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Shelby County |
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Shelby County |
Home History Main 1915 History Index |
CHAPTER XXIX.SOME FORMER RESIDENTS OF SHELBY COUNTY AND THEIR ACHIEVEMENTS. (CONT'D)
After some years' resilience in Hancock county, Iowa, Mr. Byers, in the fall of 1877, came to visit a friend of his named Heath, then residing at the town of Shelby. Soon after his arrival there Mr. Byers was taken sick with typhoid fever for some weeks. He was so well treated by the people of Shelby that he decided to remain in the county. He taught the Mort Keeney country school, afterwards teaching other country schools, one or two of which were in Westphalia township. While teaching in Westphalia. Mr. Byers became acquainted with S. H. Watters, now practicing medicine at Irwin, and then running a little drug store on the north side of the square. Mr. Byers used to come in from Westphalia on Friday night and help in the drug store on Saturday, thus becoming acquainted with the Harlan business men. He also was clerk in the Bechtel hardware store, which was then where the Hansen & Hansen hardware store now is. He was clerk for Blotcky Brothers on Market Street also, and later for French & True, in the store known as the "Golden Opportunity," located where the Shelby County Bank now stands. For some years Mr. Byers was in business in Earling, and while at Earling determined to study law, which he did later, in the law office of Macy & Gammon at Harlan. He was admitted to the bar in May, 1888. In his early days of practice Mr. Byers had charge of the defense in several very important and interesting criminal cases, including defense of a young Norwegian who was indicted for burning the barn of George Eokars; the defense of Cumberland, who murdered the Robertsons; and also the defense of Elmer Terrell. The young Norwegian was acquitted; Cumberland was, after several years, finally hanged, and Terrell was finally found insane and is still confined in one of the state hospitals for the insane. In the first trial of the Terrell case this defendant was found guilty of murder, but when the district judge came to pass sentence Mr. Byers objected to the sentence on the ground that Terrell was then insane, even if he was not at the time the jury found him guilty. It is likely that this is the first time that this question had ever been raised, and the district judge held it a proper objection and called a jury to try again the question of Terrell's sanity. On the second trial the jury found Terrell insane. The first political experience of Mr. Byers was to run for justice of the peace in Westphalia township. He ran as a Republican and was probably the first as well as the last Republican ever elected to a township office in that township. He also served as the first Republican delegate from that township ever sent to a county convention. Mr. Byers was a candidate for the lower house of the twenty-fourth General Assembly, but was defeated by Hon. J. H. Louis. Running again for the twenty-fifth General Assembly, he was elected and had the honor in the organization of this assembly to be chosen speaker pro tem by the unanimous vote of both the Democratic and Republican members of the house, by virtue of which election Mr. Byers frequently presided during the absence of Speaker Stone. He was re-elected to the twenty-sixth General Assembly, at the opening of which he was elected speaker by the unanimous vote of both the Republicans and Democrats, this being the first time in the history of the state that a speaker was chosen by a unanimous vote. So fair and impartial was Mr. Byers in his rulings during that session of the Legislature that both the Democrats and Republicans, not only, as is the usual courtesy, voted him the gavel and chair used during the session, but also presented him with a magnificent gold watch as a token of their appreciation. In both sessions of the Legislature in which Mr. Byers served he introduced and pressed for passage many bills which became law and protected the best interests of the people in many ways, including anti-trust legislation; protecting consumers against the sale of impure meats; protecting the public against bad banking, and providing for the inspection of private banks, etc. As attorney-general of Iowa, Mr. Byers made a most enviable record as a leader of law enforcement. For instance, he put an end to the Sunday saloon, the all-night saloon, and sturdily fought the open gambling house. For the first time in the history of the state he appeared for the state in behalf of Iowa shippers before the inter-state commerce commission. He defended in the courts assaults made on the pure food law, the pure drug act, the stock food law, the hotel inspection law, the anti-pass law, and the indeterminate sentence act, the constitutionality of all of which was questioned. He forced payment to the state of approximately one hundred and fifty thousand dollars of fees due it, more than had been collected by the office in all the previous years of its existence. He achieved much fame by his rigorous prosecution of the Mabray gang, the greatest "bunco gang" that ever existed. In 1908 Mr. Byers was chosen temporary chairman of the Republican state convention, held March 1, at Pes Moines. Since leaving the attorney-general's office, Mr. Byers has devoted his time to the