TABLE OF CONTENTS-PART FOUR. PAGE Judges of the Territorial Courts of the Northwest Territory (1787-1802) Judges of the Supreme Court of the State of Ohio (1802-1851) Judges of the Supreme Court of Ohio Under the Constitution of 1851... COMMENDATION OF THE JUDICIARY. G OVERNOR JOSEPH VANCE in his inaugural address says, among other things, of the judiciary of the state (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 portion of that flowing prosperity that is felt throughout every portion of our commonwealth." Jacob F. Burket, the present Chief Justice of the Supreme Court, was born in Perry County, Ohio, March 25, 1837. He was elected to the additional judgeship created by the legislative enactment of 1892. In his younger days he taught school and also followed the carpenter's trade. He commenced the study of law in June, 1859, at the same time teaching school during winter months. He was admitted to the bar July 1, 1861, and commenced the practice of his profession at Ottawa, Ohio, removing to Findlay, Ohio, in April, 1862, forming a partnership with Henry Brown, Esq., which firm was dissolved May 1, 1869, after which he practiced alone until January 1, 1888, when he formed a partnership with his son Harlan F., which firm continued until taking his seat upon the Supreme bench, in February, 1893. As a lawyer he was noted for the clear manner in which he presented his principles upon which his cases were founded, his practice in more recent years being in the line of railroad and corporation law. He devoted some time also to business interests as president and director of the American and National Bank of Findlay, Ohio. Judge Burket has also taken great interest in fraternal societies, being elected Grand Master of the Odd Fellows of Ohio in 1881. He is a member of the American Bar Association and of the Ohio State Bar Association, seldom failing to attend their meetings. Judge Burket was Chief Justice of the Supreme Court in 1897, in which year he was re-elected to succeed himself as a member of the court and again became Chief Justice in July 1902 on the death of Chief Justice Marshal J. Williams. William T. Spear, a present member of the Supreme Court, was born June 3, 1834, in Warren, Ohio, from whence came several of Ohio's distinguished judges. His father, Edward Spear, also a judge, was a native of Pennsylvania, of Scotch descent; his mother, whose lineage is traced back to colonial times, came from Norwich, Connecticut, His parents came to Ohio, settling at Warren in the year of 1819. Mr. Spear received a common school education in the excellent union schools of Ohio, supplemented by a most valuable experience a the printer's trade. After serving an apprenticeship upon the "Trumbull Whig and Transcript," published at Warren, he went to New York City, where he was employed in the office of the New York "Herald," and thereafter became a compositor, and later a proofreader, in the publishing house of the Appletons. The value of the practical lessons thus derived, laying as they did a solid foundation for important duties which he was called upon to perform in after life, can hardly be estimated. Perhaps no pursuit quickens the power of conception more than the craft of the printer, and especially has the experience herein outlined been of service to the judge in the preparation of judicial opinions. Says one distinguished in the craft: "Herne has uttered a sneer at the husk and shell of learning, but the best bread is made from the whole meal, and includes the 'shorts' and the 'middlings' as well as the fine flour. If every lawyer, physician, and clergyman were to spend six months at the 'case' before entering upon his profession, he would find, even in that short time of labor, a useful and fitting preparation for such literary tasks as may afterwards devolve upon him." The young printer appreciated his calling, but growing tired of the confinement of the printing office, and having imbibed an ambition for the law, he returned to Warren, and at once began to learn something of the practical side of the profession of his choice, by service as deputy clerk of the Probate and Common Pleas Courts of Trumbull County. He served in these capacities for several years, devoting his spare hours, in the meantime, to the study of the law under the direction of Hon. Jacob D. Cox, since Governor of Ohio, but then of the Trumbull County Bar, now Dean of the Cincinnati Law School, and Father of many lawyers. This preparation was followed by a course in Harvard Law School, where Mr. Spear was graduated in 1859. Being thus equipped by reason of his practical theoretical training, and ready to enter the field of contest, and having returned to Warren, where he was admitted to the bar of Ohio, he at once became a member of the firm of Cox & Ratliff. Later he was associated in practice with Hon. John C. Hutchins, now of the Court of Common Pleas of Cuyahoga County. In 1871 he was elected prosecuting attorney for Trumbull County, serving two terms, and solicitor of his native city for two terms; and for several years he was engaged in the practice with C. A. Harrington, Esq., the firm enjoying a lucrative business. Soon after laying down the duties of those minor positions, Mr. Spear was elected Judge of the Court of Common Pleas, the duties of which office he entered upon in 1898. He was re-elected at the expiration of his first term, but did not complete the second term, because of his election to the Supreme Court, which occurred in 1885. He has since been three times elected to succeed himself as a member of the Supreme Court, and in 1892 and 1897 was Chief Justice. William Z. Davis was born in the village of Loydsville, Belmont County, Ohio, June 10, 1839. He is of Virginia descent. His father, Dr Bashford Washington Davis, was a native of Loudon County, Virginia, and descendant of the revolutionary stock in the Old Dominion. The late Dr. John Davis, an eminent physician and surgeon of Dayton, was his uncle. His mother nee Miss Harriet Hatcher of Belmont County, was also a member of a Virginia family. He was educated in the public schools and in private academy; has been a life-long student and was for many years a member of the American Microscopical Soety, withdrawing only because pressure of business duties interfered with scientific experiment; served out a three months' enlistment in the 4th Ohio Regiment, during the civil war; and afterwards served in the 96th Ohio Regiment, until physically dsabled and honorably discharged during the Vicksburgh Campaign; in the meantime was admitted to the bar; and after coming out of the military service, and upon regaining his health he entered upon the practice of the law; almost from the beginning was recognized as a leader at the bar, and enjoyed a large practice, extending into all the state and federal courts. The suggestion of his name for the office of Judge of the Supreme Court of Ohio was received with remarkable enthusiasm by lawyers of all political parties throughout the state; was nomnated by the Republican party in June, 1899, as its candidate for that office, and was elected in November of that year, up to which time he had never held an elective office. On the 10th day of January, 1900, he was appointed by Governor Nash to fill a vacancy on the Supreme bench caused by the resignation of Judge Joseph P. Bradbury, who had resigned the day before; on February 9, 1900, he entered upon the regular term for which he had been elected in the preceding November. |