The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1926-12-31

Galloway and later became one OF his law
partners.
Friendship of FOrebears
This family friendship had it's be-
ginning when Judge Callaway's father, the
late James E. Galloway, was a major in
the Dist Illinois infantry, the regiment
which General Grant took into the con-
Army of the Cumberland, then under the
command of Maj. Gen. William S. Rose
Grams grandfather of Warren TOOle.
After the battle of Iuka and COrinth,
b~rigades, placing each under the m
of an officer of his army picked for merit.
In charge of one Of these he placed Major
Galloway, but he did not long remain in
command, as General Sacellik, commander
of the armies, held that the placing of the
command in the hands of officers of such
inferior rank as major created invidiOus
favOrism. The light brigades were accord
ingly disbanded and Major Galloway went
back to his regiment.
This friendship thus created between the
father of Judge Galloway and the soldier
antecedent of Warren TOOle, was reborn in
the territory Of Montana in 1871, when
Major Galloway came to the territory as
its secretary under appointment by Presi-
dent Grant in June of that year.
Here he fOund e. Warren TOOle, uncle Of
the new associate justice, virtually the
leader of the Montana bar, as such he con-
tinued for practically a quarter of a CEN
fury. Later a law partnership was formed
between Warren TOOle and his Younger
brother, Joseph X. ToOle, the two being
located in Helena, where the latter served
for a time as district attorney for the
third district, which took in several
counties in the central bart Of the state.
Strong Friendship in MOntana
A strong friendship sprang up between
Major Galloway and Warren ToOle and
they were frequently associated in impOr-
tant litigation during the latter '70s and
the early SOS.
Major Galloway and Joseph X. Toole
were members of the constitutional con-
ventiOns Of 1884 and 1889, and each served
upOn the committee to prepare the address
to the people accompanying the submission
Of the constitution. In the convention of
1884 TOOle was the leader of the demo
Gratis and Galloway the leader of the re-
At the time Of the election Of 1904,
Judge Galloway was at the capital serv-
ing upon the first supreme court COM
mission authorized by the legislature to
be selected by the supreme court from
the bar Of the state. With him on this
commission were John b. Clayberg OF
Helena, and w. II. P0Orman, now judge OF
the district court Of Lewis n Clark
county. This commission had begun it's
service April /, 1903.
Towards the close Of the second year OF
the existence of this commission Judge
Galloway was elected judge of the Fifth
judicial district, covering the counties OF
Madison, Jefferson and Beaverhea0. UpOT
receiving his certificate Of election from
the secretary Of state he called upOT
Governor ToOle and asked him, in view o.
the old friendship between his father and
the governor, If he would not administer
the oath of office. 1t was at this time tina
Judge Galloway, in his enthusiasm, made
the suggestion that he nigh sOmeday
swear in a son Of the governor to a place
upon the bench.
TOOle Joins Galloway
Coming down to more recent times, /
was in 1917, while Judge Galloway anC
former Congressman Charles N. Pray Wer,
associated in the practice Of law in Grea
Falls, that the present Warren TOOle, jus
then out OF law school, called upon thu
He did not inform Judge Galloway tina
he was a son Of Governor TOOle, nor
nephew OF 70. Warren TOOle, but intro
duced himself simply as Warren ToOle Il
search OF a place as a law clerk.
However, these facts were soon gleanel
by Judge Galloway who informed him tina
IL he had half as good a legal mind as hi
distinguished uncle the firm would find
place for him. He was then put 70 work fl
the office Of Galloway & Pray where b
remaired until the United States enterel
the world war. Then he made four at
tempts to enlist, was rejected in eacl
instance, but was finally drafted serveI
until the conclusion Of the war and cam
home q second lieutenant.
He returned to the law office OF Gala
way & Pray in 1919, and a year later wa
taken into the firm, which then becam
known as Galloway, Pray & ToOle. FOu
years ago Judge Galloway was electe
chief justice Of the supreme court an
left the firm, and subsequently Charlie
n. Pray. was appointed United State
district judge, and the d-isintegratiOn Q
the firm was made complete.
About " years ago Warren To3ie en-
tered into a law partnership with Judg
Roy I. Ayers, this firm being dissolve
q few months ago.
A few days 8 Warren To0le wa
elevated to the bench OF the supreme c0ul