Monday, February 2, 2009

Michael & Martin, Two Donahue Brothers and Their Land Problems-

Lost in a Mountain of Red-Ore and Red-Tape-

Michael Donahue, born in 1860, and younger brother Martin, born in 1865, and their early venture into farming in Northern Michigan reveals an interesting story. These are two of the brothers of our grandmother Mary Ellen.

Michael left home in Manitowoc, Wisconsin at a rather early age. Apparently following the job market available in the logging industry at the time the young man arrived in the area of Iron River, Michigan and found employment in the logging camps. This was 1880 at about the age of 20. Martin joined him some five years later also working in the woods for the same employer. Martin eventually reaches the status of a camp foreman while the only mention of Michael’s occupation in any record was that of a cook.

All the details of this story are primarily revealed in later court testimony during litigation proceedings when the brothers became ensnared in a rather complex land dispute. Both brothers had separate cases heard before the U.S. Supreme Court, Mike in December of 1894, which rendered a judgment in his favor, and Martin, had his case, involving the very same property, heard in January 1917. The latter case was lost by Martin meaning he lost some but not all his property rights.

The land in dispute was located just outside the small Michigan Town of Iron River, on the states upper-peninsula. The town lies one hundred miles to the west of the town of Escanaba on the shore of Lake Michigan and approximately one hundred twenty air miles slightly northwest of Green Bay, Wisconsin. Some Donahue descendants still live in the general area but closer to Escanaba.

Molly McGinnis Wright revealed the basic facts of all this in an early e-mail where she summarized her contacts with a daughter-in-law of Martin, Dorothy, wife of Thomas Donahue, Martin’s only son. The following is copied from Molly’s e-mail:

Dorothy Donahue, the now deceased daughter-in-law of Martin E. Donahue (Michael's younger brother) related a story to me concerning Michael some 30 years ago. This is her story:

“Martin and his brother, Michael homesteaded a farm together near Iron River in Michigan. In the winter, they worked in the logging camps. Just before Christmas 1895, the lumberjacks all came into town (Iron River) to celebrate.


About this time they were discovering iron ore around the area so some "shyster" got a hold of every drunk landowner he could find and got him to sign over their land to him. Michael not only signed his half of the farm away but he had no recollection of it. A year later, Mike went to Washington State and soon after ore was discovered on their farm (Mike had given Martin his share of the farm before he left).

Martin was quite shocked when this fellow stepped forward with the legal deed to half the farm. Martin took it all the way to the Supreme Court and lost. Dorothy stated she had 3 books concerning the details of the legal case and that 2 of those volumes had been donated to the Historical Society of Iron River.Regardless, Martin became a very successful mine owner in his own right.

Here is his obituary:

"Hold Donohue Rites", Iron River--Following services at St. Patrick's church in Escanaba at 9 o'clock Saturday morning, the body of Martin E. Donahue, 70, largest fee owner in the Homer mine here and a former Iron River resident, were brought to Iron River cemetery for burial. Mr. Donahue died at his home in Escanaba late Tuesday afternoon following an illness of 14 years. He was born in Manitowoc December 16, 1865, the son of the late Mr. and Mrs. Thomas Donahue, who came to this country from Ireland. Thomas Donahue was a veteran of the Mexican War. When 17 years of age Martin Donahue and his brother, Michael, came to what is now Iron River to inspect timber lands and later he became a timber cruiser.

The brothers purchased 120 acres of land in the vicinity of the Homer mine. The partnership was dissolved when Martin purchased his brother's interest. (Ironwood Daily Globe, 18 May 1936, Ironwood, MI).

(It's interesting that the obituary does not mention the legal court case regarding his brother's interest in the farm land. I wonder if Martin eventually bought out the "shyster" who had bought out Michael?).”


The following photo of Martin was copied from the Donahue family group photograph made in Manitowoc in 1920 during the trip that two of the Florence Donahue sisters made to Wisconsin to visit family and friends. Michael did not make the trip east with his sisters, perhaps due to failing health. He died four years later. A photo of Michael has not surfaced.






Martin Donahue
(1865-1936)
Martins mining interests were probably somewhat substantial for the “Homer Mine” as is mentioned in his obituary was of sufficient size to be briefly mentioned in a trade journal. The following excerpt is taken from a page of the "Engineering and Mining Journal" of November 28, 1914. The journal was detailing the progress of various mining operations and the following gives some insight as to its importance-

“At the Homer, the work consisted of completing the erection of mine buildings and equipment. The steel headframe and fireproof brick buildings with steel girder roofs are all substantial and modern. The mine is electrically equipped throughout. An initial shipment of 9700 tons was made, but development work on the orebody and a crosscut to the McGovern ore body to the west comprised the work carried on underground. Only a small crew is employed at present. This is probably the wettest mine in the group north of Iron River. A large flow of water was encountered while sinking this shaft and some trouble was encountered with quicksand. This track of land was diamond drilled by the Niagara Mining Co., a subsidiary company of Rogers-Brown, and was then sold to the Wickwire Company for a large cash bonus. It gives promise of being the best property of the Wickwire Company in the district."



An historical perspective of the Homer Mine found recently on the internet.




A timeline of many of the events in the brother’s lives is inserted here primarily in order to illustrate just how involved this litigation became. It continued over a period of some twenty years or more beginning with the initial claim brought against Michael in the early 1890’s until 1917 when the entire matter was finally settled. Martin lost the case but still retained a large interest in the resulting mining activity that prospered on the land in question.



The following links can be followed to view the final decisions that are available on the Internet.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=155&invol=386&friend=nytimes

http://supreme.justia.com/us/243/59/


Martin’s granddaughter, Sharon Donahue, of Bark River, Michigan, just to the west of Escanaba, is among a group of four individuals that share family information by e-mail and Sharon has provided copies of all the court testimony given by the two brothers over the years. Personally I find it very interesting and most of the facts presented here are derived from reading the transcripts. When time and energy allows a future post will contain the relevant bits of testimony. The proceedings present a rare opportunity to reach back in time and almost hear the voices of some distant relatives.

Michael’s sojourn in the Yukon during the Klondike Gold Rush is reflected in the timeline as well. A later post will attempt to expand on some of what is known of the man. Rather a sad tale in actuality.

Martin lived out his life in Michigan and died in Escanaba on May 12th, 1936. He is buried in Iron River near the property he bought from his brother in 1896, the property he eventually lost 25% of by a mistake made by his brother during the Christmas holiday of 1894. Martin survived his first wife Jesse who died in January, 1920 leaving Martin responsible for raising two stepdaughters.  He remarried in 1920 to Della Richards.  The stepdaughters eventually went to live with and were raised by their Mother's family.

No comments:

Post a Comment