USA > Ohio > The biographical annals of Ohio, 1906-1907-1908. A handbook of the government and institutions of the state of Ohio. > Part 52
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M. G. Tielke
Cleveland.
April 7, 1910. -
F. H. King is the president of the Board and W. R. Ogier is secre- tary and treasurer.
THE BOARD OF LIVE STOCK COMMISSIONERS.
T. L. CALVERT, SECRETARY.
DR. PAUL FISCHER, VETERINARIAN.
A CCORDING to a law passed May 7, 1902, the Ohio State Board of Agriculture constitutes the State Board of Live Stock Com- missioners. This Board appoints a veterinarian, who is sub- ject to its rules and regulations, and, in certain cases, when deemed ad- visable, additional veterinarians may be temporarily appointed.
This Board is delegated with power to prescribe rules for carrying into effect and enforcing all the laws of the State withreference to pro- tecting live stock and exterminating disease, and is authorized to, and does, co-operate with the Bureau of Animal Industry of the United States Department of Agriculture. The scope of the Board's work is entirely administrative in character, the object being not to treat disease, but to prevent its spread and provide means for eradication. Prevention is brought about, as far as possible, by enforcing the laws forbidding the transportation of diseased animals through the State, and by regu- lating the sanitary condition of stock-yards and railway cars and other conveyances used for transporting animals; and also the condition of buildings and public and private premises where live stock may be quartered.
The shipments of Southern cattle infested with ticks, the carriers of Southern cattle fever, are carefully guarded and regulated. Under the rules and regulations of this Board, Southern cattle, which are liable to convey Southern cattle fever (Texas fever) to native cattle, must be shipped in distinctly placarded cars and unloaded in special pens provided for that purpose. Cars and other conveyances used for transporting such cattle must be thoroughly disinfected, according to prescribed methods, before they can again be used for transporting other animals or merchandise of any kind. In this way the spread of Southern cattle fever has been kept under absolute control.
When dangerously infectious or contagious diseases break out, their further spread is checked by enforcing strict quarantine regulations. In enforcing these regulations and in receiving information regarding out- breaks of dangerous diseases the co-operation of live stock owners and transportation companies is of the greatest value, in fact without such co-operation no effective work can be done.
Certain widespread diseases and others of a very malignant nature receive particular attention. The introduction of diseases at present not
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THE BIOGRAPHICAL ANNALS OF OHIO.
The Board of Live Stock Commissioners.
existing in the United States, but which might at any time be introduced with imported animals, such diseases, for instance, as contagious pleuro- pneumonia in cattle and foot and mouth diseases in cattle, swine and other animals, are guarded with the greatest caution, since their introduction would mean incalculable losses to individuals and their extermination an enormous cost to the country. When in the opinion of the Board of Live Stock Commissioners it is necessary to prevent the further spread of any dangerous, contagious, or infectious disease, to destroy certain affected or exposed animals, such animals, after being examined by the state veterinarian and pronounced affected with the disease in question, may be ordered destroyed. For animals thus destroyed the owner receives a certain compensation from the State. Claims under this provision must be approved by the Board of Live Stock Commissioners, reported by this Board to the Governor, and by him communicated to the legislature with the recommendation, if the matter is approved by him, that the proper appropriation be made to pay such claims. Thus far this provision has been applied to glanders in horses and mules, rabies (hydrophobia) in swine, and tuberculosis in cattle.
Animals affected with rabies, Southern cattle fever, sheep-pox, mange, or any other dangerous, infectious or contagious disease, the spread of which can be controlled by isolation of the infected animals, are strictly quarantined until all danger of communicating the disease has passed. The cost of the quarantine is always borne by the owner of the quar- antined animals.
Shipments of live stock into the State and cars or other conveyances carrying such live stock, are subject to inspection by the State Veterin- arian whenever this is necessary to enforce any of the rules and regula- tions of the Board. The State Veterinarian is the authorized person to issue certificates of health for animals intended to be shipped to other states requiring such certificates.
Special plans for controlling tuberculosis in cattle and swine and for reducing the losses occasioned by hog cholera are being introduced; literature relating to these subjects is from time to time issued by the State Veterinarian and distributed to all applicants who may be inter- ested.
