Against this theory, it was ably contended by leading lawyers that there was no such thing as an unexpired term of a District Judge-that upon a resignation the Governor's appointee filled the vacancy until the next general election, and that every District Judge, elected by the people, held for six years.

Judge Hager adhered to this last view, but he did not desire any contest. over his seat. He would have let Judge Burbank take the office but for the fact that John B. Felton and other leading members of the bar volunteered to contest the question, or, in other words, they told him if he did not do so, they would. The matter was taken before the Twelfth District Court (Edward Norton, Judge), where pro forma decision was made that Judge Burbank was entitled to the office. An appeal was taken by Messrs. Felton and McAllister, and it was argued in the Supreme Court by those gentlemen for Judge Hager, and by Messrs. Hoge & Wilson for Judge Burbank. Supreme Court awarded the office to Judge Hager, and he served out the term. (12 Cal., 378).

Since retiring from the bench Judge Hager has made three trips to Europe and spent about three years in traveling through portions of Europe, Asia and Africa.

About a year and a half after his first return home from abroad, he was elected as a Democrat, in 1865, to the State senate, at a special election, to fill a vacancy caused by the resignation of John H. Redington. His Republican opponent was William H. Sharp, the lawyer. Two years later, he was elected for a full senatorial term of four years, He has served in the State senate during five sessions, and, during the greatest part of his service he was Chairman of the judiciary committee, and all of the most important bills went into his hands. He voted against all subsidy bills, including the proposed San Francisco million dollars donation to the Southern Pacific Railroad-on the ground that subsidies are wrong in principle, that the legislature has no right to tax the people to build railroads for private individuals. He it was who killed the proposed new charter for Oakland, at the session of 1867-8. The bill had passed the assembly, and coming to the senate Judge. Hager asked for time to consider its merits. Its consideration being postponed, he examined it closely, with the employed assistance of a civil engineer, who drew a chart of the Oakland water front as it then was and as it would be under the proposed charter. The chart spoiled the charter—the iniquity of the proposed measure was revealed. Nearly the whole of San Francisco harbor was to be given to Oakland. The new charter line ran across the bay to Hunter's point, thence closely along the San Francisco wharves and took in Goat and Alcatraz islands and all the anchorage ground in front of the city of San Francisco. Nor would San Francisco's loss have been Oakland's gain. The whole territory granted by the proposed bill

would have gone into private hands-that is, to those who claimed the Oakland water front, as the grantees of that city, to whom by the terms of the bill it was given.

He was chairman of the joint committee of the senate and assembly on the bills to establish the University of California. He was the friend and advocate of the University, and materially assisted in the passage of the billestablishing that institution; also, was he instrumental in obtaining appropriations to defray the expenses of the University and for its endowment. He never neglected an opportunity to aid in promoting the efficiency of our common schools, and his zeal in the cause of popular education has been constantly exhibited throughout his long legislative career.

In 1872, Judge Hager was elected United States Senator to fill the vacancy caused by the resignation of Hon. Eugene Casserly. At the same session Hon. Newton Booth was chosen for the long term, to follow Judge Hager. It will be recalled there was unexampled confusion in politics at that time. Messrs. Booth and Hager were elected as anti-monopolists. Hon. James T. Farley, Democrat, was pitted against Governor Booth, and Hon. Jas. McM. Shafter, Republican, against Judge Hager.

It has been publicly asserted that Hon. John F. Miller is the only man ever elected to the United States senate who did not personally visit the capital pending the election. It is a fact that Judge Hager remained at his home in San Francisco during the whole of the session at which he was elected Senator. He resisted all importunities to visit the capital. He was mentioned in caucus as the long term candidate against Booth, but specially requested the withdrawal of his name. This was done, but he was, as stated, chosen in Democratic caucus for the short term, an event he did not anticipate.

He served two sessions in the federal senate, serving on the committees on Pacific Railroads, Territories, and Patents. True to his anti-subsidy principles, he made his influence powerfully felt in the committee first named. Several subsidy bills were referred to that committee, and their favorable recommendation defeated by a tie vote, the Judge voting and speaking against them all.

In the senate of this State he had voted for the Thirteenth Amendment to the federal constitution (abolishing slavery). In that body he had voted against the Fifteenth Amendment (universal suffrage). On the latter question he delivered a well considered, forcible and dispassionate speech, in which he treated his theme with a fullness of investigation, a breadth of view and a logical power highly creditable to American statesmanship. In the senate of the United States he took occasion to quote from this speech in his remarks on the "Louisiana Case." He then proceeded to observe: "Although entertaining these views at that time, I bow to the supremacy of the consti

tution, and accept the negro as a citizen and a voter, and as our equal before the law. I am willing to give him words of encouragement, and, if he proves himself our equal physically, mentally and intellectually, I will rejoice. If he outstrips us in the race for supremacy, I shall be willing to yield him the palm!"

During the two sessions of the 43d Congress while he was a member of the senate, he largely engaged in the current debates, and his speeches on Chinese immigration, the currency question, the Louisiana case, involving the admission of Pinchback, colored, as a senator, and various other topics, are fully reported in the "Congressional Record."

