Person:Edwin Day (10)

Edwin Mahlon Day, justice of the peace and formerly judge advocate general of the state of Washington, is one of the able and venerable members of the Bellingham bar, with which he has been identified for a period of thirty-five years. He achieved success in the field of journalism and while in Nebraska accomplished much important work along reclamation lines. He has been a leader in projects for the development of the rich mineral resources of this region, a promoter of transportation interests, and his labors in behalf of the Grand Army of the Republic also constitute an important chapter in his life history. He has left the impress of his individuality upon every line of endeavor to which he has turned his attention and few careers have matched his in service to the commonwealth.

Judge Day was born September 25, 1845, in Princeton, Illinois. His father, John Mills Day, was a native of Dearborn county, Indiana; was an agriculturist by occupation and also engaged in the practice of veterinary surgery for a number of years, passing away in 1902 at Aurora, Nebraska. His wife bore the maiden name of Ellen Brigham Beach and was born in Sloansville, New York. Her father was a veteran of the War of 1812, and her brother, Cyrus A. Beach, was killed at the battle of Altoona Pass during the Civil war. In the paternal line the subject of this sketch traces his ancestry to Stephen Day, who came to the new world in 1635 and settled near Boston, Massachusetts, becoming the first printer on this side of the Atlantic and the publisher of The Psalm Book, probably the first book issued in this country.

In the public school of Illinois, Judge Day acquired his early education and while attending Lombard University at Galesburg he joined another student in raising a company of infantry which was mustered in as Company H of the One Hundred and Forty-sixth Illinois Infantry. The date of his enlistment was August 5, 1864, at which time he was but eighteen years of age, and on August 10 of that year he was made a corporal, acting in that capacity until the close of hostilities. He was assistant chief clerk to the mustering and disbursing officer at Quincy, serving under Captain S. S. Summer of the regular army, and his regiment had charge of President Lincoln's funeral. Corporal Day had charge of the immediate guard at the tomb at the time of interment at Oakland cemetery and was also in charge of the remains as relief guard at the state capitol in Springfield previous to the interment. General Joseph Hooker was marshal of the day, and in twenty-six hours about twenty-six thousand persons viewed the remains of the martyred president.

At Camp Butler, Illinois, Judge Day received his honorable discharge from the service and in 1865, while enroute to Colorado with a band of twenty-five emigrants, made good use of his knowledge of military tactics when the party was attacked by Indians at Alkali Springs on the 26th of October. He spent two years in Colorado, living in Denver and vicinity, and then returned to Illinois. After his marriage he moved to Sterling, Illinois, and for two years contracted with a sash and blind factory for painting and glazing. He was thus engaged from 1967 until 1969, when he went to Iowa and embarked in the publishing business in Des Moines, issuing the Des Moines Monthly Magazine and the Iowa State Granger. In 1877 he located in Sidney, Nebraska, and organized the first graded schools at that place, serving as principal and also as county superintendent of public instruction. Meanwhile he had been devoting his leisure hours to the study of law and in October, 1878, was admitted to the bar. He followed his profession in that state for twelve years and while a resident of North Platte became the founder and publisher of the Daily Electric Light and later owned and edited the Big Springs Journal at Big Springs, Nebraska. He also published the Ogallala (Neb.) Reflector and in addition was superintendent of the public schools of Keith county. In 1882 he organized the North Platte Irrigation & Power Company, which built the first irrigation canal in Nebraska and furnished water to fifty-one thousand acres of land. He also framed the first irrigation law passed in that state.

Responding to the lure of the northwest, Judge Day came to Washington and in 1891 arrived in New Whatcom, now known as Bellingham. In 1893 he founded the Fairhaven News, conducting the paper until 1896, and for four years thereafter published the Whatcom News, which was issued three times a week. He also published the Washington Resources until that paper was consolidated with the Fairhaven News and through the columns of these journals did much to influence the growth of the district. Seeking other outlets for his initiative spirit and superabundant energy, in September, 1901, he promoted and organized the Alger Oil & Mining Company, of which he became secretary, also acting as attorney for the corporation. It was started with a capital of three hundred thousand dollars and a plant for the manufacture of brick was erected at Alger at a cost of thirty-five thousand dollars. The company also acquired valuable mining property. In 1901 Judge Day formed the Britton Gold Mining Company, which was capitalized for three hundred thousand dollars, and he was elected secretary-treasurer, also having charge of the legal interests of the corporation, which developed gold and copper properties in the Mount Baker district. He was one of the promoters and organizers of the Whatcom-Skagit Interurban Railway Company, of which he was made president and general manager, displaying notable wisdom and power as an executive. He has practiced in the higher courts for many years and although he has reached the eightieth milestone on life's journey is still active in his profession, being exceptionally well preserved. His studies did not cease with his admission to the bar, for he has been a constant student, ever eager to broaden his knowledge of the law, and has successfully handled many notable cases. He has achieved more than local prominence as a lawyer, becoming judge advocate general of Washington with the rank of colonel. He was appointed by Governor Rogers and resigned after the latter's death, but his resignation was not accepted until four years from the date of his appointment. Judge Day is widely known as the father of the law creating the humane bureau of Washington, and for sixteen years he has filled the office of justice of peace, his long retention therein being eloquent of the quality of his service.