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654
THE BIOGRAPHICAL ANNALS OF OHIO.
The Board of Live Stock Commissioners.
OFFICERS,
Name.
Office.
L. P. Bailey.
C. H. Ganson. T. L. Calvert
J. W. Fleming
Paul Fischer.
President. Vice-President. Secretary. Assistant Secretary.
Veterinarian.
MEMBERS.
Name.
Term Expires.
L. P. Bailey, Tacoma, Belmont County
C. H. Ganson, Urbana, Champaign County .
Sam'l Taylor, Grove City, Franklin County
P. G. Ewart, East Akron, Summit County H. M. Brown, Hillsboro, Highland County.
January, 1909. January, 1912. January, 1908.
T. E. Cromley, Ashville, Pickaway County
January, 1908. January, 1909. January, 1910. January, 1910.
L. W. Kilgore, London, Madison County .
Wm. Miller, Gypsum, Ottawa County .. C. W. McFarland, Galion, Crawford County A. P. Sandles, Ottawa, Putnam County.
January, 1911. January, 1911. January, 1912.
THE BOARD OF VETERINARY EXAMINERS.
T HE law creating the State Board of Veterinary Examiners was passed by the General Assembly May 21, 1894. The Board con- sists of five members ; the Secretary of the State Board of Agri- culture and the Secretary of the State Board of Health are made ex officio members by the law, while the Governor has the appointment of the other members. A list of the officers, from the organization of the Board to date, is given below :
PRESIDENTS.
Names.
Residence.
Term of Service.
L. N. Bonham.
Oxford
W. W. Miller
Castalia.
C. O. Probst.
Columbus
July 25, 1894, to Feb. 1, 1895. Feb. 1, 1895, to April 8, 1906. July 1, 1906-still serving.
SECRETARIES.
Names.
Residence.
Term of Office.
Dr. C. O. Probst
Columbus.
Dr. N. B. Smith.
Basil
Dr. H. J. Detmers.
Columbus.
Dr. W. E. Wight.
Delaware
Dr. D. S. White.
Columbus.
July 25, 1984, to July 2, 1895. July 2, 1895, to October 6, 1896. October 6, 1896, to July 18, 1898 . July 18, 1898, to October 6, 1898 . October 6, 1898-still serving.
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SELWYN N. OWEN.
Member State Board of Arbitration.
SELWYN N. OWEN was admitted to the bar in 1862, and began practice in Fremont, Ohio. In 1863 he removed to Bryan, Ohio, where he soon entered upon a large and remunerative practice in Northwestern Ohio. In 1876 he was elected to the Common Pleas bench and re-elected in 1881. In 1883 he was elected to the Supreme Court of Ohio, where he served for nearly six years, four years of which time he was Chief Justice of that court, retiring in 1889. He at once entered upon a successful practice and in 1893 he was ap- pointed to a membership of the State Board of Arbitration and was made its chairman, in which capacity he is still serving. In 1897 he was appointed by Mayor Samuel L. Black, Director of Law of the city of Columbus, and served for two years. He is a Democrat in politics and will be 72 years old on July 5, 1908.
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NOAH H. SWAYNE.
Member State Board of Arbitration.
G OVERNOR CHARLES FOSTER was succeeded by Noah Haynes Swayne, a son of Judge Noah H. Swayne of the United States Supreme Court and Sarah Ann Wager of Harper's Ferry, Virginia. He was born in Columbus, Ohio, November 30, 1847. He prepared for college at Phillips Academy, An- dover, Massachusetts, and graduated from Yale in the class of 1870. He is a member of the bar of the State of Ohio and is senior member of the firm of Swayne, Haynes, Fuller and Tyler, of Toledo, Ohio. He served one term in the Legislature, having been a member of the 65th General Assembly. In 1900 he was Presidential Elector and in 1903 he' was nominated as Elector at Large from the State of Ohio, by the Republican convention, held in the summer of that year. He is President of the Toledo City Library Board and has occupied a number of similar positions. He was married March 16, 1886, to Miss Frances, daughter of the late J. B. Sickles, of St. Louis, Missouri.
