USA > South Dakota > History of Dakota Territory, volume III > Part 130
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121 | Part 122 | Part 123 | Part 124 | Part 125 | Part 126 | Part 127 | Part 128 | Part 129 | Part 130 | Part 131 | Part 132 | Part 133 | Part 134 | Part 135 | Part 136 | Part 137
In 1892 Dighton Corson, A. G. Kellam and J. E. Bennett were re-elected members of the Supreme Court. Counties with less than twenty thousand population were given jurisdiction in prohibition matters; in counties with over twenty thousand population the jurisdiction was to be the same as under the old law. The Supreme Court judges elected in 1892 were chosen for four and six years respectively. A bill to raise the pay of Supreme Court judges to $3.000 and the pay of Circuit Court judges to $2,500 was defeated in 1893.
In September, 1893, the republican candidates for judges throughout the state were as follows: Supreme judges: Dighton Corson, A. G. Kellam and J. E. Bennett. The candidates nominated by the independents were: J. B. Fairbank, C. B. Kennedy and H. H. Porter. Those nominated by the democrats were: C. L. Wood, W. H. Stoddard and H. C. Hinckley. The nominees for
district judges were as follows: First District : E. G. Smith, republican ; H. J. Campbell, independent ; F. H. Durstine, democrat. Second District : J. W. Jones, republican; W. A. Wilkes, independent; H. H. Keith, non-partisan. Third District: J. O. Andrews, republican; T. L. Bouck, independent; T. L. Bouck, democrat. Fourth District: Richard Haney, republican. Fifth District : A. W. Campbell, republican. Sixth District: H. G. Fuller, republican; C. G. Hartley, independent ; J. F. Hughes, democrat. Seventh District : William Gard- ener, republican; Levy McGee, independent ; Levy McGee, democrat. Eighth District: W. G. Rice, republican ; A. J. Plowman, independent ; C. M. Thomas, democrat. .
An important trial in early statehood was that of R. N. Thompson, who was charged with murder. He was accused of killing Mrs. Electa Blighton, a woman who interfered when he was stabbing his wife with a butcher knife. He muti- lated Mrs. Blighton horribly and her death resulted. He was duly tried and sentenced to be. hung. The murder was committed at Arlington. At the last
928
SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE
moment on the day fixed for execution he was reprieved for fifteen days by Governor Sheldon. At the expiration of that time he was hanged at DeSmet on October 20, 1893. This was the first judicial hanging for murder in the State of South Dakota.
In 1893 Judge Edgerton, while holding United States Court at Pierre, sharply reprimanded States Attorney Miller for not seeing that the law was observed in binding over to court throughout the district defendants in criminal cases. He asked the attorney why certain persons who had been bound over at Chamber- lain had not been brought before the grand jury at Pierre. At this time there was only one district of the United States District Court in South Dakota; and criminal cases should be bound over to the first term of the court no matter whether it was held at Sioux Falls, Pierre or Deadwood announced the judge. He said that he had been criticized for the short terms held by his court at Dead- wood and Pierre, but it had not been his fault, because he had repeatedly directed that parties were to be bound over to the next term no matter where held.
"Our constitution provides that 'the judges of the Supreme Court, Circuit courts and County courts shall be chosen at the first election held under the provisions of the constitution, and thereafter as provided by law; and the Legis- lature may provide for the election of such officer on a different day from that on which an election is held for other officers, and may extend or abridge the term of office for any such judges then holding, but not in any case more than six months. The terms of all judges of the Circuit courts elected in the several judicial circuits, throughout the state, shall expire on the same day.' There has as yet been no provision made by the Legislature for the election of any of these officers other than the judges of County courts, and your attention is respectfully called to this subject. The terms of the Supreme and Circuit Court judges now holding will expire on the Ist day of January, 1894, and it is im- portant that you make provision for the election of their successors."-Message of Governor Mellette, 1893.
