Thomas County cat. [volume] (Colby, Kan.) 1885-1891, 1886-02-18

the supreme court of the United States.
| II was rendered by him at chambers, in the
presence of his learned and distinguished
associates. and came about in
this way: Chief Justice Marshall, though
| a temperate man. was very great lover
of a good glass of wine. In those days, |
need not say, prohibition was unknown.
During the sessions of the United States
supreme court ct Washington. the mem
beers dined together daily at the old Ma
tional hotel. When the dessert was served.
| it was the habit of the chief justice to turn
| to Judge Story and says: "Will brother
Story please 60 to the window and
ascertain the condition of the weather; if
it is rainy or threatening, bottle of wine
will be ordered to protect the health of the
court" If Judge Story reported rainy or
stormy weather outside, the wine was Or
dered and drank with exceeding zest; but
| if brother Story reported the sun shining.
or the weather tolerably fair. Chief Justice
Marshall would reply: The jurisdiction
of the supreme court is so extensive and
embraces so many different sections of the
country, surely it must be raining or
threatening a storm somewhere, there
fore, the only safe way is to have the
wine brought In at once.
Speaking seriously, however, when re-
member l have been requested to speak of
the state judiciary, coordinate branch Of
the government, branch which. with its
supreme power, can stay the hand Uf the
governor and annul acts of the Legislature,
| accept the invitation with extreme diff
dence and if, in the fifteen minutes allowed,
fail to do justice to the subject, the broad
smiles of friendship around. cheer me with
the reflection that where love exists, there
charity abounds."
When Kansas donned the robes Of state
hood, the constitution of the state pro-
vided, as now, that the judicial power
should be vested in supreme court. dis
trict courts, probate courts, justices of the
peace, and such other courts, inferior to
| the supreme court, as might be provided
by law; the supreme court consisted then,
as now, of one chief justice and two as
| sociate justices, whose term of Office, after
the first, was six years. the justices having
the authority to appoint a reporter and
clerk. The state was divided into FIVE
judicial districts, with district Judge for
each. holding his Office for the term of four
years.
Hon. Thomas Ewing, jr. was the first
chief justice; Hon. Samuel A. Kingmal
| and Hon. Lawrence D. Bailey, the first as
sociate justices. Andrew Stark was the
first clerk appointed for the court. and
Preston B. Plumb, now United States
Senator, the first reporter. The following
were the first district Judges of the state:
Hon. William c. Mcdowell, of Leaven-
worth county; Hon. Albert L. Lee, Of Don
iphan county; Hon. Jacob Stafford, Of
Shawnee county; Hon. Scion 0. Thacher,
ard, of Cofey county.
the FIRST organization of the court in 1861.
until his resignation on November %,
1862, to accept the colonelcy OF the Elev-
enth regiment of Kansas volunteers.
Hon. Nelson Cobb was appointed by
Governor Charles Robinson, on December
%, 1862, to succeed him. He continued
in office one year, and was followed by
Hon. Robert Crozier, who was elected No
vember 8, 1868. He held the Office for
about three years. his successor being
Hon. Samuel A. Kingman, who was elected
as chief justice November 6, 1866, and con-
tinued in Office until his resignation in
December, 1876, on account of i'll health.
The writer of this was then appointed
chief justice by Governor Thomas A. o.
born and first took his seat upon the su-
preme bench in January, 1877. Hon Law
renee D. Bailey served as associate
justice for eight years, giving
place to Hon. Daniel H. Valentine, who
was first elected associate justice Novem-
Der 3, 1868. and has continued to fill the
Office from that time. Hon. Samuel A..
Kingman served as associate justice from
1861 to 1865, his successor being Hon. ia
cob Stafford, who held the Office for one
term, being succeeded by Hen. David J.
Brewer, elected November 8. 1870; he con-
tinued in Office as associate justice until
his resignation on April 8. 1884. He was
succeeded by Hon. 7. A. Hurd, hy appoint
ment by Governor George w. Click, who
in turn gave place to Hon. w. A. John
ston, elected as associate justice on No
vember 4, 1884.
Ex-Chief Justice Ewing returned to
Ohio at the close of the war. and served
for time as member of congress from
that state. He is now successful lawyer
in New York city. Hon. Nelson Cobb is
engaged in the practice of his profession
at Kansas City. Ex-Chief Justice King
man resides in Topeka, enjoying the retro
spects incident to serene age. E1-Judge
Bailey, since leaving the bench. has en-
gagged in various pursuits-mostly, how
ever, in journalism. He resides in Garden
City, in Finney county. Judge David J..
Brewer is ably and acceptably filling the
Office of United States judge for the eighth
circuit. Ex-Judge 7. A. Hurd is in the
practice of the law at Leavenworth.
Andrew Stark was succeeded as clerk Of
the supreme court by E. B. Fowler, who
was appointed in 1868. He was succeeded
by Abram Hammatt, appointed in July,
1870. He resigned in June, 1879, and
died few months later, his successor be-
ing C. J. Brown, the present occupant.
Andrew Stark and f. B. Fowler have re-
moved from the state The first. under
stand. lives in Chicago, and the latter in
California.
Preston B. Plumb was succeeded
as reporter by Louis Carpenter, who
was killed in the Massacre at
Lawrence on August 81. 1863, by
guerillas under Quantrill His successor
was Elliot V Banks, whose term expired
March 81, 1911. He has since deceased.
His successor was Hon. W. c. Webb, the
present judge of the superior court of
Shawnee county. He resigned in March,
IL