important legal business of the city of Des Moines, as corporation counsel, and to the general practice of law in Des Moines. Upon his appointment he assisted in presenting to the supreme court the case involving the question as to whether the Des Moines Street Railway Company had a perpetual right to operate its system in the city. The supreme court finally rendered a decision in favor of the city, thus ending a controversy that had been on for nearly sixteen years. Next to the Consolidated Gas case of New York City, the gas case of Des Moines was probably the most important rate case tried in the United States, in which Mr. Byers represented the city of Des Moines. The city council of Des Moines reduced the price of gas from one dollar to ninety cents, whereupon the gas company sought to enjoin the enforcement of the ordinance. The hearing before Judge Sloan, as master of chancery, covered a period of nearly eight months. The gas company was represented in the trial by Judge Carr, William Reed and by Mr. Doughirt, of Philadelphia, and Mr. N. T. Guernsey, of Des Moines. Iowa. Mr. Guernsey is now general counsel for the American Telephone and Telegraph Company. The trial resulted in a complete victory for the city of Des Moines. It was twice before the supreme court of the United States, both times decided for the city, and for a third time is now finally pending there. Mr. Byers also had charge of the condemnation of the local water plant. It was tried by three district judges, the trial covering a period of several months, the company having first tried, through the federal courts, to enjoin the city from proceeding. The case in the federal court was first heard by three federal judges sitting at Council Bluffs, and later was heard by the circuit court of appeals sitting at St. Paul, the result in each instance being favorable to the city. The case is still pending, however, awaiting favorable vote of the people on the purchase of the water plant. An exciting case arose soon after Mr. Byers became corporation counsel, when the street railway company engaged in a controversy with its employes over the discharge of a conductor. The fight became very bitter, ending in a strike that completely tied up the street railway. Mobs were surging through the streets and riot and bloodshed were imminent. Mr. (35) Byers became convinced that a court of equity had jurisdiction and power to deal with this situation and to compel the operation of the street railway. Petition was accordingly prepared and filed and presented to Judge DeGraff, who signed a writ carrying out the idea of Mr. Byers. Within thirty minutes after the writ was signed and extra papers were on the streets announcing the injunction order of the court, the mob had dispersed, the streets were clear and everything was quiet. The injunction order directed obeyance and compliance by a certain hour the following day. Promptly at that time the street cars began running all over Des Moines and no trouble has since occurred. Mr. Byers regards this as probably the most important service he ever rendered the city. The proceedings were entirely unusual and a great many good lawyers concluded that the court was entirely without jurisdiction. Mr. Byers, however, sustained his contention that at such times the city and public is an interested party, and that the business of the public may be protected by a court of equity. During the term of Mr. Byers as corporation counsel, he prepared the bill enacted into law having for its purpose the abatement of the smoke nuisance. He also prepared and is enforcing an ordinance requiring the telephone and telegraph companies to pay rental to the city for the space used by their poles and wires. For nearly twenty years the people of Des Moines living south of the Des Moines and Raccoon rivers have been asking for a safe way over the tracks of the railroads to the business part of the city. In order to reach the business portion of the city, ten thousand to fifteen thousand people must cross fifteen or twenty railroad tracks, over which travel is very dangerous. Nearly twenty years ago proceedings were brought to compel the railroads to build viaducts over their tracks, but for some reason the railroad commission of the state could never be brought to see the necessity of such viaducts, except as to four or five of the new tracks. Shortly after the appointment of Mr. Byers this viaduct matter was turned over to him, following which several hearings were had before the railroad commission. Two members of the board, Ketchum and Palmer, decided against the city, and Clifford Thorne in fax or of the city. This dissenting opinion by Thorne gave Mr. Byers courage to apply for a rehearing. Pending this rehearing, he was able to secure a compromise with the railroads, and the viaducts are now in course of construction. This is likely regarded by the people of Des Moines as a large accomplishment. Mr. Byers has found time to ally himself with the several commercial and civic leagues, and prepared petitions and ordinances providing for restrooms, and, in a general way, has been devoting much time and energy to those things that tend to make Des Moines a better place in which to live. Transcribed by Cheryl Siebrass, October, 2023 from the Past and Present of Shelby County, Iowa, by Edward S. White, P.A., LL. B.,Volume 1, Indianapolis: B. F. Bowen & Co., 1915, pg. 543-547. |
