Better

BETTER By: Melissa B. Carrasco

Egerton, McAfee, Armistead & Davis, P.C.

AN ABLE NEW YORK ATTORNEY

In 1856, Irvington-on-the Hudson was just a community about twenty-two miles north of New York City, nestled on the Eastern shore of the Hudson River.1 The area was originally settled by the Dutch in the 1600’s per a land grant to Frederick Philipse, but in 1779, New York confiscated Philipsburg Manor and its 52,000 acres because its owners were loyal to the Crown (which wasn’t exactly popular in NY in 1779).2

Then, Washington Irving bought 14 acres along the Hudson River for his “Sunnyside” retreat, and in 1854, the nearby Village of Dearman changed the name of its post office and railway station to “Irvington” in his honor.3 The city of Irvington would not be incorporated until 1872,4 so when Charles McNamee was born in 1856, it was still just a tiny community. But, small communities often produce the best people.

At the age of twenty-two, Charles graduated from the fledgling Columbia College Law School.5 Charles and his brother James moved to NYC and founded the law firm of Davies, Work, McNamee & Hilton.6 Apparently, “they had an extensive practice and some very celebrated cases. Many of their cases went before the United States Supreme Court.”7 However, the only reported case this author could find was a fascinating case from the E.D.N.Y. where the firm managed to get a verdict in favor of a tug-boat which collided with a canal boat.8

Despite that success, in 1888, thirty-two year old Charles moved to Asheville, North Carolina. He built a little house for himself and his family in the hills outside of the small, vacation town, and then, he did something unusual. He started buying up small tracts of land.9 You see, Charles didn’t move to Asheville for the fresh, mountain air. Charles was there for a client. George W. Vanderbilt put this young lawyer in charge of $8,000,000 ($241,407,157.89 in today’s dollars) and the construction of his family home and estate, which would be known as the Biltmore Estate.

With meticulous care, Charles acquired around 100,000 acres of land. “Titles had to be examined and deeds drawn up and recorded on each tract. Diplomacy had to be used to get the land desired and not to pay exorbitant prices.”10 “Mr. McNamee [showed] remarkable business and executive ability aside from his astuteness as an attorney.”11

But, during these acquisitions, Charles didn’t lose sight of what was really important. For example, there was an 11-acre tract of land abutting the Vanderbilt property. It was an attractive piece of property, with a tiny cabin in the center, and it would have rounded out the Vanderbilt acquisitions. But, there was one problem, the owner, Mr. Charles Collins, did not want to sell. Mr. Collins was African-American. This was rural North Carolina, and the Civil War was still very fresh in everyone’s memory.

Charles could have used unethical or underhanded means to acquire Mr. Collins’ property, but he didn’t. He offered to buy the property, topping out at $11,000 ($342,934.84 in today’s dollars). Mr. Collins steadfastly refused. So, Charles did not buy the property. In fact, Mr. Collins and his family lived in their tiny cabin next to the Biltmore Estate until the early 1900’s when they moved to Pittsburgh, PA.12 Even then, Mr. Collins didn’t sell the property to the Vanderbilts until 1907— probably because he could.13 That was the kind of attorney Charles was.

Once enough property was acquired, Charles oversaw all of the logistics of constructing the massive home and the beautiful grounds that draw thousands each year. He “systematized everything. Departments were organized, such as horticulture, forestry, agriculture, floriculture, etc., and chiefs appointed over each. The manager can sit in his handsome office building in the village of Biltmore and receive reports from the smallest detail in each department from its head man. Everything goes as smooth as clockwork.”14 He also oversaw Vanderbilt’s many investments into the City of Asheville.

It wasn’t without personal cost. In 1892, Charles got sued. In order to discreetly acquire some of the land, he purchased them in his own name. One of these plots was in the heart of Asheville. Its purpose was to build the Young Men’s Institute—a community center for the African American workers who worked on the Biltmore House.15 Charles hired Elihu H. Britt to excavate the property for $645.90, and Mr. Britt did so—by using explosives to level the property. Well, Mr. Hunt was standing in the doorway of a nearby hotel, and when the blast went off, a piece of rock struck him in the leg. So, Mr. Hunt did what people do. He sued the property owner: attorney Charles McNamee.16 A jury found Charles liable for $8,500 ($278,717.06 in today’s dollars). Fortunately, for Charles, the Fourth Circuit Court of Appeals found that the trial court erred by not allowing the jury to consider a central question: whether Charles knew “that blasting with gunpowder, dynamite, or other dangerous agency, would be necessary or would be used in making the excavation.”17 This was a mixed question or law and fact, and that meant the whole thing got remanded for a new trial for the jury to consider this question as well.18 History does not tell us what happened after that. In 1904, after construction officially ended, Charles and his family moved to Detroit.

