W E S T E R N N E W Y O R K

Volume 20 Number 1 Western New York’s Illustrated History Magazine $8.00 Spring 2017

Volume 19 Number 4 Western New York’s Illustrated History Magazine $8.00 Winter 2017HERITAGEHERITAGE

In This IssueWNY DairiesThe Chez AmiChautauqua County ArtistsVeteran Matt Urban

W E S T E R N N E W Y O R K

Volume 20 Number 1 Western New York’s Illustrated History Magazine $8.00 Spring 2017

YEARSYEARS

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By Chris Muldoon

Notable firm attorneys through the years. Left column: Nathan Hall, Millard Fillmore, Solomon G. Haven,Grover Cleveland and Dennis Bowen.Right column: Franklin D. Locke, John Milburn, Charles Sears,Chauncey Hamlin and Louis Babcock.

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Spring 2017 WESTERN NEW YORK HERITAGE 25

The Birth of a Law Firm and a CityThe roots of Hodgson Russ can be

traced back to one man: Asa Rice. Atthe age of 29, this notable trial attorneyleft Wyoming County to practice law in Buffalo. When he arrived in 1817,the village was the seat of NiagaraCounty. He was a member of the FirstPresbyterian Church and sat on thecommittee that formed the BuffaloSunday School Society. Records showthat in 1822, Rice’s office was located in a small, one-story building east ofMain Street, just above present-dayLafayette Square. At the time of Rice’s arrival, Buffalo

was entrenched in a heated competitionwith the nearby village of Black Rock to become the western terminus for the Erie Canal. Black Rock appeared tohold the advantage by boasting anatural harbor. But Buffalonians wouldnot be deterred. On December 16,1820, a group of citizens gathered at theEagle Tavern to appoint a seven-mancommittee that, among other duties,drafted an official petition to connectthe canal with Lake Erie at the mouthof Buffalo Creek. On that committeewas Asa Rice. The document wouldprove to be a pivotal piece of WesternNew York history. Around the sametime, the village was bolstering itsrésumé by building a harbor of its own.

In the winter of 1822, the Canal Com-missioners announced that Buffalowould be granted the western terminus.By 1825, the canal was completed, andBuffalo quickly became “The Gatewayto the West.”With the city growing at a break -

neck pace, Rice decided it was time toexpand his business. He convinced hisbrother-in-law, Joseph Clary, to leavehis firm in Cherry Valley, NY, and joinhim in Buffalo. The new firm would becalled Rice & Clary. In 1822, anothernew member would join the firm; an

unpaid clerk named Millard Fillmore.While studying the law, Fillmore sup-ported himself by teaching in the ColdSpring school district. He was admittedinto practice in 1823. After Rice’s deathin May of the same year, the firm wasrenamed Clary & Fillmore. The part-nership would be a tumultuous one, tosay the least. Early on, Fillmore movedhis office to East Aurora, while Claryremained in Buffalo. Such an unusualarrangement strained the relationship,leading to a brief separation before thetwo lawyers reunited in 1830.

The Erie County courthouse, ca. 1898. Finished in 1817, the structure was located wherethe Buffalo and Erie County Public Library now stands. Asa Rice’s 1822 law office waslocated nearby. WESTERN NEW YORK HERITAGE COLLECTION

Any time a local business reaches a milestone anniversary – whether it’s 50, 100 or even 150 years– it is worthy of commemoration. For the law firm Hodgson Russ, which celebrates its bicen-tennial in 2017, the feat is especially significant. With an unbroken succession of firms dating

back to 1817, Hodgson Russ lays claim as the oldest continuous business in Buffalo, and is one ofthe oldest law firms in the country.

But in the case of Hodgson Russ, the accomplishment of existing for 200 years only tells halfthe story. The firm’s history and that of Buffalo are intricately connected in a myriad of ways – somewell-known, others more obscure. Members of the firm and its predecessors have been behind manycrucial events and civic institutions that define Buffalo’s past and present, from the completion ofthe Erie Canal to the incorporation of the city to the creation of local educational systems. Further-more, the firm has a long track record of working with business leaders in key industries that haveshaped the region’s economic development, including railroads, milling, steel manufacturing andbanking. These contributions are the full legacy of Hodgson Russ, and have resulted in a uniquerelationship between a private business and its city – one that continues to this day.

