G. C. Moody Biography This biography appears on pages 605-609 in "History of South Dakota" by Doane Robinson, Vol. I (1904) and was scanned, OCRed and edited by Maurice Krueger, mkrueger@iw.net. This file may be freely copied by individuals and non-profit organizations for their private use. Any other use, including publication, storage in a retrieval system, or transmission by electronic, mechanical, or other means requires the written approval of the file's author. This file is part of the SDGENWEB Archives. If you arrived here inside a frame or from a link from somewhere else, our front door is at http://www.usgwarchives.net/sd/sdfiles.htm An engraving and the signature of G. C. Moody faces page 605 HON. GIDEON C. MOODY The strong, true men of a people are always public benefactors. Their usefulness in the immediate and specific labors they perform can be defined by metes and bounds. The good they do through the forces they put in motion, and through the inspiration of their presence and example, is immeasurable by any finite gauge or standard of value. The death of any one of such men is a public calamity, because by it the country loses not only his active energy but the stimulus and fecundating power of his personal influence. There is, however, some compensation for this loss in the memory of his services, the effect of his example and the continuing fruitfulness of the activities he quickened into life. The late Gideon C. Moody, of South Dakota, was such a man. To epitomize his life and character within the limits which this work allows is impossible to mortal utterance. The stalwart proportions of his living presence are vividly realized by the void his death has made. But less than most men intellectually his equal does he need the voice of eulogy. The clearness of his purposes, the soundness of his judgment his ample sweep of vision. his tireless activity his indomitable will his great achievements, his unending uprightness of character, have impressed "the very age and body of the time!" making his life a force that cannot die. Senator Moody was born at Cortland. New York on October 16, 1832. and was the son of Stephen and Charlotte M. (Curtis) Moody:, of that state. He received an academic education and then began the study of law at Syracuse. In 1852. at the age of twenty, he removed to Indiana, where he was admitted to the bar and entered upon the practice of his profession at New Albany. In 1854 after less than two years of practice, such was his force of character and professional promise, that he was elected prosecuting attorney of Floyd county. A little later he joined an organization of young Republicans in the state, and became prominent and very active in the efforts they made to secure the election of Hon. Oliver P. Morton as governor. It was discovered, however that Mr. Morton's personal unpopularity made it inexpedient to place him at the head of the ticket, and he was nominated for lieutenant governor, Hon. Henry S. Lane being named as the party candidate for governor. The popularity of Mr. Lane and the effective campaigning of the young Republicans secured the triumph of the ticket and a Republican legislature at the ensuing election, Mr. Moody himself being chosen a member of the lower house in the face of a normal Democratic majority of five hundred in his district. At the legislative session which followed Governor Lane was elected United States senator, and Morton, the idol of the young Republicans of the state, became governor. The doctrine of state rights had many ardent advocates in the legislature, and the feeling against the course of the federal administration towards the South, which was then rapidly tending to secession, was so strong that the debates became exceedingly acrimonious and personal. A member named Heffron made a bitter attack on Governor Morton, which was replied to in such scathing terms by Mr. Moody that he was challenged by Heffron to fight a duel. It was arranged that the encounter should take place at Covington, Kentucky, and Colonel Milroy, who afterward became a major general in the United States army, was chosen as Mr. Moody's second. While crossing the Ohio to the place of meeting they were arrested and each was fined five hundred dollars, Mr. Heffron failing to put in an appearance. In 1861, soon after the beginning of the Civil war, Messrs. Milroy and Moody raised the Ninth Indiana Infantry, of which Mr. Milroy was made colonel, Mr. Moody becoming captain of Company G. On November 15, 1862, he was promoted colonel, and some little time afterward was mustered out of the service in order that he might accept the post of captain in the Nineteenth United States Infantry, a command in which he served until the spring of 1864, the greater portion of the time on the staff of Gen. George H. Thomas. In May, 1864, his term of enlistment having expired, and it being apparent that the war was nearing its end, he resigned his commission in the army and was appointed by the secretary of war to proceed to Dakota and superintendend the construction of a wagon road from Sioux City to Fort Randall. In this work he employed to a very large extent the Scandinavian farmers numerously populating the southeastern counties of the territory and so arranged the work of construction that they were able to give their farm duties proper attention and build the road during the seasons when farm work was slack, making this arrangement at a considerable sacrifice of his own interests. Moreover, having learned by careful calculation that the road could be built for much less than the appropriation, he voluntarily. paid the workmen almost double the ruling price for men and teams. This action on his part brought him severe criticism from the war department, and delayed for many years the approval of his accounts and the payment of his commission on the expenditures. But it endeared him to the people of the southeastern counties, and made the Scandinavian farmers, who were at that time of very