John J. McGilvra
Encyclopedia
Seattle, Washington
Seattle is the county seat of King County, Washington. With 608,660 residents as of the 2010 Census, Seattle is the largest city in the Northwestern United States. The Seattle metropolitan area of about 3.4 million inhabitants is the 15th largest metropolitan area in the country...
. Rev. H.K. Hines, D.D. in An Illustrated History of the State of Washington (1893) described him as "the oldest member of the legal profession in Seattle, Washington, both in years and practice" and "the father of the Seattle bar."
Overview of life
McGilvra's family was originally of Scottish origin (Clan MacgillivrayClan Macgillivray
Clan Macgillivray is a Scottish clan. The clan does not currently have a chief therefore it is considered an Armigerous clan.-Origins of the clan:...
). His great-grandfather emigrated to the American colonies prior to the United States Revolutionary War, and settled in New York State.
McGilvra's parents, John and Margaret (Grant) McGilvra, were natives of New York, and settled after their marriage, in Livingston County, New York
Livingston County, New York
As of the census of 2000, there were 64,328 people, 22,150 households, and 15,349 families residing in the county. The population density was 102 people per square mile . There were 24,023 housing units at an average density of 38 per square mile...
. There McGilvra was born July 11, 1827. He was reared on the farm and attended the schools of that county until 1844, when he moved with his parents to Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, where he taught school for several winters, and in the summer attended the seminary at Elgin, Illinois
Elgin, Illinois
Elgin is a city in northern Illinois located roughly northwest of Chicago on the Fox River. Most of Elgin lies within Kane County, Illinois, with a portion in Cook County, Illinois...
.
McGilvra commenced the study of law in 1850, under the direction of Edward Gifford, a graduate of Yale College
Yale College
Yale College was the official name of Yale University from 1718 to 1887. The name now refers to the undergraduate part of the university. Each undergraduate student is assigned to one of 12 residential colleges.-Residential colleges:...
and the Cambridge Law School. He finished his studies in Chicago, Illinois under Ebenezer Peek, subsequently one of the Judges of the Court of Claims, and was admitted to the bar in 1853. He at once entered into practice, and was quite successful. He was married in Chicago in 1855 to Elizabeth M. Hills, a native of Oneida County, New York
Oneida County, New York
Oneida County is a county located in the U.S. state of New York. As of the 2010 census, the population was 234,878. The county seat is Utica. The name is in honor of the Oneida, an Iroquoian tribe that formerly occupied the region....
. They were to have three children: Carrie E., later the wife of Judge Thomas Burke; Oliver O.; and Lillian. He did not engage in politics except to show his colors in private conversation and at the polls; but, having known President Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
for a number of years, he was appointed by him in 1861 as the United States Attorney for the Territory of Washington. He arrived with his family in Olympia, Washington
Olympia, Washington
Olympia is the capital city of the U.S. state of Washington and the county seat of Thurston County. It was incorporated on January 28, 1859. The population was 46,478 at the 2010 census...
in June 1861.
The Territory then embraced the three northern counties of Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
as well as the present Washington State, and contained a population of less than 12,000. He traveled over the Territory twice a year, attending courts, in many instances prosecuting for the Territory, and looking after such civil business as came in his way, as well as conducting the business of the United States, which kept him busily occupied. Having an extensive practice and becoming weary of so much travel, he settled in Seattle in 1864, and declined a reappointment, although he was not relieved until the following year. He was the first resident attorney who settled in Seattle, and for many years was on one side of nearly every case on the docket. He practiced his profession in King
King County, Washington
King County is a county located in the U.S. state of Washington. The population in the 2010 census was 1,931,249. King is the most populous county in Washington, and the 14th most populous in the United States....
and adjoining counties until about 1890, when he withdrew from the firm of McGilvra, Blain & DeVries, and retired from practice. He maintained a primary residence in Seattle until his death in 1903, although he traveled extensively in the United States and Europe.
Legal career
McGilvra served one term in the Territorial Legislature of 1866–67, and during the session procured an appropriation of US$2,500 for a wagon road across the Cascade Mountains through the Snoqualmie PassSnoqualmie Pass
Snoqualmie Pass is a mountain pass that carries Interstate 90 through the Cascade Range in the U.S. State of Washington. The elevation of the pass summit is , and is on the county line between Kittitas County and King County...
