reported to the Association that since its last meeting, death had removed three of its most distinguished members, all prominent and highly respected lawyers of this state: Theo. A. Hurd, John B. Johnson and C. G. Foster, and as a part of its report, the committee presented a sketch of the life and a tribute to the memory of each of the deceased brothers.

On motion of E. W. Cunningham, seconded by P. P. Campbell and by standing vote, the report was received and ordered printed with the proceedings of the Association. Here follows such report:

TO THE MEMBERS OF

THE STATE BAR ASSOCIATION.

Mr. President and Gentlemen:

As we are about to enter upon the deliberations of this, the seventeenth annual meeting of the State Bar Association, it is mete that we should bow our heads in humble submission to "Him who ruleth all things well," and in whose mighty hand abide the destinies of all men and of the world. And silently and reverently we recall the memory of those members of this Association who have answered the immutable decree of death, and who; passing through the shadow of the dark valley, have made their final appeal to the court of last resort on high, where an ever ready advocate sitteth at the right hand of God, the Father, as the only all-powerful mediator and intercessor to secure for them that cherished and merited judgment, "Well done, thou good and faithful servant; enter thou into the joy of thy Lord."

The summons was served upon three of our respected members. Death came to them in the evening of life, after the burden and heat of the day. The vigor of manhood had been devoted to the performance of duty as lawyers, judges, citizens and men, earnestly contributing to the advancement of civilization and the development of the state to the great benefit of this and succeeding generations. They worked, wrote and spake in the courts, in the councils of their fellow citizens, molding and shaping by their influence the destinies of all nations.

We pay them a tribute to their memory in the feeble words of this report; we record their names upon the death roll in token of the esteem and respect in which we held them while mingling in our deliberations. A grateful nation shows its appreciation of the services of its heroic dead by the beautiful custom of decorating the graves with floral offerings each returning spring time, not alone to keep fresh in our memories their noble deeds in time of war, but to instill into the hearts of coming generations

lessons of patriotism and love of country. So we, with subdued hearts and softening affections, pay a loving tribute to our dead that the records of this Association may testify to succeeding generations their many estimable virtues as exemplified in their long and useful lives, and serve as an inspiration to succeeding generations, influencing them to higher ambitions, nobler thoughts, purer lives and holier ideals.

"Earth's transitory things decay,
Its pomps, its pleasures, pass away;
But the sweet memory of the good
Survives in the vicissitude.

So, through the ocean tide of years,
The memory of the just appears;
So, through the tempest and the gloom,
The good man's virtues light the tomb."

JUDGE THEODORE A. HURD.

On the morning of February 22nd, 1899, the spirit of this distinguished and honored member of the State Bar Association answered the call of the Dark Angel of Death and left its earthly tenement.

Ripe in years, rich in experience, powerful in influence, almost eighty years of the century unfolded its pages of history during the life of Judge Hurd. He was born in Pawling, Dutchess county, New York, December 21st, 1819. Graduated in the class of 1847 of the law department of the University at Utica, N. Y., admitted to the bar the same year. He immediately engaged in the practice of his profession with B. Davis Noxon of Utica and later became the law partner of Judge Joshua A. Spencer, one of the eminent jurists and distinguished lawyers of the state of New York. He came to Kansas in 1859 and located in Leavenworth where he diligently pursued the practice of his profession, and by and through his influence as a lawyer, judge and citizen assisted in founding and building up a great commonwealth.

His ability as a lawyer was recognized at home and abroad and was in continual demand by large corporations and wealthy clients having important interests in the state. For years from the building of the Kansas Pacific railroad and long after it was merged into the Union Pacific--Judge Hurd was its trusted attorney. His ability is also manifested in the able opinions written by him while occupying the exalted position of associate justice of the supreme court of the state of Kansas, which serve as a valuable contribution to the legal library of the state.

The Leavenworth Bar Association unanimously adopted the following resolution, which we are pleased to make a part of this record:

Resolved, That the sudden passing away of the Hon. T. A. Hurd arrests attention far and near and saddens the reflections of his associates. Never more sincerely than now has the bar of Leavenworth paid tribute to the memory of a deceased brother.

Distinguished for his probity, with unfailing courtesy, and free from the

asperities of the law, he won the good opinion of all who knew him. His diligence and assiduity were remarkable, commanding the respect of clients and acquaintances, and insured the professional success he signally deserved. In trial courts his familiarity with the practice, together with the polish that comes from association with the most accomplished lawyers of his day, taught lessons in grace, dignity and decorum to the younger members of the bar. He treated the court with just respect, cited industriously, and fairly applied the law. Before the courts of last resort his ripe attainments and/ well known character for candor and honest discrimination gave him audience and consideration second to none.

His appointment as associate justice of the supreme court of Kansas, and his services as such, met with universal approval.

Interested in the press of his city, he never countenanced carping criticism, personal bitterness, or partisan abuse. Grown familar to our citizens by uninterrupted attendance at his office and the courts for a period beyond the lot of most, he will long be missed and longer regretted by all. Obedient to duty, faithful to every trust, ever ready to counsel or advise, it is hard to realize that he is gone, yet

"Will he obey when one commands?

Or answer should you press his hands?
He answers not, nor understands."