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REPORT OF THE COMMITTEE ON MEMORIALS. To the President of the Georgia Bar Association: Sir:

As Chairman of the Committee on Memorials, I beg leave to report that during the last official year eight of our brethren have departed this life.

I herewith submit the memorials of these deceased brethren.

At the last session of this Association Hon. Clifford Walker made a motion that the Chairman of the Committee on Memorials at the present session be requested to prepare a list of the members of the bar who lost their lives in the military and naval service during the war with Germany, which motion was carried. I have prepared such a list and it is attached to this report and marked “Exhibit.”

Respectfully submitted,

A. W. COZART, Chairman.





OF SERVICE Battey, Louis LeGarde......... Augusta. ....Captain, Infantry.

(Killed in Meuse-Argonne offensive, Oct. 11, 1918.) Johnson, Edw. Hammond....... Athens...... Major, Infantry. George, Calvin................. Atlanta..... 2nd Lieut., Infantry.

(Killed near Soissons.) Montgomery, Chas. D., Ír...... Atlanta......1st Lieut., Machine Gun.

(Ki'led in Meuse-Argonne

offensive.) Forney, Adrian Kenneth....... Thomson.... 1st Lieut., Aviation. Keiffer, Allen N................Springfield...Yeoman, Navy. Beasley, Tom Reid.............Reidsville. ...1st Lieut., Infantry.


BY THE COMMITTEE.* May it Please the Court:

On the morning of September 26th, 1919, the date of Judge Pardee's death, the Atlanta Bar Association met in this building and appointed the undersigned, a Committee, to prepare such resolutions with reference to his life and services as might be deemed appropriate. This Committee, in pursuance of its duty, has prepared the following, which, according to its instructions, it now presents with the request that your Honors, by proper order, will direct it to be entered on the minutes of this Court of which Judge Pardee was so long the Senior Judge:

Don Albert Pardee was born in Wadsworth, Medina County, Ohio, on the 29th day of March, 1837. His father, Aaron Pardee, was a practicing lawyer of that place and was a native of Marcellus (now Skaneateles), N. Y., and his mother, Evelyn Eyles Pardee, was a native of Kent, Litchfield County, Connecticut.

Judge Pardee received his early education in the common schools of Medina County, Ohio, and later, in 1854, entered the United States Naval Academy at Annapolis, and continued his work there until 1857, when he resigned because of ill health and returned to his native town and began the study of law in his father's office. He was admitted to the practice of law in Medina County, Ohio, in 1859.

On February 3rd, 1861, he was married to Miss Julia E. Hard, of Wadsworth, Ohio. When the war between the states began, he felt called upon to abandon his pro

* When the Committee began the preparation of the memorial to Judge Pardee, it procured from the records of the United States Court in Atlanta the memorial prepared by a Committee of the Atlanta Bar Association. That memorial was so ably prepared that the Committee deemed it wise to adopt it without change. It is submitted here as so adopted.

fessional career, just begun, and to enlist as a volunteer in the Forty-second Ohio Regiment of Infantry, of which he was, on October 27th, 1861, commissioned as Major. On March 14th, 1862, he was made Lieutenant-Colonel of his regiment and on March 13th, 1865, he was brevetted Colonel of Volunteers and Brigadier-General of Volunteers "for gallant and meritorious services during the war”. President James A. Garfield was the first Colonel of his regiment and the late General Lionel A. Sheldon was its first Lieutenant-Colonel. Col. Pardee served under Gen. Garfield in the campaign of Sandy Valley, under Gen. Morgan at Cumberland Gap and under Gen. Cox in the Kanahwa Valley Campaign.

In the fall of 1862, his regiment was transferred to the Army of the Mississippi, where he won merited praise for his valor, and skillful leadership at Vicksburg and Port Gibson. On May 19th and May 22nd, 1862, Col. Pardee led his regiment in an attack on the works at Vicksburg and distinguished himself for courage and coolness, and at Port Gibson for meritorious services, he was promoted to the position of Inspector General on the staff of General McClernand.

In Louisiana, in September, 1863, while on the sick and convalescent list, Col. Pardee was appointed ProvostMarshal of Baton Rouge, in which position he served for about one year. Toward the close of the Civil War, in December, 1864, the Forty-second Ohio went to Arkansas, where it was mustered out of service.

In January, 1865, Col. Pardee went to New Orleans and made that place his home and resumed there the practice of his profession. He was appointed Register in Bankruptcy in 1867 and in 1868 he was elected Judge of the Second Judicial District Court of Louisiana, with jurisdiction over Jefferson, St. Bernard and Plaquemine Parishes. He was elected to this position for three successive terms of four years each and thus held it for twelve years.

He was elected a member of the Louisiana Constitutional Convention of 1879, defeating the Hon. Jas. B. Eustis for that position.

In 1880, at the expiration of his last term as Judge in the State of Louisiana, he became his party's candidate for the Attorney-Generalship of that State. On May 13th, 1881, President Garfield appointed him Judge of the United States Circuit Court for the Fifth Circuit, comprising the States of Georgia, Florida, Alabama, Mississippi, Louisiana and Texas.

On June 14th, 1898, Judge Pardee was married to his second wife, Mrs. Frances Cunningham Wells, of Atlanta, who survives him. After June, 1898, he made Atlanta his home.

He led his class at Annapolis, and he continued to be a leader throughout his life, but he was best known as a judge. His judicial career is quite notable in many respects. It was begun in a state where the Civil Law prevailed, whereas his legal education was in a common-law state. He went to Louisiana with the Federal army and necessarily met the antagonisms that a suffering people always manifest toward an overpowering, invading enemy, and to undertake, under these circumstances, to pass upon their rights of life, liberty and property presented difficulties from which any man would have shrunk except one who was perfectly conscious of the power to see the right, and of a fixed purpose to do it. If fears at first existed that he was not sufficiently in sympathy with the country over which his jurisdiction extended, they soon passed away and in a short time he had the confidence and respect of the bar and the people. Resolutions concerning him, recently adopted by the Bar of New Orleans, contain the statement that “no complaints were ever heard that he had neglected the law of Louisiana for the common law in which he had been educated”. His appointment to the Federal Bench opened a field that was quite new to him, but he again met the demands made upon his ability, and his temper as a judge. During his service many of our railroads were compelled to pass through receiverships, many of which were administered by Judge Pardee as Circuit Judge, and in this work he showed very marked ability. He was as well informed as to the rules and practice pertaining to such matters as any of the able judges that have graced our Federal Bench. His judicial work covered an unusually long period. He served as United States Judge more than thirtyeight years. His opinions begin with the eighth volume of the Federal Reporter and continue, without a break, up to and including the two hundred and fifty-eighth volume.

All the judges who with him composed the first United States Circuit Court of Appeals, for the Fifth Circuit, organized in 1891, and all the judges who were members of the United States Supreme Court at that time, preceded him to the grave, most of them by many years. For a long time he was the oldest in commission of any of the Circuit or other United States Judges. The oldest commission held by any Circuit Judge was younger than Judge Pardee's commission, at the time of his death, by more than ten years. And yet, to the end, he performed his duties with wonderful constancy; and his last conscious moment, which preceded his last breath by only a few hours, was spent in his office in this building in attending to his duties pertaining to the coming session of the United States Circuit Court of Appeals of the Fifth Circuit.

During the more than fifty years he was on the State and Federal Bench, he never committed or tried a lawyer for contempt. In a short note found among his papers, written more than seven years ago, appears the following characteristic statement in his hand-writing:

“For thirty-one years I have been officially connected with twenty-nine district judges, and two other circuit

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