limited means and had a hard struggle to improve their farms and live without outside assistance, his firm and faithful friends to the end of his life. They were always with him to a man in politics and in business, and held him ever in the highest regard. When he crossed the Mississippi to make a new home in the farther West, he at first contemplated locating in western Iowa, but instead he settled at Yankton and began there an active practice of his profession. He also took a very earnest interest in political affairs and was elected to the territorial house of representatives, of which he was chosen speaker, and to which four years later he was re-elected. In 1878 he was appointed associate justice of the territorial supreme court by President Hayes on the recommendation of the Republican organization of the territory and that of Senator Conklin, of New York. He was assigned to the Black Hills district and remained on the bench until 1884, when he resigned to become general counsel for the Homestake Mining Company and its associate corporations, in which capacity he served until his death. To the judicial ermine he lent dignity and distinction in his protracted and able service, and he was known afterward as one of the leading corporation lawyers of the whole Northwest. When he retired from the bench he at once took charge of the legal business of the Homestake Mining Company, and soon found himself again in the whirlpool of territorial politics, a stage on which he was one of the star actors until 1891. Samuel McMasters, a very shrewd and practical Irishman, the superintendent of the mining company, who could not read and was unable to write anything but his name, besought the Judge to take charge of his campaign as a candidate for territorial delegate to the United States house of representatives. The canvass that followed made the Judge a large number of very bitter personal enemies and gave him a continual struggle from that time until his final retirement from politics to retain his supremacy in the western half of the state. In the broad field of national politics his capacity, breadth of view and knowledge of men and of affairs secured him a position of commanding influence. He was a delegate to the Republican national conventions of 1868, 1888 and 1892. In the convention of 1888 he was chairman of the delegation from the Dakotas and made a speech which gained the admission of ten delegates instead of the three usually allowed the territory. As the personal friend of Senator Platt, of New York, he got advance inside information of all the important maneuvers in the convention, and it was said by the party leaders that the solid vote of South Dakota at a critical time was largely instrumental in bringing about the nomination of President Harrison, with whom he was on terms of intimate friendship and whose candidacy he warmly espoused. He was a prominent and influential member of the South Dakota constitutional conventions of 1883 and 1885, and was also a member of the Committee appointed to draft and present to congress a memorial for the division of Dakota and its admission to the Union as two states. Under the constitution of 1885 he was elected United States senator, but congress did not recognize the movement as valid, yet the senate allowed him the privilege of admission to the floor. In 1889, after the enabling act was passed by congress, the constitution of 1885 was again adopted and he was again elected to the United States senate, but in the classification he drew the short term of two years. Then in 1891 he was defeated by the great Populist upheaval. In 1901 he was appointed by Governor Herreid a member of the commission of three to codify the laws of the state provided for by an act of the legislature. In the work of the commission the code of civil procedure. justice and probate codes were assigned to him, and his service in this connection was the last of a public nature that he rendered. Judge Moody was married on September 21 1855. at Spafford, Onondaga county, New York, to Miss Helen Eliot, and they became the parents of one daughter and four sons. The oldest, Mrs. Helen E. Dickinson, now lives at Los Angeles, California; Charles C. is editor of the Sturgis (South Dakota) Record; Burdette, a civil engineer. was for many years chief engineer for the Homestake Mining Company, and is now with the California Kings Gold Mines Company at Picacho, California; and James C. and Warner, who are lawyers, have succeeded to their father's law practice at Deadwood. The Judge never joined any of the fraternal orders so numerous and popular among men except the Grand Army of the Republic, in which he was a member of the local post at Deadwood. He died at Los Angeles, California, on March 17, 1904, aged seventy-one years. One of the most forcible and impressive elements in the elevated character of this courageous pioneer, eminent jurist, prominent politician, conservative civic force and high-minded citizen, was his inflexible integrity. This is well illustrated in the unwritten history of the great Ophir vs. Gopher mining suit that was tried before him as presiding judge at Deadwood in the first year of his service on the bench. The suit involved property worth several hundred thousand dollars, and a great array of legal talent was engaged on each side, including Harry I. Thornton, of San Francisco, H. J. Bennett, of Salt Lake, Judge D. Corson, now a member of the supreme court of South Dakota, Judge D. McLaughlin and Col. W. R. Steele, besides a number of lesser lights. The litigants on one side were apprehensive of losing their case, and four or five of their leading men determined to secure a decision at any cost. One after another was selected to approach the Judge, and was fortified for the assault on judicial honor with a convenient package carefully concealed in an inside pocket. And one after another returned to his confederates with the report that he was afraid to broach the subject to the Judge. They then