Judge John E. Bennett, of the Supreme Court, died of heart disease January I, 1894. He had just been elected supreme judge. He died at Pierre and Governor Sheldon soon afterwards appointed his successor to serve until the next general election. His death occurred a day or two before his first four-year term had ended and before he had entered upon his second term of six years, to which he had been elected in November, 1893. His second term would begin as soon as he was sworn in at the sitting of the Legislature early in January, 1894. The Supreme Court decided that a vacancy existed and that the governor could appoint a successor for the full six years. Governor Sheldon therefore, on January 15th, appointed H. G. Fuller circuit judge of the Pierre District to be Judge Bennett's successor. . Judge Fuller had just been elected district judge at Pierre. L. E. Gaffey, a prominent attorney of Pierre, was appointed to suc- ceed Judge Fuller on the Circuit bench.
After his defeat for re-election to the United States Senate Judge Gideon C. Moody was appointed special assistant United States district attorney for the Black Hills District. He had asked for this position and had secured it without much effort and with little competition.
In 1896 the attorney-general reported great increase in the business of his office. Within a few years the number of cases and their importance had quad-
SUPREME COURT ROOM, STATE CAPITOL, PIERRE
929
SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE
rupled and he was unable to attend suitably to all his duties. He had, in Deceni- ber; 1896, pending in the Supreme Court, thirty-two cases on the following subjects, among others: Murder, damages, taxes, debt, fraudulent conveyances, official bond, to quiet title, conspiracy, embezzlement, trespass on' school lands, malicious mischief, burglary, on bond of W. W. Taylor in Indiana and New York, and in the Supreme Court of the United States for money fraudulently received. Other cases pending were of great importance and required an immense amount of work and the assistance of other lawyers. One case was the suit begun by attachment against W. W. Taylor and his bondsmen to recover $350,000 for breach of bond. This necessitated attachment proceedings in thirty-two counties of the state. About twenty-two thousand dollars in cash was recovered by attachment from banks in Pierre. While the attachments were pending, many of the defendants attempted to convey away their property. There were many complications in this large and perplexing suit.
In 1873 C. J. B. Harris, a lawyer of Yankton, was appointed by the territorial governor under a law of the Legislature to compile the laws of the territory. This he did for about two years and at last put in his bill, but owing to the demoralization then existing in state affairs and to the contests between the Legislature and the governor, his claim was not accepted, was in fact neglected altogether. He afterwards made efforts to secure compensation, but his claim, strange to say, was invariably turned down by the Legislature. Again, in January, 1896, he put in his claim, but it was disallowed.
In January, 1896, Judge Kellam of the Supreme Court resigned upon request of the governor. He was charged with gross immorality. Frank B. Smith was appointed his successor. This scandal was one of the worst in the history of the state. It startled and aroused everybody.
In November, 1897, in response to the call of the Sioux Falls Bar Association published in the newspapers, about seventy-five lawyers assembled in that city for the purpose of organizing a new State Bar Association. The organization was duly effected with the following officers: President, Bartlett Tripp; first vice president, John R. Wellom; second vice president, H. H. Keith; secretary, C. H. Voorhees; treasurer, I. W. Goodner. The following executive council was appointed: First District, John L. Jolley; Second District, E. C. Ericson ; Third District, George W. Case; Fourth District, J. S. Hannett; Fifth District, A. W. Burtt; Sixth District, James M. Brown ; Seventh District, W. M. Goodner ; Eighth District, William G. Rice. Several interesting speeches were delivered, and preparations for regular meetings were made. The meeting closed with a splendid banquet at the Cataract House, where numerous toasts were responded to.
Miss Katie Rockford was admitted to the bar at Pierre in October, 1897. She was the first woman in South Dakota to take the law examination before the Supreme Court.
In October, 1897, the Supreme Court decided in the case of the State v. W. W. Taylor that the ruling of the lower court should be affirmed. The Supreme Court held that the Circuit Court was not in error in directing judgment for $355,277, the full amount of the shortage, although the real bond was for $250,000 only.
In September, 1897, E. G. Kennedy became United States marshal by appoint- ment of the President. He had made a long hard fight for the position, but was finally triumphant.
Vol. III-59
930
SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE
At the November election in 1897 the republicans elected six out of the eight Circuit judges, as follows: E. G. Smith, First District; J. W. Jones, Second District; T. B. Swift, Fourth District; A. W. Campbell, Fifth District; L. E. Gaffey, Sixth District, and W. G. Rice, Eighth District. The democrats elected Julian Bennett in the Third District and Levy McGee in the Seventh District.