42-B. A.
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JOSEPH BISHOP.
Member State Board of Arbitration.
J OSEPH BISHOP was appointed by Governor Mckinley to represent labor on the State Board of Arbitration, and upon the organization of the Board, May 29, 1893, he was elected Secretary and has filled that postition ever since. He is the acting member of the Board and the only one who devotes his entire time to the work. All routine business passes through his hands and the policy pursued in labor controversies is in the initatory stage left to his judgment.
Mr. Bishop was born at Buford, South Wales, June 9, 1839. His father was an iron worker and emigrated to America in 1840, locating at Pittsburg, Pa. Here, Joseph attended the public schools until he was thirteen years old at which age he started to work in the rolling mill. In 1859, he took an active part in organizing the United Sons of Vulcan, or Puddler's Union, the first organization of iron workers in this country. He continued to work at his trade of puddling and his activity in the union until the breaking out of the Civil War, when he enlisted in Company B, 13th Pennsylvania Volunteers. At the close of the three months' service he re-enlisted in Company B, 102nd Pennsylvania Regiment, and was commissioned First Lieutenant. At the close of the war he returned to Pittsburg and resumed his vocation. At the Na- tional Convention of the United Sons of Vulcan, held at Philadelphia, in August, 1874, Mr. Bishop was elected National President, which office he held for three years, and during which time he established the first yearly scale of wages for the iron workers of America. He formed the plan of consolidating the various iron workers' unions into one organization. The result of this ef- fort was the formation on August 4, 1876. of the Amalgamated Association of Iron and Steel Workers of the United States. He served as its President until 1881, when he retired from office and again went to work in a rolling mill continuing there until 1885, when he removed to Columbus.
Mr. Bishop was appointed a member of the State Board of Arbitration by Governor Mckinley in April, 1893, re-appointed by Governor Bushnell in 1896 and 1899, and again re-appointed by Governor Nash in 1902.
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THE STATE BOARD OF ARBITRATION.
T HE State Board of Arbitration was organized May 29, 1893, under an act of the previous session of the General Assembly of Ohio, Governor Mckinley having appointed as members of such Board the Hon. John Little, ex-member of Congress, from Greene County; the Hon. Selwyn N. Owen, ex-Chief Justice of the Supreme Court of Ohio, and Joseph Bishop, a representative of the Trades Unions, both of the latter from Franklin County. Mr. Owen was elected chairman of the Board and Mr. Bishop secretary, and these officers have served uninter- ruptedly by re-appointment and re-election. Mr. Little died October 18, 1900, and in his stead the Governor appointed Mr. R. G. Richards, of Steubenville, a former Lieutenant-Governor of Ohio. On February 20, 1902, Mr. Richards tendered his resignation, having previously been elected to the Common Pleas bench. The vacancy caused by the resig- nation of Mr. Richards was filled on May 10th, when the Governor appointed George W. Crouse, of Akron, to serve the unexpired term. Mr. Crouse served until the end of the term, April 9, 1903, when he was suc- ceeded by ex-Governor Charles Foster, of Fostoria. Mr. Foster died January 9, 1904. The vacancy thus caused was filled by the appoint- ment of Hon. Noah H. Swayne, of Toledo. There have been no other changes in the Board since its creation in 1893. It has acted as arbitrator in a number of serious difficulties between employers and workmen. Its most important work, however, has been along the line of mediation and conciliation. In many instances what might have been serious trouble has been checked in its incipiency through the prompt and conciliatory offices of the Board.
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STATE GEOLOGISTS.
T HE First Geological Survey of Ohio was authorized in 1837, and work was begun in that year by W. W. Mather, who published in 1838 the results of the field work done by himself and as- sistants in 1837 and 1838. From 1839 to 1869 the work stood in abeyance.
The second Geological Survey was undertaken during the year 1869 by legislative authority with Prof. John S. Newberry in charge, and was prosecuted by him till 1882, by which time seven volumes had been published. These volumes were devoted chiefly to the scientific side of the subject; the economic side on which the popular interest chiefly cen- tered was delayed.
