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A HISTORY of the SUPERIOR COURT JUDGES of CLARK COUNTY, WASHINGTON by Hon. Roger A. Bennett April, 2011

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A HISTORY of the SUPERIOR COURT JUDGES of CLARK COUNTY, WASHINGTON by Hon. Roger A. Bennett April, 2011 A HISTORY OF THE SUPERIOR COURT JUDGES OF CLARK COUNTY, WASHINGTON By Hon. Roger A. Bennett April, 2011 A HISTORY OF THE SUPERIOR COURT JUDGES OF CLARK COUNTY, WASHINGTON By Hon. Roger A. Bennett April, 2011 The introduction of the judiciary to the area now known as Clark County, Washington came about as a result of events transpiring in 1841 in the Willamette Valley. Settlers in the valley had addressed a petition to the United States Congress in 1838 and again in 1840 requesting that the protection of the laws of the United States be extended to the Oregon Territory. The petitioners emphasized their need for protection against crime, as well as a growing apprehension that native tribes in Eastern and Southern Oregon were becoming increasingly hostile toward the settlers, such that a military force might be needed. The need for law in civil cases and to protect private rights was also present, though not so immediate. In a meeting held on February 7, 1841 at Champoeg, which was then the principal settlement in the Willamette Valley, the Reverend Jason Lee advocated the selection of a committee for the purpose of drafting a constitution and code of laws for government of the settlements located South of the Columbia River. Protection of these laws was also to be extended to settlers North of the Columbia, so long as they were not affiliated with the Hudson's Bay Company. The death of Ewing Young, on February 15, 1841, made the adoption of civil laws, and a judicial system to administer them, a more urgent proposition. Ewing Young was the richest settler in the region, and had taken possession of a land claim constituting practically the entire Chehalem Valley. This claim included a market place, a store, a bank, and a factory, as well as the largest farm in Oregon. Many of the region's inhabitants were involved in Young's affairs as creditors or debtors. Young died with no known heirs, and it was essential to the community that distribution be made of his property. At a meeting of nearly all the male settlers in the Willamette Valley on February 18, 1841, Doctor Ira L. Babcock was appointed Supreme Judge with probate powers. It was directed that until a code of laws could be drafted, Dr. Babcock would be governed by the laws of the State of New York, although apparently there was not a copy of the New York code existing in the territory. One of the first judicial acts accomplished by Supreme Judge Babcock was to appoint an administrator for the estate of Ewing Young. A subsequent meeting at Champoeg, on May 2, 1843, resulted in selection of a legislative committee directed to formulate a legal code. At a meeting on July 5, 1843, the body of laws presented by the legislative committee was adopted by the settlers of Oregon. The first law books which had reached the territory in 1842 were the laws of the First Legislative Assembly of the Territory of Iowa and thus, the Oregon statutes were based almost entirely upon 2 Iowa statutes. On July 5, 1843, the newly formed Provisional Government of Oregon established four districts, two of which extended into the area which would later become Washington Territory. On June 27, 1844, the legislative committee delineated the area lying north of the Columbia River, from the Pacific Ocean to the Rocky Mountains, as the Vancouver District. On December 22, 1845, an act was passed substituting the word County for District. By an act of August 14, 1848, the Congress of the United States established the Territorial Government of Oregon, encompassing all territory of the United States lying west of the summit of the Rocky Mountains and north of the forty-second degree of North latitude. On September 3, 1849, the Oregon Territorial Legislature changed the name of Vancouver County to “Clarke” County, in honor of explorer William Clark, of the Lewis and Clark Expedition, whose name was misspelled. The first meeting of the county probate court occurred in 1850 in a room in the residence of Vancouver pioneer Amos Short. By act of Congress on March 2, 1853, the Territory of Washington was created out of a portion of the Territory of Oregon lying North of the Columbia River. The act vested the judicial power of the territory in a Supreme Court, District Courts, probate courts, and justices of the peace. The Supreme Court consisted of a chief justice and two associate justices. The 3 territory was divided into three judicial districts and a district court was presided over in each district by one of the justices of the Supreme Court. Clark County was placed in the Second Judicial District. The salary of the justices