On December 7, 1897, a meeting of lawyers was held at Sioux Falls pursuant to call to organize another State Bar Association. Those who called the meeting were Hosmer H. Keith, C. O. Bailey and Rollin J. Wells. There was present a large attendance, and a number of interesting speeches were made urging the formation and continuance of such a society. There were present the following delegates by counties : Beadle-A. W. Burtt, T. M. Simmons and T. H. Null ; Brown-J. C. Campbell, G. H. Houser and John Perry ; Clay-G. J. Gunderson, H. G. Tilton and E. M. Kelsey; Codington-G. W. Case, Lee Stover and Alex- ander Johnson ; Davison-T. B. Smith ; Fall River-A. J. Kellam; Hanson-P. S. Zolleran, J. H. Miller and J. T. Groves ; Hughes-R. W. Stewart, I. M. Goodner and C. E. Deland; Hutchinson-J. G. Howley, W. Brown and M. T. Halphilde ; Lake-G. R. Parmer, C. J. Porter, T. L. Soper, J. H. Williams and William McGrath; Lawrence-John R. Wilson ; Lincoln-O. S. Gifford, M. E. Rudolph and A. R. Brown; McPherson-James M. Brown; McCook-M. A. Butterfield, E. H. Wilson and A. C. Biernatzki; Minnehaha-H. H. Keith, R. J. Wills and C. O. Bailey ; Moody-J. Q. Adams, H. D. James and George Rice; Sanborn --- S. A. Ramsey, U. B. Reed and John T. Kean ; Turner-M. J. Quigley ; Miner- E. C. Ericson, E. W. Miller and W. J. Bulow; Yankton-Bartlett Tripp, A. H. Orris and R. J. Gamble. The objects of the organization were: (1) To promote and foster social intercourse among the members and other attorneys of the state; (2) to expedite the ends of justice and maintain the dignity and purity of the judiciary ; (3) to elevate the standard of excellence of members of the bar and aid and assist young and worthy lawyers and students. R. J. Gamble served as chairman of this meeting. The following officers of the association were thereupon elected : President, Bartlett Tripp; first vice president, John R. Wil- son ; second vice president, H. H. Keith; secretary, G. H. Voorhees; treasurer, I. W. Goodner. Executive committee-First District, John L. Jolley ; Second, E. C. Ericson ; Third, G. W. Case; Fourth, J. S. Hannett; Fifth, A. W. Burtt ; Sixth, James M. Brown; Seventh, William Gardner ; Eighth, W. G. Rice.
In January, 1898, the lawyers of the First Judicial District assembled at Yankton and organized a district bar association. Robert Dollard was elected president ; C. H. Dillon, vice president ; H. G. Tilton, second vice president. The managing committee were L. B. French, N. J. Cramer, H. J. Campbell, J. A. Copeland and R. J. Gamble ; committee on ordinances-E. T. White and J. T. Smith.
In January, 1899, a bill providing for the establishment of the ninth judicial circuit was introduced into the Legislature. It was opposed and finally defeated. In 1889 the union ticket for Supreme judges contained the following names : Edmund Smith, Julian Bennett and C. B. Kennedy.
The State Bar Association assembled at Pierre in January, 1899, with Hon. Bartlett Tripp presiding. The report of the committee on requirements for admission to the bar was duly considered and discussed. The report asked as such requirement that the applicant should show at least 21/2 years study at a
931
SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE
reputable law school, or in the office of a practicing attorney, and that examina- tions in writing of applicants should be made by the court. The report was adopted. I. W. Goodner read an able paper on "Mandamus." Bartlett Tripp read one equaliy as able on the "Source of Sovereignty." He took the position that while the people themselves are the true source of sovereignty, the three branches of the government contained really the basis of sovereignty. He main- tained that each of these three branches should zealously avoid interference with the prerogatives of the other two branches. Memorial resolutions in honor of the late F. M. Goodykoontz, of Mitchell, were prepared by Tripp, Hannett and Sollan. Judge Dick Haney of the Supreme Court delivered an address on "Machine-made Law." His remarks were listened to with much interest by his fellow members of the bar. Other important proceedings were enjoyed. The officers for the coming year were as follows: President, Coe I. Crawford; first vice president, J. D. Elliott ; second vice president, William Gardner; secretary, J. H. Voorhees ; treasurer, I. W. Goodner.