concluded to employ for the purpose a resident of Montana who had acquired a reputation for success in such work. He essayed the task, but after wandering around Deadwood and carefully feeling his way for about a month, he too declined to make the attempt. A final effort was then made by retaining one of Judge Moody's former law partners, who was summoned by letter from his home in North Dakota. When informed of the nature of the service required of him, he threw up his hands in dismay and exclaimed: "My God, men! do you expect me to tackle that man on any such proposition? Why, I should be in the penitentiary in forty-eight hours. If that is what you got me here for I might as well leave for home on the coach tomorrow." And he did leave next day. The suit proceeded to a conclusion and the conspirators lost the decision. One of them, who was the writer's informant on the subject, says: "Judge Moody went on in the even tenor of his way, and to his death was oblivious of the temptation which had been prepared for him." During the progress of this case Mr. Thornton, the greatest mining lawyer the West ever produced, in speaking to his associates, said of Judge Moody: "Gentlemen, there is one of the greatest and brainiest judges I ever tried a case before." In politics, a pursuit wherein the ordinary rules of honesty and straightforwardness are supposed to be usually much relaxed, he was the same inflexibly upright man as on the bench and in private life. He treated everybody squarely and insisted that his friends do the same when working in his interest, immediately and sharply repudiating any attempt on their part to do otherwise. In the memorable contest of 1891, when for several weeks daily ballots were taken in the legislature for a United States senator, and the Judge needed but one vote to secure his re-election, it is known and his family have the proofs that more than one member of the body offered to desert the opposition and make his election certain for a consideration. And, amazing as it may seem, two different propositions were made in writing and signed by legislators, offering to sell out to him. Some of his zealous friends brought the matter to his attention. Without the slightest hesitation and with all the force he could command he told them that if one dollar were used in buying a vote for him he would refuse to qualify for the office or accept it, and more, that he would assist in prosecuting both the man offering the money and the man accepting it. And yet he cared nothing for money, but was unhappy as long as he had any in his pocket. He never manifested any desire to accumulate wealth. At no time in his whole career did he keep a set of books. No ledger or day book ever adorned his desk, and since his decease his family have never found a single charge for services during all his fifty years of practice. As a lawyer and practitioner at the bar Judge Moody was remarkably successful. His success was so great, in fact, that it has been a matter of universal comment, not only among members of the bar, but by people generally. A close study of his professional characteristics will explain this. In the first place he was thoroughly equipped for his profession by natural aptitude, by diligent study and by judicious observation. In the next he gave every case his most careful and searching attention. A client calling on him for advice was as thoroughly cross examined as to the facts in his case as if he were in court and the questions were asked by the opposing counsel. The fee, no matter how large, was no temptation to him if from his knowledge of the case his client had not the moral and the legal right on his side. On the very few occasions when he was deceived by his client and went into court with an unworthy case, he returned the money paid him for a fee with a severe rebuke for the deception, and thereafter he held the client in the utmost contempt and no argument could convince him that the man was honest. One of the sources of his remarkable success as general counsel for the Homestake Mining Company was this attribute of his nature. On questions in his department of this great corporation his judgment was supreme, and it was almost universally recognized in the community that prospective litigants who had claims against the company would have no difficulty in securing a settlement if they could convince Judge Moody of the justice of their claims from either a moral or a legal point of view, even his enemies conceding that while he was at the head of the company's legal department courts were largely unnecessary so far as it was concerned; as, while his fidelity to its interests was one of the strongest kind, the claimant could always get fair treatment at his hands without the aid of the courts. This was so generally understood that remarkably little new litigation fell to the lot of the company during the last fifteen years of his connection with it. In private life he was a model man and greatly endeared himself to his friends and his family. To his friends he was the personification of fidelity. No consideration and no influence that could be brought to bear could induce him to desert them or waver in the slightest degree in his allegiance to them. It was this that welded his friendships, which once formed were never severed; and this, in its way, also embittered his enemies. In his family he was all purity and devotion. He was a delightful conversationalist, and to his children he was a companion as well as a guide, an example as well as an inspiration, their warmest friend and their most judicious counselor. Impervious to fulsome flattery, he was vet highly appreciative of kind things said of him, and good-humoredly tolerant of criticisms. These traits overflowed the boundaries of his domestic life and made him popular wherever he was known. It was said of him that if he could get a few minutes of close communion with an enemy, he could almost invariably change the enmity into an undying friendship.