Partly owing to this delay Professor Edward Orton, who had been working on the Geological corps since 1869, was promoted to the position of State Geologist. He immediately took up the economic reports, bring- ing them out in three principal volumes and a number of smaller publi- cations.
In 1889, at the request of Professor Orton, a third organization of the Survey was made by which it became a permanent bureau with in- structions to present annual reports. But one report was submitted strictly according to the terms of this law. From 1893 to 1899 the work stood in abeyance, no appropriations being made, though the office existed at least by title.
.
In 1899 on the death of Edward Orton, his son Edward Orton, Jr., was appointed, and is still in office. A fourth series of publications has been begun, and one volume distributed.
The roster of State Geologist is therefore :
W. W. Mather. .1837-1839
John S. Newberry . 1869-1882
Edward Orton ... .1882-1899 Edward Orton, Jr. 1899-
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STATE BOARD OF EMBALMING EXAMINERS.
Charles J. Krupp, Sandusky
June 6, 1905, to June 5, 1908
George Billow, Akron . June 6, 1906, to June 5, 1909
W. M. Bateman, Zanesville
June 6, 1907, to June 5, 1910
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THE ARCHAEOLOGICAL AND HISTORICAL SOCIETY.
A BRIEF HISTORY.
D URING the year 1875, an archæological society was formed at General Brinkerhoff's home, in Mansfield, Ohio. The society, through the efforts of General Brinkerhoff, received an appro- priation from the Legislature of two thousand five hundred dollars, to be expended in making an exhibit at the Centennial Exposition at Phila- delphia. Prof. John T. Short, of the Ohio State University, was secre- tary of the society, and it flourished under his secretaryship until his untimely death (November 11, 1883), when the society became dormant and practically inoperative. Governor Hoadley, who took an active in- terest in all matters pertaining to the archæology and history of the State, upon his accession to office conferred with Mr. A. A. Graham and suggested a revival of the old society. A meeting for the purpose of carrying into effect this suggestion was convened at the Secretary of State's office, on the twelfth day of February, 1885, and it was decided to extend to all persons in the State interested in the formation of such a society, an invitation to meet on the twelfth day of March following, at Columbus, Ohio. In response to the circulars sent out some sixty gen- tlemen, from all parts of Ohio, representing the various departments of scholarship, convened on the day specified, in the Library Room of the State Capitol. The meeting having been called to order by Hon. S. S. Rickley, the Hon. Allen G. Thurman was made president, and Mr. A. A. Graham elected secretary. This convention continued in session for two days, and resulted in perfecting an organization known as The Ohio State Archaeological and Historical Society, which was duly incorporated on the 13th day of March, 1885. The articles of incorporation succinctly set forth the purposes and aims of the society, as follows :
I. The name of such corporation shall be The Ohio State Archaeo- logical and Historical Society.
2. Said corporation shall be located and its principal business trans- acted at the City of Columbus, County of Franklin, and State of Ohio.
3. Said society is formed for the purpose of promoting a knowledge of Archæology and History, especially of Ohio, by establishing and main- taining a library of books, manuscripts, maps, charts, etc., properly per- taining thereto; a museum of prehistoric relics and natural or other curiosities or specimens of art or nature promotive of the objects of the Association-said library and museum to be open to the public on reason- able terms-and by courses of lectures and publication of books, papers,
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The Archaeological and Historical Society.
and documents touching the subjects so specified, with power to receive and hold gifts and devises of real and personal estate for the benefit of such Society, and generally to exercise all the powers legally and properly pertaining thereto.
4. Said Society has no capital stock.
The Articles of Incorporation were signed by twenty-eight persons.
TRUSTEES OF THE SOCIETY IN 1907.
Elected by the Society.
Name.
Residence.
Term Expires.
-
Hon. J. Warren Keifer
Springfield
1909.
Mr. E. F. Wood. .
Columbus.
1909.
Rev. I. F. King.
Columbus.
1909.
Mr. G. F. Bareis
Canal Winchester
1909.
Hon. Rush R. Sloane.
Sandusky.
1909.
Prof. C. L. Martzolff.
New Lexington
1908.