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By 1831, time had come for Buffalo to beincorporated as a city. Clary and Fillmorewere part of an 18-man committee chargedwith drafting the charter. At the time, Clarycarried special clout as the president of thevillage Board of Trustees. The committee’sapplication for incorporation of the City ofBuffalo was passed by the State Assemblyon April 4, 1832 and the Senate on April 18,then approved by Governor Enos Throopon April 20. In 1833, Fillmore and Clary amicably

parted ways, and Fillmore brought inNathan K. Hall. Three years later, anotherpartner, Solomon G. Haven, joined the firm,which was renamed Fillmore,Hall& Haven.Under these three men, the firm wouldbecome the preeminent law firm in WesternNew York. Their office was on the secondfloor of the American Block, on Main Streetbetween Eagle and Court streets.In addition to its thriving law business

with clients spanning from Boston toMichigan, Fillmore, Hall & Haven – indi-vidually and collectively – had a major civic

impact in Buffalo. Hall led the creation ofBuffalo’s public school system, which wasthe first tuition-free, tax-supported publicschool system in New York State. In 1846,

Fillmore and Hall joined a group thatdrafted the charter for the University at Buf-falo as a private institution. As a StateAssemblyman, Hall was influential in

Buffalo from Lake Erie, ca. 1833. In 1820, Asa Rice was part of the committee that drafted the petition to name Buffalo as the western terminus forthe Erie Canal, marking the village for future greatness. By 1823, Rice was dead, but his firm had grown to include Joseph Clary and a youngMillard Fillmore. Both would be part of the 18-man committee charged with drafting the charter for the City of Buffalo in 1831, as the rapidly growingvillage sought to incorporate. LIBRARY OF CONGRESS

When Millard Fillmore and Joseph Clary parted ways in 1833, Fillmore continued the firm byadding attorneys Nathan Hall and Solomon Haven. The three established their new office onthe second floor of the American Block, on Main Street between Eagle and Court streets.WESTERN NEW YORK HERITAGE COLLECTION

Spring 2017 WESTERN NEW YORK HERITAGE 27

pushing the bill through the State Legisla-ture. After the university charter was grantedon May 11, 1846, Fillmore was namedChancellor.By 1847, increasing political responsibil-

ities would finally pull Fillmore away fromthe firm. In a fitting conclusion to the part-nership, Fillmore and Haven engaged in agood-natured negotiation and coin flip todetermine the price of Fillmore’s law books.Fillmore, of course, would go on to beelected vice president of the United States,running with Zachary Taylor on the WhigParty ticket in 1848. Following Taylor’sdeath in 1850, Fillmore assumed the office ofpresident. In that role, he named his formerlaw partner, Nathan Hall, as postmaster- general. The legacy of Fillmore, Hall & Haven is

not merely one of productivity but also com-radery. During their relatively short time inbusiness together, the trio seemed inseparable.They were regularly seen socializing together.All three attended the same UnitarianChurch. They even simultaneously held polit-ical office. So it should be no surprise that the three men have adjoining family plots in Forest Lawn Cemetery; Fillmore on the left,Hall in the center and Haven on the right.

Empowering Buffalo’s Industrial EraFollowing the departure of Fillmore,

Nathan Hall forged a partnership with Dennis Bowen. However, Hall eventuallyretired from the firm to hold full-time polit-ical office. Bowen soon teamed up withHenry W. Rodgers, whose prior accomplish-ments included the formation of the BuffaloWater Works. The firm, and Bowen in par-ticular, worked closely with Buffalo’s mostprominent business figures of the time,including Pascal Paoli Pratt and WilliamFargo. Of his many ventures, Pratt wouldlead the formation of Manufacturers &Traders Bank, beginning the firm’s long andextensive relationship with M&T. WilliamFargo was a founder of the AmericanExpress Company and Wells Fargo. Bowenbuilt such strong trust and personal relation-ships with his clients that Pratt and Fargoserved as pallbearers at his funeral. [For moredetailed coverage on M&T Bank andWilliam Fargo, see stories in the Summer2006 and the Summer and Fall 2002 issuesof Western New York Heritage, respectively.Copies still available.]

