statutes of the United States,
and were, in the eye of the law, naked
! trcspassers
| Mr.. Stewart contended that the non
action of the government had created
equities which must be recognized, and
that the title of the people of the min
| ing states and territories rested on such
broad principles of natural equity that
the government could not afford to ig-
more them, He first argued this ques-
tlon before the supreme court of the
| United States in the celebrated case
of Hearst and Strong agt Sparrow (3d
Wallace). against Mr.. O'Connor, who
| contended that the court had no iu-
risdiction of the question involved be
cause both parties were trespassers. The
court sustained the jurisdiction, and
as an explanation of its decision or
dered a speech of Mr.. Stewart made in
the senate. explaining the situation, |
printed in an appendix to the report
At the end of Mr., Stewart s second
term, in March, 1875, he declined TO be
a candidate for re election, and resumed
the practice OF law in Nevada. Califor-
MIA and the adjoining territories, and
was constantly engaged in important
litigation
Again Returned to Senate
In 1886 81 he was again elected to
the senate. During this term he de-
voted himself to the reconciliation of
silver, the subject OF irrigation and
many other important questions. His |
writings and speeches on the money
question would fill many large volumes |
and have been extensively circulated |
throughout the United States He was
a member of the Republican national
convention in 1883. and obtained the
adoption of the silver plank in the plat
form. He was an earnest advocate of
legislation looking TO the restoration Of
silver to the place it occupied before |
1t was demonetized in 1873.
In the last session of the ffty-frst |
congress he took strong grounds against
the federal election bill. and through
his efforts perhaps more than any other
that measure was defeated. He made |
two memorable speeches against the !
Dill The first was a review Of the |
history of reconstruction and an argu-
ment against the policy of the legisla.
tion. His second. which was delivered /.
on January "a. 1891, was perhaps the !
most effective effort of his lire. He
argued that the legislation was blow
at local self government; that the con-
troll by federal authority of congress
sional elections, which were held at the |
same time as the election Of electors |
of president and vice president and
local state officers, was destructive of
the right of the people of the states |
TO conduct their own elections, and that
II the bill became law it would be
subversive of free government itself !
However much people may differ as to
the propriety of the legislation. his ar
guments remain unanswered.
After hls retirement from congress
in 1905 he divided his time between
Washington, his farm in Virginia and
Nevada.
Stewart Castle, his former home, in
Dupont Circle in Washington, was long
one of the landmarks of the national
capital. but it is today in the center
of fashionable residence section. a
bare lot, with only the cellar cxcava.
ton telling the story of the pulling
down OF that historic structure. Sen
ator William A. Clark of Montana,
planned TO build a palatial structure
on the site. but after the razing of the
old house aud q disagreement over the
plans, never replaced il, building the
Clark home in New York City instead.
Almost all tie old residents OF Wash
lngton. and many OF the new, knew
Mr.. StewaT either personally or by
sight, for h'S tall figure, topped with a
wide -brlmmed soft hat, and long white
beard. and his complexion as clear as
youth :, were conspicuous on the
streets Of the city,
Mr.. Stewart was the living incarna-
tlon OF Santa Claus, and on this ac
! count as we'll as on account of his
kindly disposition. he appealed strongly
! TO the imagination of children. Prob
! ably no more picturesque or rugged
| character was ever known to the SEN
ate. He WAS much in evidence around
/ the senate chamber until the last few
| weeks.
Funeral Of Lincoln.
! Mr.. Stewart s personal "reminiscences.
! published last wear were an interest
! ing recital in the first person of many
/ interesting side lights on American his
! tory in the last half century. particu-
! larly of western pioneer DAYS Lin.
coin he knew well. and told many in
innate stories Of the great war presi-
dent Senator Stewart is said 10 have
received the last written word OF Lin
coin g before he was shot He called
| on the president that evening TO intro
duce a friend. An usher brought out
a card in answer to the one sent in by
the senator. On il was written
81 am engaged to 60 to the theater
with Mrs, Lincoln, IT is the kind of
| an engagement | never break Come
WITH your friend tomorrow ut 10 and
/ shall be glad to see you.
A, LINCOLN'
Then Mr. Stewart tells the story of
how he and Senator Foote and others
got Andrew Johnson out OF bed and
swore him in as president in order that
| fhero oil he inf