USA > Ohio > The biographical annals of Ohio, 1906-1907-1908. A handbook of the government and institutions of the state of Ohio. > Part 54
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From March, 1835, to February 10, 1836, the court consisted of Judges Lane, Wright, Wood and Hitchcock.
Frederick Grimke, of Ross County, was elected on January 30, 1836, to succeed Judge Collett, whose term expired on the Ioth of February. By the re-election of Judge Lane for the period of seven years from the 18th day of December, 1837, and of Judge Wood, in 1839, the court as constituted in 1836 continued without interruption until 1842, viz .: Eben- ezer Lane, Reuben Wood, Peter Hitchcock and Frederick Grimke.
Matthew Birchard, of Trumbull County, was elected by the General Assembly on January 15, 1842, to succeed Judge Hitchcock, whose term expired in February of that year, and Nathaniel C. Reed, of Hamilton County, was elected on the 5th of March, to succeed Judge Grimke, re- signed. The court thus constituted, from March, 1842, to December, 1844, was composed of Judges Ebenezer Lane, Reuben Wood, Matthew Birchard and Nathaniel C. Reed.
In December, 1844, the term of Judge Lane expired. He was
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THE BIOGRAPHICAL ANNALS OF OHIO.
Historical Sketch of the Judges of the Supreme Court.
promptly re-elected by the General Assembly on the 5th of the month, but remained on the bench only during the session of the court in bank, when he resigned. His successor was elected on the 27th of the same month (December), in the person of ex-Judge Peter Hitchcock. The action of the General Assembly in re-electing Judge Lane to succeed himself in 1836 and 1844 was, with the exception of the re-election of Judge Wood, in 1839, contrary to the usual refusal of the assembly to grant consecutive terms to the members of the Supreme Court.
The members of the Supreme Court in the years 1845 and 1846 were Judges Reuben Wood, Matthew Birchard, Nathaniel C. Reed and Peter Hitchcock.
On the 15th day of January, 1847, the General Assembly elected Edward Avery, of Wayne County, to succeed Judge Wood (term ex- piring), aithough the Judge was a candidate for re-election. From Feb- ruary, 1847, to February, 1849, the membership of the court was : Judges Matthew Birchard, Nathaniel C. Reed, Peter Hitchcock and Edward Avery.
On the 22d day of February, 1849, the General Assembly elected as members of the Supreme Court : Rufus P. Spalding, of Summit County, for seven years from March 5, to succeed Judge Reed, resigned; and William B. Caldwell, of Hamilton County, for seven years from March 7, to succeed Judge Birchard, term expired.
The court for 1849-1850, consisted of Judges Hitchcock, Avery, Spalding and Caldwell.
The last change in the court prior to the enforcement of the present constitution of Ohio was occasioned by the resignation of Judge Avery, and the election of his successor in the person of Rufus P. Ranney, of Trumbull County, on the 17th of March, 1851. The court served as thus constituted until "the second Monday in February, 1852," when the official term of the new officers elected under the constitution began. The mem- bership of the court from February, 1851, to February, 1852, was Judges Hitchcock, Spalding, Caldwell and Ranney.
JUDGES OF THE SUPREME COURT OF OHIO UNDER THE CONSTITUTION OF 1851.
The constitution of 1851 contains the following provisions for the continuance of the authority of the Supreme Court :
SEC. 11. Schedule. Suits pending in the Supreme Court in bank shall be trans- ferred to the Supreme Court provided for in this Constitution, and be proceeded in according to law.
The personnel of the Supreme Court of Ohio has been, consecutively, as given below for the years named :
1852. On the 9th day of February, 1852, the then Supreme Court, which had been elected by the General Assembly under the old constitu-
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THE BIOGRAPHICAL ANNALS OF OHIO.
Historical Sketch of the Judges of the Supreme Court.
tion, and consisting of Judges Peter Hitchcock, Rufus P. Spalding, Wil- liam B. Caldwell, and Rufus P. Ranney, passed out of existence, and a new court, elected by the people of Ohio at the previous election in Octo- ber, came on the bench in the persons of Judges Willianı B. Caldwell, of Hamilton County (re-elected) ; Rufus P. Ranney, of Trumbull County (re-elected) ; Thomas W. Bartley, of Richland County ; John A Corwin, of Champaign County ; and Allen G. Thurman, of Ross County.