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During the 1850s, Rodgers & Bowen added two notableyoung members to the firm’s roster. The first was ShermanRodgers, nephew of Henry Rodgers, who would later become apartner. The second was an aspiring lawyer named Grover Cleve-land. At the age of 19, Cleveland was introduced to Rodgers &Bowen by his wealthy uncle, Lewis F. Allen (namesake of Buf-falo’s Allen Street and Allentown), who was a client of the firm.Cleveland eventually rose through the ranks from clerk topartner. It is also said that his democratic views were shaped inthe firm’s office, by Bowen in particular. Cleveland left the firmin 1863 to begin his political career, initially as an assistantdistrict attorney and eventually as a two-term president of theUnited States.In 1856, the firm (now Rodgers, Bowen & Rodgers) moved

into the office that would be its home for nearly 80 years.Located at 28 Erie Street, the firm occupied the first floor of a quaint three-story building. Construction of the new office was led by Bowen, who was also one of the commissioners tasked with selecting a site and building the City and CountyHall. The recommended site bound by Franklin, Eagle,

Fillmore, Hall and Haven became close friends as well as influential colleagues in Buffalo’s early history. Thus, it is not surprising that the threeoccupy adjoining family plots in Forest Lawn Cemetery (obelisks from left to right: Fillmore (rose granite), Hall and Haven).WESTERN NEW YORK HERITAGE PHOTOGRAPH, 2017

Beginning in the mid-19th century, firm attorneys would maintainextremely close ties to some of Buffalo’s most notable financial insti-tutions, two of which were M&T Bank (left) and Fidelity Trust Com-pany (right), whose buildings at Main and Swan streets are shownhere ca.1916. The two would merge in 1925 – with the help of thefirm’s attorneys. LIBRARY OF CONGRESS

Spring 2017 WESTERN NEW YORK HERITAGE 29

Delaware and Church streets was over-whelmingly approved, and the constructionwas completed under budget in 1876, much to the credit of the building commissioners.Unfortunately, Bowen succumbed to illnessthe following year. Stepping in as leader of the firm was

Franklin D. Locke. A friend of GroverCleveland, Locke began his tenure as man-aging clerk, and would remain at the firm fora total of 61 years. Thus, around 1870, thefirm would take on the name Bowen,Rodgers & Locke. Of his many accomplish-ments, Locke is noted as the strategic mas-termind behind the 37-year-long legal battlebetween the Lackawanna Railroad and thegovernment over a coal trestle on the North-ern Pier of the Buffalo Harbor. A business-man as much as a lawyer, Locke was also afounder, president and chairman of theFidelity Trust Company before its mergerwith the Manufacturers & Traders NationalBank in 1925.Locke was also responsible for the addi-

tion of John G. Milburn to the firm in 1883.Described by The New York Times as “one ofthe foremost lawyers of this state,” Milburn’slegal achievements were numerous. He suc-cessfully defended the editor of The (NewYork) Evening Post in a notable libel caseinvolving comments made about PresidentGrover Cleveland. He represented John D.Rockefeller before the U.S. Supreme Court inthe anti-trust case, United States vs. StandardOil Company. As far as civic contributions, heplayed a substantial role in bring ing Lack-awanna Steel (later Bethlehem Steel) to Buffalo. In addition, he led the negotiation(referred to as the Milburn Agreement) thatunified Buffalo’s streetcar system. Milburnwas also part of the committee that oversawthe construction of the Buffalo Public Library. These impressive accomplishments aside,

however, John Milburn may be best re -membered for his work outside of the legalrealm. In 1899, he took over as president ofa restructured Pan-American ExpositionCompany, at a time when Detroit wasattempt ing to overtake Buffalo as the hostcity of the 1901 world’s fair. He was a goodfriend of President William McKinley, whostayed at Milburn’s Delaware Avenue homeduring his visit to the Pan-Am. WhenMcKinley was shot by an assassin on Sep-tember 5, 1901, John Milburn was to his left.McKinley was taken back to the Milburn

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house where, despite an initial positiveprognosis, he died on September 14.Throughout the early 1900s, the firm

aided in the development of industries andbusinesses that helped Buffalo become aneconomic powerhouse. Louis Babcockworked with the Washburn Crosby Com-pany (a predecessor to General Mills),helping to bring a new flour mill to thewaterfront in 1903, and paving the way forBuffalo to surpass Minneapolis as the na -tion’s largest flour-milling center. Babcockwas also an avid student of Western NewYork history, penning numerous works onthe region’s past, particularly on the War of 1812. A few decades later, George A. New-

bury would provide legal counseling in thedevelopment of the Peace and RainbowBridges, as well as help to create WNED-TV, the state’s first educational televisionstation. Newbury was also involved in themerger of Fidelity Trust and Manufac -turers & Traders Bank. Another firm attorney, Chauncey

Hamlin, was instrumental in the creationof Allegany State Park in 1921 (a section ofcabins in the park still honor his name), inaddition to his considerable work with theBuffalo Museum of Science. [For more onHamlin, see “The Man Behind theMuseum: The Life of Chauncey J. Ham-lin” in the Spring 2013 issue of WesternNew York Heritage. Copies still available.]