. This amount was supplemented by an appropriation of like amount from King County and by later appropriations and contributions the road was kept open, and for many years was the only means of communication across the Cascade Mountains north of the Columbia River
Columbia River
The Columbia River is the largest river in the Pacific Northwest region of North America. The river rises in the Rocky Mountains of British Columbia, Canada, flows northwest and then south into the U.S. state of Washington, then turns west to form most of the border between Washington and the state...
.
In 1873, immediately after the location of the Northern Pacific Railway
Northern Pacific Railway
The Northern Pacific Railway was a railway that operated in the west along the Canadian border of the United States. Construction began in 1870 and the main line opened all the way from the Great Lakes to the Pacific when former president Ulysses S. Grant drove in the final "golden spike" in...
terminus at Tacoma, Washington
Tacoma, Washington
Tacoma is a mid-sized urban port city and the county seat of Pierce County, Washington, United States. The city is on Washington's Puget Sound, southwest of Seattle, northeast of the state capital, Olympia, and northwest of Mount Rainier National Park. The population was 198,397, according to...
Judge McGilvra, with others, proceeded to organize the Seattle & Walla Walla Railroad Company. He drew the articles of incorporation and all the papers and documents connected with that enterprise, and served as the attorney of the incorporation some two years without compensation. The people of Seattle, entirely unaided by capital from abroad, constructed and put into operation twenty-one miles of road from Seattle to Newcastle, Washington
Newcastle, Washington
Newcastle is an Eastside city in King County, Washington, United States. Its population was 10,380 at the 2010 census.Although Newcastle was not incorporated until 1994, it has been an important settlement and town since the late 19th century and played a major role in the development of Seattle...
coal mines. Subsequently they carried another branch of road up the Cedar River
Cedar River (Washington)
The Cedar River is a river in the U.S. state of Washington. About long, it originates in the Cascade Range and flows generally west and northwest, emptying into the southern end of Lake Washington...
to the Black Diamond
Black Diamond, Washington
Black Diamond is a city in King County, Washington, United States. The population was 4,151 at the 2010 census.Based on per capita income, one of the more reliable measures of affluence, Black Diamond ranks 64th of 522 areas in the state of Washington to be ranked.-History:Black Diamond was...
and Franklin coal mines. That enterprise, which was undertaken at a critical time in the history of Seattle, had the effect to stay the confidence of the citizens, and assisted materially in building up the town in spite of all opposition, and the discrimination against it by the Northern Pacific Railroad.
In 1876 the Northern Pacific Railroad abandoned its northern line, the Skagit Branch through Skagit Pass (now known as Cascade Pass
Cascade Pass
Cascade Pass is a mountain pass over the northern Cascade Range, east of Marblemount, Washington, U.S....
), and located its road south of Mount Rainier
Mount Rainier
Mount Rainier is a massive stratovolcano located southeast of Seattle in the state of Washington, United States. It is the most topographically prominent mountain in the contiguous United States and the Cascade Volcanic Arc, with a summit elevation of . Mt. Rainier is considered one of the most...
, through what was known as Packwood or Cowlitz Pass. Their checkerboarded railroad grants extended throughout almost the entire Territory allowing them to block other rail routes, including the abandoned Skagit Pass route. In Seattle, this became the subject of public agitation. Funds were raised and Judge McGilvra was sent to Washington, where he passed two winters in an effort to procure a restoration of those lands to the public domain in the interests of settlers.
The Judge was offered every possible facility for doing effective work before Congress. He was given the privilege of the floor of the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
by the Speaker
Speaker of the United States House of Representatives
The Speaker of the United States House of Representatives, or Speaker of the House, is the presiding officer of the United States House of Representatives...
, and, through the courtesy of Senator John H. Mitchell
John H. Mitchell
John Hipple Mitchell, also known as John Mitchell Hipple, John H. Mitchell, or J. H. Mitchell was a controversial American lawyer and politician, who served as a Republican United States Senator from Oregon on three occasions between 1872 and 1905...
of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, he had practically the same privilege on the floor of the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. He appeared before each committee of the Senate and House to which the various bills introduced upon this subject were referred, and made oral arguments and submitted printed briefs, and finally succeeded in restoring to settlement those lands, amounting to upward of 5000000 acres (20,234.3 km²). Judge Orange Jacobs
Orange Jacobs
Orange Jacobs was a Delegate from the Territory of Washington.Born near Geneseo, New York, Jacobs moved with his parents to Michigan Territory in 1831....
, then delegate from Washington, assisted in this work.