On the organization of the court, the judges drew lots for the length of their terms, the lot resulting: For one year, Judge Caldwell; for two years, Judge Bartley; for three years, Judge Corwin; for four years, Judge Thurman; and for five years (the length of the regular term under the new constitution), Judge Ranney. Judge Caldwell was re- elected in 1852, and Judge Bartley was re-elected in 1853, so the court remained as installed in February, 1852, until December, 1854, with the following membership: Judges Caldwell, Ranney, Bartley, Corwin and Thurman.
1854-1855. Judge Corwin resigned in December, 1854, and was succeeded by Robert B. Warden, of Franklin County, who was appointed to the vacancy and served until February 9, 1855, when he was succeeded by Joseph R. Swan, of Franklin County, who was elected to the seat.
Judge Caldwell also resigned in the December term of 1854, and was succeeded by William Kennon, of Belmont County, who was ap- pointed to fill the vacancy and then elected at the October election, 1854, to succeed himself.
The court for the year 1854 consisted of Judges Caldwell, Ranney, Corwin, Bartley, and Thurman, until the second division of the Decem- ber term; and of Judges Ranney, Bartley, Thurman, Warden, and Ken- non, from that time until February 9, 1855.
1855-1856. Judge Swan took his seat on the bench as the suc. cessor of Judge Warden and Judge Corwin (as explained above) on the 9th day of February, 1855, the court consisting of Judges Ranney, Bart- ley, Thurman, Kennon, and Swan.
1856. Judge Kennon served to the adjourned session in March, 1856, as did Judge Thurman; the terms of each expiring at that time. They were succeeded by Judges Jacob Brinkerhoff, of Richland County, and Charles C. Convers, of Muskingum County, who had been elected the previous October. Judge Convers resigned in May on account of ill health, never having taken his seat on the bench; he was succeeded by Ozias Bowen, of Marion County, who was appointed to fill the vacancy and elected to succeed himself in October following.
The court from February 9 to May 15, consisted of Judges Ran- ney, Bartley, Swan, Brinkerhoff, and Convers; and from May 15 to February 9, 1857, of Judges Ranney, Bartley, Swan, Brinkerhoff, and Bowen.
44-B. A.
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THE BIOGRAPHICAL ANNALS OF OHIO.
Historical Sketch of the Judges of the Supreme Court.
1857. Josiah Scott of Butler County, was elected to succeed Judge R. Ranney, in October, 1856, and took his seat February 15, 1857, the court being composed of Judges Bartley, Swan, Brinkerhoff, Bowen and Scott.
1858. Milton Sutliff, of Trumbull County, was elected in October, 1857, to succeed Judge Bowen, and took his seat February 9, 1858, the court consisting of Judges Bartley, Swan, Brinkerhoff, Scott, and Sutliff.
1859. William V. Peck, of Scioto County, was elected in October, 1858, to succeed Judge Bartley, and took his seat February 9, 1859, the court consisting of Judges Swan, Brinkerhoff, Scott, Sutliff, and Peck.
Judge Swan, then Chief Justice, resigned in November, and Wil- liam Y. Gholson, of Hamilton County, who had been elected in Octo- ber to a seat in the court, was appointed to succeed him. He took his seat November 8, and entered on his regular term the 9th of February, I860.
The members of the court from November, 1859, to February, 1863, were Judges Brinkerhoff, Scott, Sutliff, Peck, and Gholson.
Judge Brinkerhoff was re-elected in 1860, and Judge Scott was re- elected in 1861.
1863. Ex-Judge Rufus P. Ranney was elected in October, 1862, to succeed Judge Sutliff, and took his seat on the 9th day of February, 1863; the court from this date to December 12th consisting of Judges Brinkerhoff, Scott, Peck, Gholson, and Ranney.
On the IIth of December, 1863, Judge Gholson resigned, and Horace Wilder, of Ashtabula County, was appointed for his unexpired term. Judge Wilder was elected to succeed himself in October, 1864. Hocking Hunter, of Fairfield County, was elected to succeed Judge Peck in October, 1863, and took his seat on February 9, 1864, only to resign the same day.
William White, of Clark County, was appointed to the vacancy oc- casioned by the resignation of Judge Hunter and was elected in October, 1864, for the unexpired term.