In 1936, the firm (as Rogers, Locke & Babcock) moved its office from the leg-endary 28 Erie building into the FidelityTrust Company Building at Main andSwan. Throughout the first half of the 20th

century, the firm would change its nameseveral times, as partners came and went.In the summer of 1925, shortly afterGeorge Newbury came on board, the firstof the modern firm’s two namesakes, HughM. Russ, was recruited following his grad-uation from Harvard Law School. Russ,who would come to be considered one ofthe finest trial lawyers in the state, wouldpractice until his death in 1971. He be -came a close friend and colleague of Newbury’s, and the two would becomegeneral partners in 1938. A year later,Russ’ name would make its first ap -pearance in the firm’s latest name change:Babcock, Hollister, Newbury & Russ.Upon Evan Hollister’s death in 1943, hisname was removed from the title. Two years later, George Newbury was

asked to take an executive role with M&TBank, and so other attorneys were re -cruited to fill the void left by the two men.These included: Ralph Andrews, HomerWoods, Robert Barrett, Laurence Goodyear– and Patrick Hodgson. Unlike his col-leagues, Hodgson had been born and edu-cated in England, but had served hisadopted country as special assistant to the

under secretary of the Navy and as a general counsel to the Navy Department.For his service, he was awarded the Presi-dential Medal of Merit by President HarryS. Truman. Newbury played a significantrole in enticing these five men to join Babcock, Newbury & Russ, offering themthe opportunity to join as principals versuscreating a firm of their own. Thus, onDecember 11, 1945 the firm of Babcock,Newbury & Russ became Hodgson, Russ,Andrews, Woods & Goodyear – a name itwould retain until the 21st century.In the modern era, the firm has contin-

ued its legacy of local contributions while

Rodgers, Bowen & Rodgers moved their offices to this three-story building at 28 Erie Street in 1856 and would remain here for nearly 80 years. COURTESY HODGSON RUSS

Partner John Milburn was a close friend ofPresident William McKinley. In this photo-graph, the last taken of the President prior tohis assassination, Milburn (at left) rides inMcKinley’s carriage on the way to the Pan-American Exposition.LIBRARY OF CONGRESS

Hascal Taylor commissioned Chicago archi-tects Dankmar Adler and Louis Sullivan todesign the Guaranty Building at 140 PearlStreet. Considered one of Sullivan’s master-pieces and perhaps the most important of all 19th century American skyscrapers, the building became home to Hodgson, Russ,Andrews, Woods & Goodyear in the early 1980s. LIBRARY OF CONGRESS

Spring 2017 WESTERN NEW YORK HERITAGE 31

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adapting to ever-changing business, social and technological needs. In 1945, former partner Charles B. Sears presided over the Nuremburg Trials after World War II. Con-tinuing the work of Fillmore and Hall more than 100 years prior, Laurence R. Goodyearhelped the University at Buffalo join the State University of New York system in 1962.Another former partner, Barber Conable, was appointed as the president of the WorldBank in 1986. More recently, Dianne Bennett became the first woman to chair anAmLaw250 firm when she assumed the role at Hodgson, Russ, Andrews, Woods &Goodyear in 1998. The current identity of the firm was established in 2001, when the name was shortened

to Hodgson Russ. The addition of offices in Toronto, New York City, Palm Beach andSaratoga Springs over the past three decades have given the firm an international reachand expanded legal expertise for it clients. Following in the footsteps of its predecessors,Hodgson Russ has been a leader in Buffalo’s recent renaissance, playing significant rolesin the developments of the downtown medical campus and revitalized waterfront.

Reclaiming an Architectural GemThere is no more visible link between present-day Hodgson Russ and Buffalo’s past

than the firm’s current headquarters, the Guaranty Building at 140 Pearl Street. Thebuilding was commissioned by entrepreneur Hascal L. Taylor, who wanted to build the“finest office building in the country.” He enlisted the services of Dankmar Adler andLouis Sullivan, renowned architects and engineers from Chicago. With its forward-thinking design and ornate exterior, the Guaranty Building is considered one of LouisSullivan’s architectural masterpieces. In fact, in 1983 The New York Times referred to it as“perhaps the most important” of all the 19th-century American skyscrapers. [For moreon Taylor and the Guaranty Building, see “Hascal L. Taylor: The Man Who Commis-sioned Adler & Sullivan’s Buffalo Building,” in the Spring 2009 issue of Western New YorkHeritage. Copies still available.]