Judge Hager became a regent of the State University soon after its establishment, and has ever since continued such. He is punctual in his attendance at meetings of the Board of Regents, and has always manifested a deep interest in the prosperity of this institution of learning, which has become the pride and glory of the State. He is a life member of the Society of California Pioneers, and has been a trustee of the San Francisco Free Library since its establishment. Since he returned from the federal senate he was elected from the State at large as a member of the Convention to form a new constitution for the State of California (1879). He was no drone in that body, but was an active, intelligent worker and thinker. The printed minutes of the proceedings and of debates show the thoughtful consideration which he gave to all propositions which came before the convention, and they testify to his readiness in debate, the correctness of his judgment, and the wisdom of his counsel.

It should be added that he was an active member of the Committee of One Hundred, which in 1871 was organized to oppose the acquisition of Goat Island by the railroad company, and to promote the scheme of building a people's transcontinental railroad to compete with the Central Pacific.

Judge Hager married in October, 1872, at St. Louis, Missouri, the daughter of James H. Lucas, one of the most opulent citizens of that city, who was the capitalist of the banking-house of Lucas, Turner & Co., for a long time doing business under the management of General Sherman in San Francisco. He has two children, having lost one. His wife's father was a son of John B. C. Lucas, who was born in Normandy, France, 1762, emigrated to the United States and settled in Pennsylvania, represented that State in Congress, was appointed by President Jefferson Judge of the United States court in Upper Louisiana, and who died in St. Louis at a great age.

When in 1882 the two great political parties wisely agreed, through their representatives assembled in conventions, that a new charter was needed for the government of the city and county of San Francisco, and that the body of freeholders to be selected to frame that instrument should be lifted above the atmosphere of partisan strife, having each designated seven

men out of fifteen freeholders as members of the Charter Convention, they united, without one whisper of dissent, upon Judge Hager, as the fifteenth and crowning constituent of the body. He was elected and served as President. And all the people said, Amen!

Judge Hager's latest public trust was the office of Collector of Customs at San Francisco. To this he was appointed by President Cleveland in 1885. The appointment was a surprise to him, but he accepted and took charge of the Custom House on November 2, 1885. He served three and a half years, resigning immediately after the inauguration of President Cleveland's successor in March, 1889.

The Judge is a man of grave aspect, quiet demeanor, deliberate in speech, exact in expression, of vigorous mental activity, given to contemplation, and his flow of thought is clear, deep, and strong. He is exceptionally judicial in his temperament, his jury charges and his opinions from the bench manifesting a poise of judgment which few men possess.

Physically he is a fine specimen of manhood, standing six feet high, with a shapely head, and powerful yet symmetrical frame. His ancestors were distinguished for longevity-his father attained the age of eighty-two-and now in 1889, at the age of 73, the Judge seems to have just reached the prime of life, and many golden summers, in the ordinary course of nature, would seem to be in store for him. Blest in his home and surroundings, honored by his fellow men, having all earthly delights within his grasp, yet simple in his tastes and moral in his habits, possessing the art of using the world without abusing it, his life is full of instruction, and his example is "a bright and shining light."

CHAPTER XXIX.

W. W. Stow-Our Only Whig Speaker of Assembly-A Carefully Drawn Pen Picture by Rev. J. H. C. Bonte-A Remarkable Man with a Long Period-An Analysis by a Student of Character-The Secret of His Great Power in Politics and Legislation-An Amusing Story of an Early-Day Law Trial.

Although Mr. Stow was the first public man I ever knew, I have never known him other than as he is known to the public. His character, however, was studied some years ago by Rev. J. H. C. Bonte, and I shall present to my readers that gentleman's delineation, by his kind consent promptly accorded.

I may premise a little. I was a looker-on in the lower house of the legislature as far back as January, 1855, when Mr. Stow, a member from Santa Cruz County, was escorted to the Speaker's chair and took the gavel. It is the only instance in our history of a Whig in that position. He had been in the same body at the session of 1854, one of ten Whigs out of eighty members, and voted for B. D. Horr for speaker against Charles S. Fairfax, Democrat, who received sixty votes.

When Mr. Stow was elected speaker in 1855, it was upon the third ballot. The Democratic caucus nominee was Asa Kinney, of Plumas. The first and second ballots stood Kinney 35, Stow 32, scattering 6; the third ballot, Stow 38, Kinney 34.

Mr. Stow is a native of New York State and was born in 1824. A year or two after his election to the speakership of the assembly, as stated, he removed from Santa Cruz to San Francisco and formed a law partnership with Harvey S. Brown, which continued a few years. He then associated himself with William H. Patterson, and the two were shortly joined by William T. Wallace who had been Attorney-General and who came from San Jose. The combination was a formidable one, and during its existence Mr. Stow did his principal work as a practicing lawyer. It terminated upon General Wallace's elevation to the Supreme bench. Mr. Stow and Mr. Patterson separated in 1871, a few years before the latter's death, and the former has since been alone in his legal practice.

I now present Mr. Bonte's picture:

Several weeks ago, while analyzing senators, I determined that I would study W. W. Stow, who is certainly one of the remarkable men of the Pacific Coast. At first I was daunted by the difficulties in my way, but my desires increased with the obstacles to be overcome, and I now rejoice in a reasonable degree of success. That my readers may consider the opportunities enjoyed, I will explain how I captured Mr. Stow. I knew very well that any formal effort to interview him would end in discomfiture, and