Many articles were written about the Biltmore Estate and its construction. It was big news back in the day. But, it is rare for newspapers to report on the lawyer. Normally, our transactional colleagues serve quietly in the background, making things work for their clients. But, The People’s Journal recognized Charles McNamee’s contribution. “The expenditure of the $8,000,000 already put out and the entire management and direction of the Biltmore estate devolves upon Mr. Charles McNamee, an able New York attorney. . . .When, in the latter part of the ‘80’s Mr. George W. Vanderbilt decided to build his place in the ‘Land of the Sky,’ he wisely selected Mr. McNamee to take charge of the great work. That he made no mistake has been amply proven.”19 He was just an “able New York attorney,” doing his job, and helping to create a place we all can enjoy.

1 Irvington Historical Society, About Historic Irvington, https:// irvingtonhistoricalsociety.org/about/ (last visited Oct. 9, 2022). 2 Id. 3 Id. 4 Id. 5 Vanderbilt Palace at Biltmore, N.C., The People’s Journal (Mar. 18, 1897), available at https://www.newspapers.com/image/174631997/?fcfToken=eyJhbGciOiJIUzI1 NiIsInR5cCI6IkpXVCJ9.eyJmcmVlLXZpZXctaWQiOjE3NDYzMTk5NywiaWF0Ijox NjY1MzU3NzU3LCJleHAiOjE2NjU0NDQxNTd9.rq9LG4iYegNOCkhxadfL388 EAkTHQCIzQ_dlg1J4f0U; Notes from Theodore W. Dwight’s Lectures (1866-1867), available at https://archives.nypl.org/mss/875. 6 The People’s Journal, supra n. 5. 7 Id. 8 Gray v. The Steam-Tugs Jessie Russell & Atalanta, 5 F. 639 (E.D.N.Y. 1881). 9 The People’s Journal, supra n. 5. 10 Id. 11 Id. 12 WNC Historical Association at the Smith-McDowell House, Museum from Home

ANNUAL FALL HIKE

SATURDAY, NOVEMBER 5

The Professionalism Committee invites you to the annual fall hike on Saturday, November 5 at 10:00 a.m. at Seven Island State Birding Park. The hikers will meet at the park entrance trailhead and will hike about three miles. Informative panels found along the park’s trails inform visitors about the park’s bird population and the management practices employed to restore and maintain bird habitats.

Everyone should bring snacks and water for hiking as well as food and your favorite beverage for a post-hike picnic lunch. All are welcome to bring their family, and join us on Saturday, November 5, for this special time of enjoying nature, comradery and good food!

Please confirm your participation by registering online (click on November 5 on the event calendar at www.knoxbar.org). If you have questions about the hike or plan to bring food or drink for the picnic lunch, please let James Stovall know what you plan to bring at jstovall@rdjs.law. Directions (From Knoxville) Take I-40 East to Exit 402, Midway Road. Turn right onto Midway Road (toward Three Rivers Golf Course). Pass by Curtis Road and Smith School Road. Turn left onto Maples Road. Turn right at the intersection with Kodak Road. Turn left onto Kelly Lane at Bethel Church. Kelly Lane takes you to the gate. Parking is available in a lot to the right. A map of the park is posted at the entrance.

BETTER, continued from page 9

– Folkart Napkin Rings (Apr. 25, 2020), https://m.facebook.com/WNCHistory/ photos/a.135796763295563/1260952770779951/?type=3&paipv=0&eav=AfZy4 eX1TJfcQ6XYD9CkK9O1Fizdd0ayFvp1wMv2P2mbGz7zoozT8_tG0INStt-Ki4Y&_rdr, last visited Oct. 9, 2022. 13 Id. 14 The People’s Journal, supra n. 5. 15 Raymond Gavins, Young Men’s Institute, Encyclopedia of North Carolina (2006), available at https://www.ncpedia.org/young-mens-institute. 16 McNamee v. Hunt, 87 F.298 (4th Cir. Ct. App. 1898) 17 Id. at 302. 18 Id. 19 The People’s Journal, supra n. 5.