Hon. R. E. Hills
Delaware
1908.
Prof. G. Frederick Wright.
Oberlin.
1908.
Col. James Kilbourne.
Columbus.
1908.
Judge James H. Anderson
Columbus
1908.
Gen. R. Brinkerhoff
Mansfield
1907.
Hon. M. D. Follett
Marietta.
1907.
Hon. D. J. Ryan.
Columbus.
1907.
Rev. H. A. Thompson, D. D.
Dayton
1907.
Hon. J. H. Beal.
Scio.
1907.
APPOINTED BY THE GOVERNOR.
Name.
Residence.
Term Expires.
Prof. M. R. Andrews.
Marietta.
1907.
Hon. M. S. Greenough .
Cleveland
1907.
Col. J. W. Harper.
Cincinnati.
1909.
Rev. N. B. C. Love.
Elmore .
1909.
Prof. B. F. Prince.
Springfield
1908.
Hon. E. O. Randall
Columbus
1908.
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THE BIOGRAPHICAL ANNALS OF OHIO.
The Archaeological and Historical Society.
OFFICERS OF THE SOCIETY IN 1906. ELECTED BY THE TRUSTEES, JUNE 6, 1906.
Name.
Office.
Elected.
Gen. Roeliff Brinkerhoff.
President ..
1906
Geo. F. Bareis
1st Vice-President ..
1906
G. Fred Wright.
2d Vice-President. .
1906
E. O. Randall, Ph. B., LL. M.
Secretary and Editor.
1906
Edwin F. Wood.
Treasurer .
1906
W. C. Mills, M. Sc.
Curator and Librarian.
1906
PAST OFFICERS.
The following have served as Presidents of the Society since its organiza- tion : Allen G. Thurman, Francis C. Sessions, Rutherford B. Hayes, and Roe- liff Brinkerhoff.
Mr. A. A. Graham occupied the office of secretary from the organiza- tion of the society, March 13, 1885, until December, 1893, when ill health compelled him to remove West. He died in Albuquerque, N. M., in Feb- ruary, 1896.
Mr. E. O. Randall was elected assistant secretary in December, 1893, to act as secretary in the absence of Mr. Graham. At the annual meet- ing of the trustees February 20, 1894, Mr. Randall was elected associate secretary, and February 19, 1895, was elected secretary, which office he has since held.
WORK OF THE SOCIETY.
The Society has an Archæological Museum in Orton Hall, Ohio State University, in which there is a collection of 50,000 specimens of the relics and antiquities of the Mound Builders and later Indians. It has a valu- able library numbering hundreds of volumes pertaining mainly to the his- tory of Ohio. The Society publishes each year an annual volume of ma- terial concerning the history, archæology and biography of the State. It has published fifteen such volumes, averaging 400 pages to the volume, also an Archæological History of Ohio, History of Ohio Canals, History of Serpent Mound, etc. The Society is the custodian of Ft. Ancient, Warren County, and Serpent Mound in Adams County. Each summer it sends out a corps of explorers for the purpose of examining the prehistoric mounds and making permanent record of the discoveries made therein.
PART FOUR
THE JUDICIARY OF THE TERRITORIAL AND STATE GOVERNMENT IN OHIO.
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TABLE OF CONTENTS-PART FOUR.
PAGE.
Commendation of the Judiciary 667
The Supreme Court of the State of Ohio 668
Biographical Sketches of Present Judges of the Supreme Court of Ohio. 670
Judges of the Territorial Courts of the Northwest Territory (1787-1802) 682
Judges of the Supreme Court of the State of Ohio (1802-1851) 684
Judges of the Supreme Court of Ohio Under the Constitution of 1851. 683
The Supreme Court Commissions 695
The Supreme Court Law Library 696
The Reporter of the Supreme Cour 702
The Clerk of the Supreme Court 705 The Circuit Courts of Ohio 706
1 The Courts of Common Pleas 712
The Courts of Common Pleas Since 1851 732
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A TRIBUTE TO THE JUDICIARY OF OHIO.
