Ellis and Merrill Records, 1861-1911

Biography/History

The professional association between attorneys Eleazer Holmes Ellis and Carlton Merrill began in 1878 when Merrill undertook the study of law with the firm of (William H.) Norris and (E. H.) Ellis in Green Bay. Ellis and Merrill established their own law firm in 1890 and continued to practice law together until Ellis's death in 1906. Other associates of the firm during the period covered by the records included Arthur B. Fontaine, 1895-1896, E. L. Chloupek, 1898, and Thomas P. Silverwood, 1898-1911. Merrill and Silverwood practiced law together for several years after Ellis's death. The firm of Ellis and Merrill accepted all types of cases, but dealt primarily in corporate and property law. It had extensive dealings with manufactures, collection agencies, real estate brokers, insurance companies, lumber companies, and executors of some personal estates.

Eleazer Holmes Ellis was born near Green Bay on August 26, 1826, son of General Albert G. and Pamela (Holmes) Ellis. He was raised in Green Bay and educated in common schools, by his family, and under the guidance of private tutors. In 1845, in compliance with his father's wish that he become a lawyer, Ellis began preparing for admittance to the bar in the office of Henry S. Baird, one of the noted pioneer lawyers in Green Bay and the first attorney general of Wisconsin. Ellis was admitted to the practice of law in Wisconsin territorial courts in 1847 and soon afterward opened a law office in Manitowoc Rapids, then the county seat of Manitowoc County. While in Manitowoc Rapids, Ellis held the positions of postmaster, clerk of the board of supervisors, and district attorney of Manitowoc County.

Ellis returned to Green Bay in 1851 and practiced law alone for several years. He was successively a member of the firms of Ellis and Greene; Ellis and Furber; E.H. Ellis and Hastings; Norris and Ellis; Hastings, Greene and Ellis; Ellis, Greene and Merrill; and Ellis and Merrill. In 1871 he was elected the fifth judge of the tenth circuit court of Wisconsin, but resigned in 1879 due to lack of remuneration and his declining health. During his residence in Green Bay, Ellis served as register of deeds for Brown County, 1854-1855; justice of the peace, 1856; mayor of Green Bay, 1860; alderman, 1862-1863; and postmaster, 1896-1899. Ellis was a member of the Democratic Party, following the political affiliation of his father. He was a candidate for a seat on the Wisconsin supreme court in 1868 against Byron Paine and in 1891 against Silas U. Pinney. He practiced law in Green Bay until his death on December 9, 1906.

Carlton Merrill was born in DePere on August 4, 1859, son of Captain Curtis R. and Jeanette (Blake) Merrill. He attended school in DePere until he was ten years old. At that time, the Merrill family moved to Ripon to facilitate the children's education at the preparatory school there. Merrill enrolled at the University of Wisconsin in 1878 and for the next two years also studied law during vacations with the firm of Norris and Ellis in Green Bay. Merrill paid his employers for the privilege of studying law with them by copying legal documents and doing routine tasks. He passed the state bar examination and was admitted to practice in 1881. He joined the firm of Ellis, Greene and Merrill in 1884. After George G. Greene left the firm in 1890, Merrill continued to practice law with E. H. Ellis and various other associates. On November 14, 1887, Merrill married Katherine Baker, daughter of James S. and Eliza A. (Baird) Baker, and granddaughter of Henry S. Baird. Merrill served as city attorney for Green Bay from 1889 to 1899 and had much to do with drafting the original ordinances concerning running water, plumbing, and electricity for that city.

Governor Robert La Follette appointed Merrill to the position of county judge for Brown County in 1902 to fill the seat vacated by the death of Judge Howard J. Huntington. Merrill was elected to his post in May 1902 and re-elected five times. He served as Brown County judge until his death on October 28, 1941. At the time of his death, Merrill was the oldest judge in Wisconsin and held the unique record of never missing a term in court. He was a member of the Knights Templars of the Masonic Order, the Elks Lodge, and the Union Congregationalist Church of Green Bay. He was nominally a Republican in his political affiliation.