Luther Day, of Portage County, was elected in October, 1864, to succeed Judge Wilder, and took his seat February 9, 1865.
The membership of the court during the years 1863-1865, was there- fore :
December 12, 1863, to February 9, 1864: Judges Brinkerhoff, Scott, Peck, Ranney, and Wilder.
February 9, 1864: Judges Brinkerhoff, Scott, Ranney, Wilder, and Hunter.
February 10, 1864: Judges Brinkerhoff, Scott, Ranney, Wilder, and White.
February 9, 1865: Judges Brinkerhoff, Scott, Ranney, White, and Day.
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THE BIOGRAPHICAL ANNALS OF OHIO.
Historical Sketch of the Judges of the Supreme Court.
Judge Ranney resigned on the 23d of February, 1865, and his suc- cessor was appointed in the person of John Welch, of Athens County, who was elected in October following for the unexpired term.
February 23, 1865, to February 9, 1871, the court was composed of Judges Brinkerhoff, Scott, White, Day and Welch.
February 9, 1871. George W. McIlvaine, of Tuscarawas County, who has been elected in October to succeed Judge Brinkerhoff, came upon the bench and the court was thus composed of Judges Scott, Welch, White, Day, McIlvaine, and West.
February 9, 1872. William H. West, of Logan County, elected to succeed Judge Scott, came upon the bench, the court then consisting of Judges Welch, White, Day, McIlvaine, and West.
Judge West resigned in 1873 and was succeeded by Walter F. Stone, of Erie County, who was appointed by the Governor, and elected in October to fill the unexpired term. He in turn resigned in September, 1874, and was succeeded by George Rex, of Wayne County, who was ap- pointed by the Governor, and then elected by the people to fill the unex- pired term of Judge West.
The re-election of Judge Welch in October, 1872, of Judge White in October, 1873, and the election of William J. Gillmore, of Preble County, to succeed Judge Day in October, 1874, led to the following changes in the personnel of the court in the years named :
In 1873 the court was composed of Judges White, Day, McIlvaine, West, Stone and Welch.
In 1874 of Judges Day, McIlvaine, Stone, Rex, Welch, and White. In 1875 of Judges McIlvaine, Rex, Welch, White, and Gillmore.
In 1876 of Judges Rex, Welch, White, Gillmore, and McIlvaine. Judge McIlvaine was re-elected in October, 1875.
In October, 1876, W. W. Boynton, of Lorain County, was elected to succeed Judge Rex, and 'took his seat February 9, 1877, and in Octo- ber, 1877, John W. Okey, of Franklin County, was elected to succeed Judge Welch.
Judge White was re-elected in October, 1878, and in the following year William W. Johnson, of Lawrence County, was elected to succeed Judge Gillmore. Judge McIlvaine was re-elected in October, 1880, and in November, 1881, Judge Boynton resigned, the Governor appointing as his successor for the unexpired term until the next February, Nicholas Longworth, of Hamilton County, who had been elected for the full term of five years, a month before the resignation of Judge Boynton.
The personnel of the court from February 9, 1877, to February 9, 1882, was as follows :
February 9, 1877-1878: Judges Welch, White, Gillmore, McIlvaine, and Boynton.
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THE BIOGRAPHICAL ANNALS OF OHIO.
Historical Sketch of the Judges of the Supreme Court.
February 9, 1878-1879: Judges White, Gillmore, McIlvaine, Boyn- ton, and Okey.
February 9, 1879-1880: Judges Gillmore, McIlvaine, Boynton, Okey, and White.
February 9, 1880-1881 : Judges McIlvaine, Boynton, Okey, White, and Johnson.
February 9, 1881-1882: Judges Boynton (Longworth), Okey, White, Johnson and McIlvaine.
February 9, 1882-1883: Judges Okey, White, Johnson, McIlvaine, and Longworth.
Judge Okey was re-elected in October, 1882, but the resignation of Judge Longworth and the death of Judge White, both occurring in March, 1883, created a number of changes in the court in that year. John H. Doyle, of Lucas County, was appointed by the Governor to suc- ceed Judge Longworth, and took his seat in the court on the 10th day of March. Martin D. Follett, of Washington County, was, however, elected to fill the vacancy in October, and qualified on the 8th day of December, Judge Doyle retiring. Judge White, who had served in the court for over 19 years, died on the 12th day of March in the same year, and William H. Upson, of Summit County, was appointed by the Gov- ernor as his successor. He took his seat on the 14th day of March, but Selwyn N. Owen, of Williams County, having been elected in October for the unexpired term, qualified on the 8th of December, Judge Upson retiring.