Judge Peter C. Shannon was accidentally killed in California in April, 1899. Formerly he had been prominent in the political and judicial affairs of Dakota Territory. He was born in Pennsylvania in 1821, was well educated, studied law, and began the practice at Pittsburgh. He was a democrat and espoused the cause and supported Governor Curtin of Pennsylvania. During the war he helped raise the Thirteenth Pennsylvania Cavalry, of which he became lieutenant- colonel. After the war he resumed the practice of his profession. He was elevated to the Circuit bench in Dakota Territory and became prominent as a jurist. During General Grant's second term as President Judge Shannon was tendered the position of chief justice of Dakota Territory, which appointment he accepted, came to the territory in 1873 and held the position with distinction for nine years. President Arthur appointed him one of the Sioux commissioners. In very early times he did more than any other resident to help establish sound law and to compel its observance in South Dakota.
At the election of 1899 the populists made great efforts to defeat the republican candidates for the Supreme Court-Corson, Haney and Fuller. The populist candidates were Smith, Kennedy and Bennett. The republican candidates were chosen. The populists wanted a change, because of the fact that they believed and claimed that the existing Supreme Court unduly and unlawfully favored the railway companies.
The re-election of the Supreme judges in November, 1899, seemed an assur- ance that there would be no delay in the administration of justice in South Dakota. If the opposition ticket had been successful, it would have meant a practical standstill of the court for nearly or quite a year. The delay would have been caused, not by the men who composed the ticket, but by the changes in procedure and the legal complications that would have resulted. All cases which had been argued and not decided would have had to be reargued. The old court could not have heard the calendar of causes then pending before surrendering their offices. No doubt a new court would have been delayed and swamped for several months at least. The newspapers of the state called the attention of the voters to these facts and suggested a course beyond the influence of partisans and politics. Many now argued that the judges should be chosen, a few at a time, at the general elections in order to avoid this possible confusion, the extra
932
SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE
expense required for a special election of judicial officers, and the extra loss cast upon litigants by the delayed cases.
At the May session of the Supreme Court there were III cases on the docket, all of which were disposed of. Several were tried, and in all there were III written opinions.
In December, 1899, the State Bar Association met at Mitchell and enjoyed unusually strong proceedings and a splendid banquet in the evening. Several important speeches were made on subjects of great interest to the bar. The offi- cers elected were as follows: President, Edwin Van Cise; vice presidents, C. H. Dillon and Thomas Sterling ; secretary, J. H. Voorhees ; treasurer, I. W. Goodner.
Early in January, 1900, the State Bar Association met at Mitchell. The an- nual address was delivered by Bartlett Tripp, whose subject was "The Temple of Justice ; May the Political Dictator Never Rule Within Its Portals." In 1900 there were elected in the state five republican and three fusion circuit judges.
The Legislature of 1901 considered the establishment of a new judicial cir- cuit in the Black Hills; also one in the southeastern part of the state and one in the northeastern part.
In 1901 Governor Herreid appointed Bartlett Tripp, Gideon C. Moody, and James D. Brown the committee to revise the state laws in accordance with the recent act of the Legislature.
In February, 1901, the Supreme Court handed down its decision in what was known as the "board of charity case." The decision was that the appointees of Governor Lee should hold their offices for their full terms. The opinion was written by Justices Haney who held that the governor alone could appoint persons to fill vacancies on the board without the consent of the Senate; that vacancies existed at the time of the appointment and that the resignation in 1900 did not in any way change the status of the case. The vacancy existed, had to be filled and was filled in a legal manner. This decision left the populist heads of the various charitable institutions in charge of the boards for at least two years more. However, the Legislature abolished the old order and passed a law providing that the governor should have power to remove such appointees.
In 1901 the Legislature enacted a new law concerning requirements for admis- sion to the bar. The examination of applicants, which was required by the rules of the court to be held on the first of each term of the Supreme Court, was post- poned to July 10, 1901. The law contained many new provisions which made it necessary for applicants to prepare anew to meet the examinations. It provided for three full years' study in some reputable law school or in the office of a mem- ber of the bar in regular practice in this state. A further requirement was that the applicant must pass at least 75 per cent on each of the following subjects on a printed list to be furnished by the court : Law of real and personal property, torts, contracts, evidence, pleading, partnership, bailments, negotiable instruments, agency, suretyship, domestic relations, wills, corporations, equity, criminal law, constitutional law, the code of civil procedure and ethics. The law made exam- inations in the future more rigid and required of the applicant a much better knowledge of the law than under the old methods of examination.