On December 3, 1867, Judge Day was married in Illinois to Miss Mary A. Sisson, whose father, Azariah Sisson, was a scion of an old American family and of English and French descent. To this union were born five children: Edwin Sisson; Bryant Jewel; Myrtle Edith, the wife of M. T. Summers; Margaret Ellen, who married John Percival Geddes; and Louella Pearle.

Judge Day was an adherent of the republican party until 1893 and has since maintained an independent course in politics. He is identified with the Ancient Order of United Workmen and in 1877 joined the Grand Army of the Republic at Fort Sidney, Nebraska. At North Platte he established Stephen A. Douglas Post, of which he was chosen commander, and also organized J. M. Thayer Post at Ogallala, Nebraska. While in that state he acted as chairman of the state board of administration of that order and afterward became vice commander of C. R. Apperson Post of Fairhaven, Washington. His demeanor has ever been marked by that courtesy and consideration for others which is the outward expression of a kindly nature, and his friends are legion. He has extracted from life the real essence of living, and his labors have been manifestly resultant.
(History of Whatcom County, Volume II, by Lottie Roeder Roth, 1926, pps. 770-775.)

1. ↑ The Bellingham Herald
   7 Jan 1929.
   AGED JURIST DIES
   JUDGE E. M. DAY IS CALLED AWAY AT AGE OF 83
   Noted for geniality of character and deep and unswerving patriotism, Judge Edwin Mahlon Day, pioneer Journalist, Lawyer, justice of the peace and former judge advocate general of the State of Washington, died Sunday evening at 8:45 o'clock at his home, 931 Sixteenth street, after an illness of two and one-half years. For the last three months he had been critically ill. Judge Day, who was a veteran of the Civil war, was 83 years of age and had lived in Bellingham since 1890. Funeral rites will be held at the Arthur C. Harlow mortuary at 2 p. m. Wednesday.
   Born September 25, 1845, at Princeton, Ill. Judge Day attended the public schools of that state and Lombard university at Galesburg, Ill. He and another university student raised a company of infantry for service in the Civil war. It was mustered in as Company H, 146th Illinois Infantry. He enlisted on August 5, 1864, at the age of 18 years and on August 10 of that year he was made as corporal. Judge Day was assistant chief clerk to the mustering and disbursing officer, Captain S. S. Sumner, of the regular army. His regiment had charge of President Lincoln's funeral and Corporal Day had charge of the guard at the tomb at Oakland cemetery. He also had charge of Lincoln's remains as relief guard at Springfield, Ill. At Camp Butler, Ill., her received his honorable discharge from the service.
   Attacked by Indians
   In 1865, in company with others, he traveled overland from Illinois to Denver, Colorado, spent two years in the city and vicinity and then returned to Illinois. During their journey across the plains they beat off an attack by Indians. Judge Day, during his long career engaged in many newspaper adventures. Among the publications he founded were the Des Moines, Iowa, State Granger; the Des Moines Monthly Magazine; Big Springs Journal, Nebraska; the North Platte Electric Light, Nebraska; Washington Resources and the Fairhaven News. In 1877, Judge Day removed to Sidney, Nebraska, from Iowa, studied law and was admitted to the bar. He followed his profession twelve years before he came West. In 1890, he came to Washington, arriving at New Whatcom, now Bellingham.
   Established Post
   Besides following his profession, Judge Day was connected with many business enterprises. He was elected justice of the peace and police judge of Bellingham, in which capacities he served many years. He was appointed by Governor John R. Rogers on his staff as judge advocate general, with the rank of colonel. Judge Day was member of the Grand Army of the Republic. At North Platte, Nebraska, he established the Stephen A. Douglas post, of which he was elected commander. He also organized the J. M. Thayer post at Ogalalla, Nebraska. He served as vice commander of C. R. Apperson post, of Fairhaven. He was a member of the Ancient Order of United Workmen.
   On December 3, 1867, Judge Day married Mary A. Sisson, at Manlius, Illinois. To this union were born five children, Mrs. M. T. Summers, Edwin S. Day, Bryant J. Day, mrs. O. T. H. Randle and Mrs. J. P. Geddes. Among other relatives surviving is a brother, Attorney John Mills Day, of Auburn, Wash. The Rev. Cannon E. B. Smith, rector of St. Paul's Episcopal church, will officiate. Officers of J. B. Steedman post No. 24, G. A. R., will give its ritualistic service at the chapel. Cremation will follow. Pallbearers will be selected from the Whatcom County Bar association and J. B. Steedman post.
2.   Kilburn, Lucian Moody. History of the Adair County, Iowa, and its people. (Chicago [Illinois]: Pioneer Pub. Co., 1915).

   ...E. M. Day was a settler of the year 1870 and owned a small building on the farm of Azariah Sisson, where be taught school in the summer of the same year.