While he was City Attorney of the city of Seattle, in 1876 and '77, the east half of the Maynard
David Swinson Maynard
David Swinson "Doc" Maynard was an American pioneer and doctor, and one of Seattle's primary founders. He was an effective civic booster and, compared to other white settlers, a relative advocate of Native American rights...
donation claim, embracing 320 acres (1.3 km²) now in the heart of the city, was declared to be vacant public land by the Commissioner of the General Land Office. The city of Seattle applied to enter these lands under the town-site laws. As City Attorney, Judge McGilvra made the application and argued the case before the Register and Receiver of the Land Office
General Land Office
The General Land Office was an independent agency of the United States government responsible for public domain lands in the United States. It was created in 1812 to take over functions previously conducted by the United States Department of the Treasury...
at Olympia. There were several contestants who had filed homestead
Homestead principle
The homestead principle in law is the concept that one can gain ownership of a natural thing that currently has no owner by using it or building something out of it...
and pre-emption claims on the same lands.
Obtaining a favorable decision from the Land Office, the case was appealed to the Commissioner of the General Land Office
General Land Office
The General Land Office was an independent agency of the United States government responsible for public domain lands in the United States. It was created in 1812 to take over functions previously conducted by the United States Department of the Treasury...
, who affirmed the decision of the local land office. Subsequently, and after the expiration of Judge McGilvra's term of office, the case was complicated by the intervention of other parties claiming the right to locate the land with Valentine scrip. The result was that the city finally lost the case through the inattention or incompetency of the attorney who represented the case.
Among McGilvra's business partners in his law firms were James McNaught, who served in the 1890s as attorney for the Northern Pacific Railroad Company; and his son-in-law Judge Thomas Burke.
After retiring, McGilvra retained an office in Seattle and continued to be involved in projects for the city's and state's improvement. In the early 1890s he was opposed to Seattle's then proposed system of parks and boulevards, which he saw as a massive government subsidy to real-estate men. Despite McGilvra's opposition, that plan eventually came together in the Olmsted
Olmsted Brothers
The Olmsted Brothers company was an influential landscape design firm in the United States, formed in 1898 by stepbrothers John Charles Olmsted and Frederick Law Olmsted, Jr. .-History:...
Plan; see Seattle Parks and Recreation
Seattle Parks and Recreation
Seattle Parks and Recreation is the department of government of the city of Seattle, Washington, responsible for maintaining the city's parks, open space, and community centers.The total area of the properties maintained by the department is over , which makes up approximately 11% of the total...
.
In retirement, McGilvra spent much of his time traveling with his family, and visited nearly all portions of the Pacific Coast of North America, from Alaska to Mexico CIty, also many portions of the interior and Atlantic coast as far south as Florida. He also visited England, Scotland, France, Switzerland, Austria, Germany and Belgium. Letters written on his European trip were published in the Seattle papers.
Land dealings
In 1864, McGilvra purchased 420 acres (1.7 km²) of land bordering Lake WashingtonLake Washington
Lake Washington is a large freshwater lake adjacent to the city of Seattle. It is the largest lake in King County and the second largest in the state of Washington, after Lake Chelan. It is bordered by the cities of Seattle on the west, Bellevue and Kirkland on the east, Renton on the south and...
and constructed the Lake Washington wagon road, now Madison Street, at a personal expense of $l,500. To this day, Madison Street the only direct route from Lake Washington to Elliott Bay
Elliott Bay
Elliott Bay is the body of water on which Seattle, Washington, is located. A line drawn from Alki Point in the south to West Point in the north serves to mark the generally accepted division between the bay and the open sound...
in Downtown Seattle. He continued to improve his property, and was one of the first contributors to the Madison Street cable road
Cable car
A cable car is any of a variety of transportation systems relying on cables to pull vehicles along or lower them at a steady rate, or a vehicle on these systems.-Aerial lift:Aerial lifts where the vehicle is suspended in the air from a cable:...
, which he subsidized by giving twenty-one acres of property on Lake Washington for park and terminal facilities.
Legacy
McGilvra is remembered today in the names of Seattle's McGilvra Elementary School and McGilvra Boulevard (both near Madison ParkMadison Park, Seattle, Washington
Madison Park is a neighborhood in east central Seattle, Washington, USA, named after the city park at the foot of E. Madison Street on the Lake Washington shore. It is bounded on the east by Lake Washington; on the south by the intersection of Lake Washington Boulevard E...
.