In regard to the election of judges of the Supreme and Circuit Courts Gover- nor Herreid said in 1901: "Experience has proved that South Dakota can save $60,000 every odd year by amending the constitution so that the judges of the
933
SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE
Supreme and Circuit Courts may be elected at general elections. The makers of the constitution conceived an ideal non-partisan bench, uninfluenced by parti- san considerations, but time has shown us the fallacy of that conception. The courts are in politics to a dangerous degree and are influenced as much by partisan considerations as any other branch of the Government service. I hope that the Legislature will submit an amendment to the constitution making judicial offi- cers elective at general elections and providing for the election of one judge of the Supreme Court every two years.
In 1901 Judge Corson held that an attorney who was practicing law in this state under a certificate of admission from a circuit judge of South Dakota was entitled to admission on his certificate to practice in the Supreme Court after taking the required oath. In regard to the admission of attorneys holding cer- tificates from other states he made the following statement: "An applicant who holds a certificate of admission from another state and who produces satisfactory evidence that he has practiced in the highest courts of such state for a period of three years, must also present satisfactory evidence that he possesses the requisite general education provided for by section 2 in addition to evidence of good moral character. If such applicant is unable to present the diploma or certificate speci- fied by section 2 as to his educational qualifications, he must be examined in the same manner as an applicant who has not been heretofore admitted in any court. Where an examination by the court is necessary the applicant will only be admitted after such an examination made on the first day of each term of court, except for the present term the examination may be had on the 10th day of July next. It will be observed that by the provisions of section 3 an applicant who has been admitted to practice in the courts of another state and has practiced three years therein, is not absolutely entitled to admission in the courts of this state, but that the question of his admission is left to the discretion of the court. In view of this fact the court will require in all cases that such an applicant for admission, except such as hold certificates of admission from the Circuit Courts of this state, shall appear before the court for such examination as the court may choose to make as to the character of such applicants and their just qualifications to practice and require them to take the oath of an attorney in open court."
The first revision of the territorial laws occurred in 1877, was ordered by the Legislature, and Peter C. Shannon, Bartlett Tripp and G. G. Bennett were the committee appointed for this purpose. This code was used until 1901 when the Legislature ordered a new revision and a new commission was appointed con- sisting of Messrs. Tripp, Moody and Brown.
At the Republican State Convention in 1902 it was declared by the press that there were present fifteen lawyers from Deadwood all of whom were candidates for the judgeship, made vacant by the death of Judge Washabaugh.
Governor Herreid said in 1903 that the attorney-general had rendered fifty- one legal opinions to the state department and other offices upon request and had fifty-five cases then pending in court for the biennium. Nearly all were in the Supreme Court. He declared that the salary of the attorney-general was wholly inadequate considering the high duties and great responsibility of that official, and that it was not proportionately as high by a considerable sum as were the salaries of other state officials. However, for several successive sessions the Leg-
1
934
SOUTH DAKOTA: ITS HISTORY AND ITS PEOPLE
islature had unaccountably failed or refused to raise his salary, although he had been given an assistant, perhaps to equalize in part the deficiency.
In 1904 for the first time in the history of the state, nominations for Supreme Court and Circuit judges were to be made for the general election to be held in November. Prior to this time the elections of judges were held separate from the general elections. The Legislature and the courts had decided that it would be better to choose all judges at the general election and thereby save the state annually from $30,000 to $40,000. Another object was to separate the judges and their election as far as possible from politics ; however, it was found that there was little difference, because in the election of judges party lines were as closely drawn on general election years as on any others.
The law provided that the Supreme Court should hold annually two terms at the seat of government on the first Tuesday of April and October of every year, and at no other place. At the general election in 1904 the judges of the Supreme Court were chosen for the term next succeeding the term for which they were then serving. The term of the judges elected in 1899 was fixed at six years and six months, and the term of their immediate successors was also fixed at six years and six months; and thereafter the term of each judge was fixed for six years. Each judge received an annual salary of $3,000 payable quarterly.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.