The court during this year (1883) was composed of the following membership :
February 9 to March 9: Judges White, Johnson, McIlvaine, Long- worth and Okey.
March Io to March 12: Judges White, Johnson, McIlvaine, Doyle, and Okey.
March 14 to December 7: Judges Upson, Johnson, McIlvaine, Doyle, and Okey.
December 8 to February 9, 1884: Judges Owen, Johnson, Mc- Ilvaine, Follett, and Okey.
February 9, 1884, to February 9, 1885: Judges Johnson, McIlvaine, Okey, Follett, and Owen.
February 9, to July 25, 1885: Judges McIlvaine, Okey, Follett, Owen, and Johnson (re-elected).
August 20 to December 15, 1885: Judges McIlvaine, Atherton, Follett, Owen and Johnson.
December 16, 1885, to February 9, 1886: Judges McIlvaine, Follett, Spear, Owen, and Johnson.
The death of Judge Okey on the 25th day of July, 1885, created a vacancy in the court which was filled by the appointment of Gibson Atherton, of Licking County, who took his seat on the 20th day of August. The October elections resulted in the election of William T. Spear, of Trumbull County, to fill the unexpired term of Judge Okey, and he
693.
THE BIOGRAPHICAL ANNALS OF OHIO.
Historical Sketch of the Judges of the Supreme Court.
qualified and took his seat on the 16th day of December, Judge Atherton retiring. At the same election Thaddeus A. Minshall, of Ross County, was elected for the full term of five years to succeed Judge McIlvaine, and these two members of the court have, by repeated re-elections by the people, been continued on the bench of the Supreme Court to the pres- ent time. Judge Johnson resigned November 9, 1886, and Franklin J. Dickman, of Cuyahoga County, was appointed to fill the vacancy until the next general election. He took his seat November 16. In October previous, Marshall J. Williams, of Fayette County, was elected to suc- ceed Judge Follett. In 1887 Judge Spear was re-elected for a full term and in 1888 Joseph P. Bradbury, of Gallia County, was elected to suc- ceed Judge Owen. Judge Dickman was re-elected in 1889, Judge Min- shall was re-elected in 1890 and Judge Williams in 1891. In the elections of 1892, under a new law, by which the membership of the court was in- creased from five members to six, and the terms of office from five years to six, two members of the court were elected in the persons of Judge . Spear for the long term of six years and Jacob F. Burket, of Hancock County, for five years. Judge Bradbury was re-elected in 1893; John A. Shauck, of Montgomery County, was elected in October, 1894, to suc- ceed Judge Dickman. From 1894 to 1899 the sitting judges were re- elected to succeed themselves without exception, and consequently no changes occurred in the personnel of the court. In November, 1899, William Z. Davis, of Marion County, was elected to succeed Judge Bradbury, who afterward resigned (January 10, 1900), a month before the expiration of his term. Judge-elect Davis was appointed to the vacancy thus created, and went on the bench a month earlier than the time for which he had been elected. In November, 1900, Judge Shauck was re- elected and entered on his present term February 9, 1901. The per- sonnel of the Supreme Court of Ohio for the period between February 9, 1886, and February 9, 1901, (a period of fifteen years) was, therefore:
February 9, to November 9, 1886: Judges Owen, C. J., Follett, Spear, Johnson, and Minshall.
November 10, 1886, to February 9, 1887: Judges Owen, C. J., Follett, Dickman, Spear and Minshall.
February 9, 1887, to February 9, 1888: Judges Owen, C. J., Dick- man, Spear, Minshall, and Williams.
February 9, 1888, to February 9, 1889: Judges Owen, C. J., Dick- man, Minshall, Spear, and Williams.
February 9, 1899, to February 9, 1890: Judges Minshall, C. J., Dickman, Spear, Williams and Bradbury.
February 9, 1890, to February 9, 1891 : Judges Minshall, C. J., Williams, Spear, Bradbury, and Dickman.