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Sadly, Taylor was unable see his visioncome to fruition, as he passed away thesame month the building plans wereapproved. When completed in March1896 by the Guaranty Construction Com-pany of Chicago, it was the tallest buildingin the city at 152 feet. Two years after itsopening, the structure was sold andrenamed the Prudential Building. Over thenext few decades, the combination of theGreat Depression, misguided moderniza-tion attempts and Buffalo’s post- industrialdecline left the building practically emptyand in decay. A fire in 1974 nearly resultedin the demolition of what was once thecity’s premier office building. Fortunately,through the efforts of civic leaders andpreservationists, a $12.4-million restora -tion project was finalized and the buildingwas renamed the Guaranty Building in1983. After its reopening, Hodgson, Russ,Andrews, Woods & Goodyear becametenants for a handful of years, giving thefirm a taste of the building’s beauty andpotential.In 1998, the owners of the Guaranty

Building went into bankruptcy. It was then

that Hodgson, Russ, Andrews, Woods &Goodyear decided to purchase the build -ing to serve as its headquarters. As JamesM. Wadsworth, the chairman of the firmat the time, recalls, “We saw it as a rareopportunity to invest in our own building,while also securing a wonderful asset forthe community.” In 2006, the firm em -barked on a two-year renovation projectthat returned the interior to much of itsoriginal splendor, while adding modernconveniences that complemented Sullivan’sdesign. Next, in 2008, the firm painstak-ingly restored the building’s iconic terracotta exterior. For its extensive efforts,Hodgson Russ received the Excellence inPreservation Award from the PreservationLeague of New York State. The saving andrestoration of the Guaranty Buildingwasn’t just a milestone for the law firm andarchitecture community, it was a boon toBuffalo’s downtown redevelopment. It canbe argued that the investment in the build-ing set the stage for today’s waterfront ren-aissance. Wadsworth reflects, “I’m veryproud of what the firm did. You can’t quan-tify the importance. I think it demonstrated

that this part of town was viable, andencouraged others to take significant lead-ership roles.” In conjunction with its 200th anniver-

sary, Hodgson Russ unveiled the GuarantyBuilding Interpretive Center to the publicin January 2017. Located on the first floorof the building, the Interpretive Center isa collaboration with Preservation BuffaloNiagara that features 11 exhibits, modelsand displays that highlight the people,design and events that created the world-renowned architectural treasure. From its humble beginnings as a sole

proprietorship, Hodgson Russ has grown tomore than 200 attorneys, serving clientsranging from local startups to Fortune 1000companies. As a third-generation partner ofthe firm, Hugh M. Russ III has a uniqueperspective of Hodgson Russ’ past, presentand future, “We have a long legacy of excep-tional commitment and impact. With ourcurrent talent and comprehensive legalcapabilities, guided by the foundational values and ideals of those who came beforeus, I have no doubt the firm is poised tocontinue that legacy in our third century.”

Hodgson Russ embarked upon an extensive renovation of the Guaranty Building beginning in 2006. The project would eventually include therestoration of the building’s elaborate terra cotta exterior, and would provide the firm with a breathtaking home for their third century of existence.© 2017 KIM SMITH PHOTO

Spring 2017 WESTERN NEW YORK HERITAGE 33

With such a storied history and con-nection to the City of Buffalo, it seems fitting that Hodgson Russ shares itsbicentennial with the start of construc-tion of the Erie Canal. After all, it was“Clinton’s Ditch” that provided theopportunity for a small port town tobecome “The Queen City of the GreatLakes.” Since that defining moment,Hodgson Russ has proudly helped initi-ate, accelerate, maintain and rediscoverBuffalo’s prosperity. As summed up byJames Wadsworth of Hodgson Russ,“This milestone is a testament to thefirm’s quality of service, but also to thiscommunity for supporting us for twocenturies – enabling all of us to grow andthrive.” G

Chris Muldoon is a freelance copy -writer. He has worked with numerousclients on projects relating to Buffaloand Western New York history, includ-ing Hodgson Russ, the Michigan StreetBaptist Church, Columbus McKinnonand Eastman Machine Company.

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The Guaranty Building Interpretive Center is located on the first floor of the building and wasopened to the public in January 2017. © 2017 KIM SMITH PHOTO