Early judges deserve respect

When I opened this newspaper Monday morning and read the article about the County Commission’s plans to remove the portraits of nine of Douglas County’s founding district judges, I was overcome by a sense of irony. Just as Lawrence enters into the celebrations of its sesquicentennial, our county commissioners have decided that the portraits of our ancestors are no longer worthy of display in the old courthouse, and one commissioner believes that these men (yes, they are all men) were “just a ‘bunch of old white guys.'”

My second thought was that the commissioners might want to avoid visiting Oak Hill Cemetery because the spirits there are, no doubt, angry.

The reason for the removal of the portraits is to make room for a new high-tech projection system. I cannot dispute the need for this, and, indeed, it may well be that the only way to accomplish this is to remove these portraits. But there is no justification for dismissing these great men as “just a bunch of old white guys.” Lawrence would not be what it is today had not these men dedicated their lives to this community. Even “old white guys” can be great. Lincoln was an “old white guy.” For the benefit of the commissioners, I thought I’d remind folks of some of what these men accomplished.

Solon O. Thacher was a district judge for Douglas County from 1861 to 1864. But this was hardly his only accomplishment. He was active in the struggle to keep slavery out of Kansas during the territorial period. Indeed, he was one of the greatest Kansans of this turbulent period. David Dary quotes William Allen White’s discussion of the importance of the Oak Hill Cemetery, where Judge Thacher is buried:

“Solon Thacher, who drafted the Constitution of Kansas in his own hand and as chairman of the constitutional convention had much to do with framing it and carrying it to the people, is interred there. Thacher gave Kansas the Topeka Constitution, the constitution which barred slavery from Kansas. … If there is hallowed ground in Kansas, it is where these old heroes rest.”

Nelson Timothy Stephens, a district judge from 1877-1884, was another Lawrence lawyer and judge who gave much to the community. The law school at KU would not exist but for the efforts of Judge Stephens. It was at his suggestion that the plan for the law school was first entered upon, and it was his son-in-law, James Green, who was the first dean of the law school. His daughter Kate Stephens was one of the earliest woman professors at KU and was a friend and associate of Susan B. Anthony.

Judge Hugh Means, who served the county as a judge for nearly 40 years was instrumental in advancing the cause of family law in Douglas County and in Kansas as a whole and was so admired as a judge and a man that the Lawrence “Inn of Court,” a lawyers’ association dedicated to maintaining and preserving the highest ethical standards of the bar is named after him. I could go on for pages about all of the men whose portraits are to be removed and whose memories have been trivialized, but there is not space here.

Progress is unstoppable. But progress which forgets or dishonors our past without cause is not a step forward but a step back. The commissioners are certainly correct that Lawrence is a diverse community and has been since its founding. And we are a better community because of that diversity. But true diversity does not disparage one group in favor of another. It is no more justifiable to dismiss white men as it is to dismiss black women or anyone else because of their race, religion, or ethnic origins.

By all means, let us honor others who have played a role in building Lawrence, but let’s not do so by dishonoring the memory of others. This year we are all celebrating our 150th anniversary. We will have numerous events, including Chatauqua in June, to remind us of our past and all that our ancestors have given us. Let’s not mar these celebrations by thoughtless remarks. Perhaps our commissioners might like to sponsor a lecture on Lawrence history for themselves, so that they can have a greater appreciation of just how much we owe that “bunch of old white guys.”

As I’ve said, progress is unstoppable. Sometimes it comes at a cost. Perhaps the portraits of these old judges must be removed and moved elsewhere. But, if we must, let us do it reverently and remember that in this year of our sesquicentennial, men like Solon Thacher, Nelson Timothy Stephens, and Hugh Means, deserve not only to be remembered but remembered with gratitude for their legacy which we all enjoy.


Mike Hoeflich is a professor in the Kansas University law school.