February 9, 1891, to February 9, 1892: Judges Williams, C. J., Spear, Bradbury, Dickman, and Minshall.
February 9, 1892, to February 9, 1893: Judges Spear, C. J., Brad- bury, Dickman, Minshall, and Williams.
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THE BIOGRAPHICAL ANNALS OF OHIO.
Historical Sketch of the Judges of the Supreme Court.
February 9, 1893, to February 9, 1894: Judges Bradbury, C. J., Dickman, Minshall, Williams, Burket, and Spear.
February 9, 1894, to February 9, 1895: Judges Dickman, C. J., Minshall, Williams, Burket, Spear, and Bradbury.
February 9, 1895, to February 9, 1896: Judges Minshall, C. J., Williams, Burket, Spear, Bradbury, and Shauck. ,
February 9, 1896, to February 9, 1897: Judges Williams, C. J., Burket, Spear, Bradbury, Shauck, and Minshall.
February 9, 1897, to February 9, 1898: Judges Burket, C. J., Spear, Bradbury, Shauck, Minshall, and Williams.
February 9, 1898, to February 9, 1899: Judges Spear, C. J., Brad- bury, Shauck, Minshall, Williams, and Burket.
February 9, 1899, to January 10, 1900: Judges Bradbury, C. J., Shauck, Minshall, Williams, Burket, and Spear.
January 10, 1900, to February 9, 1900: Judges Shauck, C. J., Minshall, Williams, Burket, Spear, and Davis (by appointment).
February 9, 1900, to February 9, 1901 : Judges Shauck, C. J., Minshall, Williams, Burket, Spear, and Davis (by election).
February 9, 1901, to February 9, 1902: Judges Minshall, C. J., Williams, Burket, Spear, Davis, and Shauck.
In November, 1901, James L. Price, of Allen County, Chief Justice of the Circuit Courts of Ohio, was elected to the Supreme Court to suc- ceed Judge Minshall, and took his seat February 9, 1902. Chief Justice Williams died in July, 1902, and on the 19th of the month Governor Nash appointed to the vacancy Judge William B. Crew, of Morgan County, who was the candidate for Judge of the Supreme Court on the Republican State ticket, and who was in November, 1902, elected to suc- ceed himself for the full term. - In November, 1903, Judge Augustus N. Summers of the Circuit Court was elected to succeed Judge Jacob F. Burket, who retired February 9, 1904. Judge Spear was re-elected in 1904, and Judge Davis in 1905. There was no election in 1906, and will be none in 1907, owing to the recent change from annual to biennial state elections in Ohio.
The personnel of the Supreme Court from February 9, 1901, to date of publication, has been as follows :
February 9, to July 7, 1902 : Judges Williams, C. J., Burket, Spear, Davis, Shauck, and Price.
August 21, 1902, to February 9, 1904: Judges Burket, C. J., Spear, Davis, Shauck, Price, and Crew.
February 9; 1904, to February 9, 1905: Judges Spear, C. J., Davis, Shauck, Price, Crew, and Summers.
February 9, 1905, to February 9, 1906: Judges Davis, C. J., Shauck, Price, Crew, Summers, and Spear.
February 9, 1906, to - - Summers, Spear, and Davis.
: Judges Shauck, C. J., Price, Crew,
THE SUPREME COURT COMMISSIONS.
T HE power of the General Assembly to assist in disposing of the work before the Supreme Court of Ohio by the formation of "Supreme Court Commissions" (Section 21, Article IV), has been invoked twice since the adoption of the present Constitution of Ohio. The appointment of the members of this commission has been vested in the Governor in both instances.
THE COMMISSION OF 1876.
On the 2d day of February, 1876, the Governor appointed as such Supreme Court Commission, to serve for three years, Josiah Scott, of Crawford County ; William W. Johnson, of Lawrence County; D. Thew Wright, of Hamilton County ; Richard A. Harrison, of Franklin County ; Henry C. Whitman, of Hamilton County; and Luther Day, of Portage County. Mr. Harrison refused to accept the appointment and Thomas Q. Ashburn, of Clermont County, was appointed in his stead, and took his seat on the bench on the 16th of March, 1878.
This commission sat until the 2d day of February, 1879, as an auxiliary to the Supreme Court, and assisted in bringing up the docket which had fallen far behind the reasonable time for trial.
THE COMMISSION OF 1883.