W HILE engaged in a search through the legislative journals of Ohio for data for the Ohio Hundred Year Book (1901) of which this publication is a continuation, the following ex- pressive paragraph was found in the annual address of Governor Joseph Vance to the General Assembly of Ohio, December 13, 1836:
"I have again and again,' whilst on business in the eastern cities, heard our judiciary spoken of in terms that made me proud that I was a citizen of Ohio. 'No collusion or fraud, sir,' says an eminent merchant of one of our eastern cities, 'can stand before your judiciary.' This is the character, gentlemen, that causes capital to seek employment here; this is the character that gives security to our rights, and value to our property ; and to these combined causes, are to be attributed a large por- tion of that flowing prosperity that is felt throughout every portion of our commonwealth."
In the years since 1836 Ohio has continued to owe to the judiciary of the State, the security and character which attracted attention in the early years of statehood.
E. HOWARD GILKEY, Law Librarian.
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THE SUPREME COURT OF THE STATE OF OHIO.
(MEMBERSHIP JULY, 1907.)
JOHN A. SHAUCK, Chief Justice.
JUDGES. JAMES L. PRICE, WILLIAM B. CREW, AUGUSTUS N. SUMMERS,
WILLIAM T. SPEAR, WILLIAM Z. DAVIS.
ORGANIZATION.
T HE Supreme Court of the State of Ohio consists of six judges, two of whom are elected each alternate year, for terms of six years each. This court is divided into two divisions of three judges each, the first division consisting of the Chief Justice and the third and fifth judge in the order of the expiration of their terms, and the second division consists of the remaining three. The judge second in rank in the court is Chief Justice of the second division.
PRACTICE.
When the judges comprising either division divide as to the decision in a cause before it, the cause shall be reserved for decision by the full court ; and when different causes involving the same question are before the respective divisions at the same time, such causes shall also be re- served for decision by the full court. If the whole court be divided evenly as to the decision in any cause, the judgment of the lower court shall be entered as affirmed, and such decision shall be held to be the law as to all such questions in other causes until overruled by a majority of all the judges. And when the members of the court, in any matter of original jurisdiction, divide evenly on any question or questions therein, the determination of the members with whom the Chief Justice votes shall be held to be the judgment of the court.
LOCATION.
The department of the Supreme Court occupies the entire second floor of the judiciary building of the State Capitol, with the court rooms,
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THE BIOGRAPHICAL ANNALS OF OHIO.
The Supreme Court of the State of Ohio.
consultation rooms and other rooms used in the business of the court, and the north half of the first floor of the building with the Supreme Court Law Library, one of the largest and best equipped law libraries in the Middle West.
WEEKLY COURT CALENDAR.
For'the mutual convenience of the court and of parties in suit before it, the following rule in practice is observed :
Mondays-Reserved for consultation.
Tuesdays-Decision day.
Wednesdays-Hearing of oral arguments.
Thursdays-Motion day.
Fridays-Hearing of oral arguments.
Saturdays-Reserved for consultation.
JOHN A. SHAUCK.
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JOHN A. SHAUCK.
J OHN A. SHAUCK was born on a farm near Johnsville, Richland County, Ohio, March 26, 1841; descendant from German stock; ancestors on his father's side emigrating from the fatherland and settling in America before the American Revolution. He obtained his early education in a private school and the public schools of Johnsville. In 1866 he graduated in the classical course from Otterbein University, Westerville, Ohio. He attended the law school of the University of Michigan, graduating from the same in 1867. He entered upon the general practice of the law at Dayton, Ohio, con- tinuing the same until 1884 when he was elected upon the Republican ticket to the Second Circuit Court. He was re-elected Judge of the Circuit Court in 1889. At the Republican convention held in Columbus, June, 1894, Judge Shauck was nominated for the office of Supreme Judge. He was elected in the following fall and took his seat February 9, 1895, to serve for a full term of six years. Judge Shauck was Chief Justice of the Supreme Court of Ohio in 1900, during which year he was re-elected for the full term of six years ending February 9, 1907. He became Chief Justice for the second time February 9, 1906, and by reason of the adoption of the Constitutional Amend- ment which provides for holding State elections every second year, his term both as Judge and as Chief Justice has been extended until December 31, 1908.
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