was set at $2,000 per year. Under the Washington territorial government, 21 men served as justices of the Supreme Court, and sat as district court judges in their respective districts. They were: Edward Lander, Obadiah B. McFadden, Frances A. Chenoweth, William Strong, Edward Fitzhew, Christopher C. Hewitt, Ethelbert P. Oliphant, James E. Wyche, Charles B. Darwin, B. F. Dennison, Orange Jacobs, James K. Kennedy, Roger S. Greene, Joseph R. Lewis, Samuel C. Wingard, John P. Hoyt, Richard A. Jones, George Turner, William Langford, Frank Allyn, and Lucius B. Nash. In October, 1855, the first courthouse designed for that purpose in Washington Territory was built in Vancouver, at the present location of 9th and Reserve Streets, now the East end of the Hudson’s Bay High School football field. For 28 years this building was the site of the 2nd Judicial District Court when it sat in Clark County. In 1883, a new three story courthouse was built on the present courthouse site at 11th and Franklin. When Washington attained statehood in 1889, twelve superior court judges were elected to serve the thirty-nine counties. The judges sitting in Clark County since that time are listed hereafter. 4 JUDGES PAGE NATHANIEL H. BLOOMFIELD (1889 - 1892) 6 ELMER A. WISWALL (1893 - 1894) 9 A. L. MILLER (1894 - 1904) 13 W. W. McCREDIE (1905 - 1909) 17 DONALD MCMASTER (1909 - 1912) 21 R. H. BACK (1913 - 1920) 24 GEORGE B. SIMPSON (1921 - 1937) 26 CHARLES W. HALL (1937 - 1955) 30 EUGENE CUSHING (1945 - 1966) 34 J. GUTHRIE LANGSDORF (1955 - 1976) 38 VIRGIL V. SCHEIBER (1963 - 1970) 41 ROBERT D. McMULLEN (1966 - 1982) 43 EDWARD P. REED (1970 - 1975) 46 JOHN N. SKIMAS (1971 - 1992) 50 THOMAS L. LODGE (1975 - 1997) 55 J. DEAN MORGAN (1975, 1977 - 1990) 59 ROBERT L. HARRIS (1979 - 2009) 62 JAMES D. LADLEY (1983 - 2001) 68 BARBARA D. JOHNSON (1987 - ) 71 ROGER A. BENNETT (1990 - 2011) 74 EDWIN L. POYFAIR (1992 - ) 78 JAMES E. RULLI (1996 - ) 81 JOHN F. NICHOLS (1997 – ) 85 DIANE M. WOOLARD (2000 - ) 89 JOHN P. WULLE (2001 - ) 92 ROBERT LEWIS (2004 - ) 96 SCOTT A. COLLIER (2008 - ) 100 RICHARD MELNICK (2010 - ) 103 5 6 NATHANIEL H. BLOOMFIELD (1889 - 1892) The first judge elected to the superior court of the State of Washington for Clark County was the Honorable Nathaniel H. Bloomfield. Bloomfield was born at Bowling Green, Kentucky on November 21, 1850, and was educated at Washington University, in St Louis. He and his family also lived for a time in New Orleans. In May of 1870 he accompanied his parents to the Washington Territory, where they first lived in Olympia. In 1871, Bloomfield began studying law under Judge Elwood Evans of Olympia and then later with the Honorable Thomas A. McBride. Bloomfield was admitted to the bar in 1873 and was sworn in by Judge Orange Jacobs of Seattle. That same year, Bloomfield began practice in Kalama, and in 1874 was the Republican nominee for district attorney of the Second Judicial District of Washington Territory, comprising ten counties. Bloomfield lost the election by 137 votes. In 1876, Bloomfield was nominated as a Republican candidate for district attorney of the same district and defeated Democratic opponent Judge Columbia Lancaster, a well known Vancouver attorney. In 1878 and 1880 Bloomfield was reelected to the position of district attorney of the Second Judicial District. In 1882 Bloomfield resumed the practice of law in Vancouver, and when statehood approached, Bloomfield was elected by the Republican party as a candidate for the superior court judge position of the district containing Pacific, Wahkiakum, Cowlitz, 7 Clark and Skamania Counties. In the election held in October of 1889, Bloomfield defeated Democratic opponent J.A. Munday and former Chief Justice B.F. Dennison of the Independent party. The Vancouver Independent newspaper of October 30, 1889, shows Bloomfield receiving 2,366 votes to Munday's 1,452, followed by Dennison with 240. Probably the most unusual event of Judge Bloomfield's career on the bench occurred four months after his election when the Clark County courthouse burned to the ground on February 24, 1890. All court records and land ownership records were lost, resulting in litigation over title to real estate which lasted for years. Following one term on the bench, Judge Bloomfield returned to private practice, and his name shows up again in the August 8, 1894, Vancouver Independent newspaper wherein it is reported that he filed a lawsuit against J.J. Stratton, for unpaid attorney's fees. Judge Bloomfield resided at Seaview, Washington until his death on September 7, 1922. 8 9 ELMER A. WISWALL (1893 - 1894) Clark County's second superior court judge was Elmer A. Wiswall. Although there is some conflict in the ancient documents relating to Judge Wiswall, his obituary in the August 15, 1894, Vancouver Independent claims that he was born in Iowa in the year 1859.
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