In 1883, the Governor again appointed a commission of five mem- bers under an enabling act of the General Assembly, and this commis- sion began its work on the 17th day of April, 1883, and continued on the bench for the period of two years. The commission of 1883 consisted of Moses M. Granger, of Muskingum County, C. J., Geo. K. Nash, of Franklin County; Franklin J. Dickman, of Cuyahoga County ; Charles D. Martin, of Fairfield County ; and John McCauley, of Seneca County. This commission adjourned April 16, 1885.
OFFICERS OF THE SUPREME COURT.
The Marshal of the Supreme Court is also librarian of the Law Library of the Supreme Court; he is the chief executive officer of the court, is under bond for the care and safekeeping of all the books, furni- ture and property of the department, and is the crier of the court and the officer in charge of all the rooms, halls and offices assigned to the depart-
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THE BIOGRAPHICAL ANNALS OF OHIO.
Officers of the Supreme Court and Law Library.
ment. (Sections 423-4 R. S. of Ohio.) The duties of Law Librarian consume practically all of the Marshal's time, and for this reason his office is located in the library rather than adjacent to the court rooms.
ROSTER OF OFFICERS OF THE SUPREME COURT ANDILAW LIBRARY, SEPTEMBER, 1, 1904.
Name.
Title.
Term.
E. Howard Gilkey John Wm. Shaw
Marshal and Librarian
Asst. Librarian and Bookkeeper.
Three years. Pleasure of the Court.
A. W. Buckmaster.
First Deputy Marshal.
Pleasure of the Court.
L. McAllister.
Second Deputy Marshal
Pleasure of the Court.
C. C. Barrows
Assistant Librarian
Pleasure of the Court.
W. W. McDonald Fred H. Wolf
Third Deputy Marshal
Pleasure of the Court.
Stenographer
Three years.
Perry W. Heacock
Stenographer
Three years.
NOTE .- The Clerk of Court and the Supreme Court Reporter are independent of this department.
HISTORICAL SKETCH OF THE SUPREME COURT LAW LIBRARY.
The law books forming a part of the State Library were taken to the rooms assigned for the use of the Supreme Court and Law Library in the present Capitol building as soon as said rooms were ready for occupancy. There are no data obtainable showing just when this change was made, but it was about 1858. At this time the number of volumes could not have exceeded a couple of thousand. In 1866, a count showed about 2,500 volumes. The Library was first in charge of the messenger of the Supreme Court, who was assigned the duty of librarian.
At this time there were two officers of the Court-a crier and messenger. Owing to the illness of the messenger during the greater portion of the year of his service, the crier of the court acted as librarian, and furnished an assistant who was compensated under an arrangement with the messenger. In 1867, an act was passed providing for the ap- pointment of a law librarian, taking effect February 9, 1867, and the positions of crier and messenger of the Supreme Court were abolished, the law librarian being made ex-officio crier of the court, said crier to furnish an assistant.
For a number of years the listing of the volumes being added to the Law Library were taken as part of the State Library, and the State Library figures given of the number of the volumes enrolled included all those which had been set apart as the Law Library of the Supreme
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THE BIOGRAPHICAL ANNALS OF OHIO.
Historical Sketch of the Supreme Court Law Library.
Court and additions thereto. This was discontinued early in the seven- ties, and the first record kept, showing additions to the Law Library, were made in 1873. From this time on more attention was given the subject of books, and in 1875 the library had grown to nearly four thousand volumes. In 1880, when the first catalogue was made, the library contained about seven thousand five hundred volumes, and at the time of this writing (March 1, 1901) the library counts out a little over twenty thousand volumes.
The first Messenger and Librarian was Richard Riordan, who served about two years. He was succeeded by Herman Ruess, in 1860, who served until February II, 1866. James H. Beebe was Acting Crier of the Supreme Court, appointed by the Supreme Court April 6, 1865, and re-appointed February 11, 1866, at which time he took charge substantially of the Law Library. On February 16, 1867, a law was passed creating the office of Law Librarian, who, ex-officio, should be the crier of the court. James H. Beebe served in this capacity until his death, July 12, 1880. Frank N. Beebe, who had been serving as an assistant to his father, was appointed Law Librarian, and succeeded his father in charge of the department, July 13, 1880, and served continuously until his death September 27, 1904.
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